Final Enforceable Consent Agreement and Testing Consent Order for Octamethylcyclotetrasiloxane (D4); Export Notification, 18822-18825 [2014-07557]
Download as PDF
18822
Federal Register / Vol. 79, No. 65 / Friday, April 4, 2014 / Rules and Regulations
TKELLEY on DSK3SPTVN1PROD with RULES
Dated: March 28, 2014.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
environment and resulting exposures of
aquatic and sediment dwelling
organisms to D4, contributing to the
Agency’s efforts to understand potential
environmental effects of D4. This
Therefore, 40 CFR chapter I is
document revises the listing for D4 in
amended as follows:
the table of testing consent orders for
substances and mixtures with Chemical
PART 180—[AMENDED]
Abstract Service (CAS) Registry
■ 1. The authority citation for part 180
Numbers. This document announces the
ECA and the Order that incorporates the
continues to read as follows:
ECA for this testing, and summarizes
Authority: 21 U.S.C. 321(q), 346a and 371.
the terms of the ECA. As a result of this
■ 2. In § 180.132, in the table in
action, exporters of D4, CAS No. 556–
paragraph (a), in the entry for ‘‘Banana’’, 67–2, including persons who do not
revise the Expiration/revocation date,
sign the ECA, are subject to TSCA
‘‘3/31/14’’ to read ‘‘3/31/15’’ to read as
export notification requirements.
follows:
DATES: The effective date of the ECA,
the Order that incorporates the ECA,
§ 180.132 Thiram; tolerances for residues.
and this action is April 4, 2014.
(a) * * *
ADDRESSES: The docket for this action,
identified by docket identification (ID)
Parts
Expiration/
number EPA–HQ–OPPT–2012–0209, is
Commodity
per
revocation
million
date
available at http://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
*
*
*
*
*
Environmental Protection Agency
1 ...............
Banana
* * *
3/31/15 Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington,
*
*
*
*
*
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
1 No U.S. registrations as of September 23,
through Friday, excluding legal
2009.
holidays. The telephone number for the
*
*
*
*
*
Public Reading Room is (202) 566–1744,
[FR Doc. 2014–07556 Filed 4–3–14; 8:45 am]
and the telephone number for the OPPT
BILLING CODE 6560–50–P
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available
ENVIRONMENTAL PROTECTION
at http://www.epa.gov/dockets.
AGENCY
FOR FURTHER INFORMATION CONTACT: For
information on the ECA, contact: Mark
40 CFR Part 799
Seltzer, Chemical Control Division
[EPA–HQ–OPPT–2012–0209; FRL–9907–36]
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Final Enforceable Consent Agreement
Agency, 1200 Pennsylvania Ave. NW.,
and Testing Consent Order for
Washington, DC 20460–0001; telephone
Octamethylcyclotetrasiloxane (D4);
number: (202) 564–2901; email address:
Export Notification
seltzer.mark@epa.gov.
For general information contact: The
AGENCY: Environmental Protection
TSCA-Hotline, ABVI-Goodwill, 422
Agency (EPA).
South Clinton Ave., Rochester, NY
ACTION: Final rule; enforceable consent
14620; telephone number: (202) 554–
agreement and testing consent order.
1404; email address: TSCAHotline@epa.gov.
SUMMARY: Under the Toxic Substances
Control Act (TSCA), EPA has issued a
SUPPLEMENTARY INFORMATION:
testing consent order (Order) that
I. Does this action apply to me?
incorporates an enforceable consent
agreement (ECA) with Dow Corning
This action is directed to the public
Corporation, Evonik Corporation,
in general. The requirements in the ECA
Momentive Performance Materials USA and the Order that incorporates the ECA
Inc., Shin-Etsu Silicones of America,
only apply to those companies that are
Inc., and Wacker Chemical Corporation
specifically named in the ECA. As of
(the Companies). The Companies have
April 4, 2014 any person who exports or
agreed to certain environmental testing
intends to export any chemical that is
that will be used by EPA to characterize the subject of the ECA and the Order
sources and pathways of release of
that incorporates the ECA is subject to
octamethylcyclotetrasiloxane (D4) to the the export notification requirements of
VerDate Mar<15>2010
16:26 Apr 03, 2014
Jkt 232001
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
TSCA section 12(b) (see 40 CFR part
707, subpart D, and Unit IV.B.).
Although other types of entities could
also be affected, most chemical
manufacturers are usually identified
under North American Industrial
Classification System (NAICS) code 325
(Chemical manufacturing).
II. Background
A. What is
Octamethylcyclotetrasiloxane (D4)?
D4 is used as an intermediate for
silicone copolymers and other
chemicals. D4 is also used in industrial
processing applications as a solvent
(which becomes part of a product
formulation or mixture), finishing agent,
and an adhesive and sealant chemical
(Ref. 1). It is also used for both
consumer and commercial purposes in
paints and coatings, and plastic and
rubber products (Ref. 1) and has
consumer uses in polishes, sanitation,
soaps, detergents, adhesives, and
sealants (Ref. 2).
B. Why does EPA need environmental
effects data on D4?
D4 persists in sediment and
bioaccumulates in aquatic species. Data
show D4 to be toxic to aquatic and
sediment-dwelling species. EPA has
concerns regarding the environmental
effects of D4. Environmental testing will
help develop a better understanding of
the potential effects of this chemical in
the environment.
III. ECA Development and Conclusion
A. How is EPA going to obtain
environmental testing on D4?
EPA initiated steps and agreed to
enter into this ECA with the Companies.
On February 26, 2014, EPA received the
ECA signed by the Companies, and on
March 28, 2014, EPA signed the ECA
and the Order that incorporates the
ECA. The effective date of the ECA and
the Order that incorporates the ECA is
April 4, 2014.
EPA uses ECAs to accomplish testing
of chemicals for public health and
environmental effects where a
consensus exists concerning the need
for and scope of testing (40 CFR
790.1(c)). The procedures for ECA
negotiations and the factors for
determining whether a consensus exists
are described at 40 CFR 790.22.
B. What is the subject of the ECA and
order incorporating the ECA?
As specified in the ECA, the purpose
of the testing program is to conduct
environmental testing to help in
characterizing sources and pathways of
release of D4 to the environment and
E:\FR\FM\04APR1.SGM
04APR1
Federal Register / Vol. 79, No. 65 / Friday, April 4, 2014 / Rules and Regulations
resulting exposures of aquatic and
sediment dwelling organisms to D4.
The signatory companies shall submit
a draft Study Plan and Quality
Assurance Project Plan (QAPP) to carry
out the environmental testing program
set forth in Section VII. and Appendices
1–8 of the ECA. EPA will review of the
signatory companies’ draft submissions
and, if consistent with Section IX.A. of
the ECA, shall approve the submissions.
The signatory companies shall conduct
environmental testing in accordance
with the Final Study Plan and Final
QAPP approved by EPA. Following
completion of environmental testing,
the signatory companies shall submit a
final report to EPA.
C. What testing does the ECA for D4
require?
The ECA requires testing for the
presence of D4 around specified
wastewater treatment plants (WWTP) at
the method detection limits specified in
the test standards described in
Appendices 4–8 of the ECA.
Environmental testing will be
conducted at direct discharge sites
WWTPs (Appendix 1 of the ECA). Direct
discharge sites are D4 manufacturing
and/or processing sites that discharge
process wastewater into the
environment after on-site wastewater
treatment. The concentration of D4 in
the WWTP effluent (Appendix 4 of the
ECA), and surface water (Appendix 5 of
the ECA), sediment (Appendix 7 of the
ECA), and biota (benthic organisms and
two species of fish as noted in
Appendix 8 of the ECA) in the WWTP
receiving stream will be measured.
Environmental testing will be
conducted at WWTPs serving indirect
discharge sites (Appendix 2 of the ECA).
Indirect discharge sites are D4
processing sites (including product
formulation sites) that discharge process
wastewater to offsite WWTPs. The
concentration of D4 in the WWTP
influent (Appendix 4 of the ECA),
effluent (Appendix 4 of the ECA), and
biosolids (Appendix 6 of the ECA),
18823
along with surface water (Appendix 5 of
the ECA), sediment (Appendix 7 of the
ECA), and biota (benthic organisms and
two species of fish as noted in
Appendix 8 of the ECA) in the WWTP
receiving stream will be measured.
Primarily non-industrial WWTPs
receive less than 15% of wastewater
from industrial facilities and, preferably,
no wastewater from D4 manufacturing
or processing (including product
formulation) sites (Appendix 3 of the
ECA). Environmental testing will be
conducted at WWTPs serving primarily
non-industrial wastewater treatment
sites. The concentration of D4 in the
WWTP influent (Appendix 4 of the
ECA) and effluent (Appendix 4 of the
ECA), and biosolids (Appendix 6 of the
ECA), along with surface water
(Appendix 5 of the ECA), sediment
(Appendix 7 of the ECA), and biota
(benthic organisms and two species of
fish as noted in Appendix 8 of the ECA)
in the WWTP receiving stream will be
measured.
TABLE 1—REQUIRED TESTING, TEST STANDARDS, REPORTING REQUIREMENTS: PHASES OF THE TESTING PROGRAM FOR
D4
Event
Phase
Enforceable consent agreement (ECA) section and terms
1 .............
2 .............
6 .............
Effective date ..............................
Submission of Study Plan to
EPA.
Submission of Quality Assurance Project Plan (QAPP) to
EPA.
Study Plan/QAPP Approval ........
7 .............
Start of testing ............................
10 ...........
12 ...........
End of testing .............................
Environmental Monitoring Report
XXII. Date of Federal Register document publication .............................................
IX.A. No more than 120 days after effective date and at least 45 days prior to
testing initiation.
IX.A. No more than 180 days after effective date and at least 45 days prior to
testing initiation (EPA Requirements for Quality Assurance Project Plans (QA/
R5)) (Ref. 3).
IX.A. Study plan/QAPP approval at same time, within 60 days of receipt of QAPP
by EPA.
IX.B. Testing start no more than 60 days after study plan/QAPP approval; specific
tests to be conducted at each site type as described in Unit III.C.
IX.B. Testing completed within 360 days of testing start ..........................................
IX.D. Final report no later than 150 days following completion of testing ................
3 .............
1 Number
0
120
180
240
300
660
810
of days, starting with the day following the completion of the previous ECA phase.
D. What are the uses for the test data to
be developed under the ECA?
TKELLEY on DSK3SPTVN1PROD with RULES
Deadline
(days)1
The final report is intended to be
released to the public, as described at
Section IX.D. of the ECA. These data
will be used to develop D4
environmental exposure and risk
assessments. In addition, the data could
be used by other Federal agencies (e.g.,
the Agency for Toxic Substances and
Disease Registry (ATSDR), the
Consumer Product Safety Commission
(CPSC), and the Food and Drug
Administration (FDA)) in assessing
chemical risks and in taking appropriate
actions within their programs.
VerDate Mar<15>2010
16:26 Apr 03, 2014
Jkt 232001
IV. Other Impacts of the ECA
A. What if EPA should require
additional environmental testing on D4?
If EPA decides in the future that it
requires additional environmental
testing data, the Agency has authority to
re-open the testing consent order
process according to 40 CFR 790.68.
B. How does the order affect TSCA
export notification?
As of the effective date of the ECA
and the Order that incorporates the ECA
under TSCA section 4 (i.e., the date of
publication of this document in the
Federal Register) any of the Companies,
as well as any other person, who exports
or intends to export any D4 that is the
subject of this ECA and Order that
incorporates the ECA, in any form, are
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
subject to the export notification
requirements of TSCA section 12(b).
Procedures related to export notification
are described in 40 CFR part 707,
subpart D. EPA maintains lists of all
chemical substances and mixtures with
CAS numbers (40 CFR 799.5000) that
are subject to testing consent orders.
This document revises the listing for D4,
CAS. No. 556–67–2, that is the subject
of this ECA and Order that incorporates
the ECA in the list at 40 CFR 799.5000.
Section 553(b)(3)(B) of the
Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an
agency for good cause finds that public
notice and comment procedures are
impracticable, unnecessary, or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
E:\FR\FM\04APR1.SGM
04APR1
18824
Federal Register / Vol. 79, No. 65 / Friday, April 4, 2014 / Rules and Regulations
EPA has determined that there is good
cause for adding this chemical to the list
at 40 CFR 799.5000 without prior
proposal and opportunity for comment
because such notice and opportunity for
comment is unnecessary since the
export notification requirements are
imposed by statute. Section 12(b) of
TSCA requires any person who exports
or intends to export to a foreign country
a chemical substance or mixture for
which the submission of data is
required under TSCA section 4 to
submit a notification of the export or
intended export to EPA. TSCA section
12(b) operates regardless of whether this
chemical is added to the list at 40 CFR
799.5000; the inclusion of this chemical
in the list promotes awareness of that
operation of statutory law. Therefore,
EPA has determined that notice and an
opportunity for comment on whether
this chemical is added to the list at 40
CFR 799.5000 is unnecessary because
the export notification requirements in
TSCA section 12(b) would apply even if
this chemical is not added to 40 CFR
799.5000.
TKELLEY on DSK3SPTVN1PROD with RULES
C. What are the economic implications
of the ECA?
Based on the economic analysis
conducted for the ECA, the Agency
expects the cost of the testing to be
performed under this ECA to range from
$1,000,000 to $1,200,000. The estimated
total cost for industry to conduct the
required testing under the ECA is
$1,200,000, which is the upper end of
the estimated cost range. EPA
anticipates that the costs for testing
under this ECA will have a low
potential for adverse economic impact
on the regulated community because the
costs for testing will be shared across
five companies that are signatories to
the ECA and the Order that incorporates
the ECA.
Export regulations promulgated
pursuant to TSCA section 12(b)—40
CFR part 707, subpart D—require only
a one-time notification to each foreign
country of export for each chemical for
which data are required to be developed
under TSCA section 4. EPA prepared
estimates of the cost and burden of the
July 27, 1993, amendment to the rules
implementing TSCA section 12(b) and
included these in the Information
Collection Request to support the rule
most recently updated in 2012 (Ref. 4).
EPA estimates that the average cost of
preparing and submitting the TSCA
section 12(b) notification for a submitter
of any TSCA section12(b) notification is
$79 when adjusted for inflation to 2012
dollars with an associated average
burden of 1.3 hours (Ref. 5).
VerDate Mar<15>2010
16:26 Apr 03, 2014
Jkt 232001
V. References
As indicated under ADDRESSES, a
docket has been established for this
final rule under docket ID number EPA–
HQ–OPPT–2012–0209. The following is
a listing of the documents that are
specifically referenced in this action.
The docket includes these documents
and other information considered by
EPA, including documents that are
referenced within the documents that
are included in the docket, even if the
referenced document is not physically
located in the docket. For assistance in
locating these other documents, please
consult the technical person listed
under FOR FURTHER INFORMATION
CONTACT.
1. EPA. Chemical Data Reporting Database.
2012.
2. EPA. Inventory Update Reporting
Database. 2006.
3. EPA. EPA Requirements for Quality
Assurance Project Plans (QA/R5).
4. EPA. Export Notification Requirement;
Change to Reporting Requirements; Final
Rule. Federal Register (58 FR 40238, July 27,
1993.)
5. EPA. Estimates of Burden and Costs for
the Siloxanes Enforceable Consent
Agreement. 2014.
6. EPA. EPA ICR No.: 0795.14 Information
Collection Request for Notification of
Chemical Exports—TSCA Section 12(b)
Supporting Statement for Request for OMB
Review under the Paperwork Reduction Act,
OMB Control Number 2070–0030. 2012.
VI. Statutory and Executive Order
Reviews
A. Executive Order 12866
This action announces an Order that
incorporates an ECA between EPA and
the Companies. Under Executive Order
12866, entitled ‘‘Regulatory Planning
and Review’’ (58 FR 51735, October 4,
1993), this action is not a ‘‘regulatory
action’’ subject to review by the Office
of Management and Budget (OMB).
B. Paperwork Reduction Act (PRA)
According to PRA (44 U.S.C. 3501 et
seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to, an information collection
request unless it displays a currently
valid control number assigned by OMB.
The OMB control numbers for the EPA’s
regulations in title 40 of the CFR are
listed in 40 CFR part 9.
The information collection
requirements related to the Order that
incorporates the ECA have already been
approved by OMB pursuant to PRA
under OMB control number 2070–0033
(EPA ICR No. 1139.09). The one-time
public burden for this collection of
information is estimated to be
approximately 200 hours per response
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
(i.e., per company), or 1,000 hours total
burden for the companies (Ref. 5).
Under PRA, ‘‘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.
For this collection, it includes the time
needed to review instructions; complete
and review the collection of
information; and transmit or otherwise
disclose the information.
The information collection
requirements related to export
notification requirements under TSCA
section 12(b), including those related to
the ECA and the Order that incorporates
the ECA, have already been approved by
OMB pursuant to PRA under OMB
control number 2070–0030 (EPA ICR
No. 0795). The public reporting burden
for this information collection is
estimated to be 1.3 hours per response
(Ref. 6).
C. Regulatory Flexibility Act (RFA)
Since the issuance of the ECA and the
Order that incorporates the ECA, as well
as the applicability of the export
notification requirements of TSCA
section 12(b) to chemicals addressed in
the ECA and the Order that incorporates
the ECA, do not require the issuance of
a proposed rule, the requirements of
RFA (5 U.S.C. 601 et seq.) do not apply.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not impose any
enforceable duty or contain any
unfunded mandate as described under
Title II of UMRA (2 U.S.C. 1501 et seq.).
Therefore, this action is not subject to
the requirements of UMRA.
E. Executive Order 13132 and 13175
This action is not expected to impact
State or Tribal governments because
these governments are not expected to
export the chemicals covered by the
ECA or the Order that incorporates the
ECA. As such, 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). Nor will this action have Tribal
implications because it does not
significantly or uniquely affect the
communities of Indian Tribal
governments, or involve or impose any
requirements that affect Indian Tribes.
Accordingly, the requirements of
Executive Order 13175, entitled
E:\FR\FM\04APR1.SGM
04APR1
18825
Federal Register / Vol. 79, No. 65 / Friday, April 4, 2014 / Rules and Regulations
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), do not apply.
F. Executive Order 13045
Executive Order 13045, entitled
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
does not apply to this action because
this action is not designated as an
‘‘economically significant’’ regulatory
action as defined by Executive Order
12866 (see Unit VI.A.), nor does this
action establish an environmental
standard that is intended to have a
disproportionate effect on children. To
the contrary, this action will provide
data and information that EPA and
others can use to assess the risks of
these chemicals, including potential
risks to sensitive subpopulations.
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 (e.g., 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.
The testing conducted under the ECA
involves technical standards. The
Agency conducted a search to identify
potentially applicable voluntary
consensus standards. No such standard
was identified for environmental testing
of D4 that is the subject of the ECA.
G. Executive Order 13211
This action 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), because this action is not
expected to affect energy supply,
distribution, or use.
I. Executive Order 12898
This action does not entail special
considerations of environmental justice
related issues as delineated by
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
H. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of NTTAA (15 U.S.C.
272 note) directs EPA to use voluntary
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), 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 in 40 CFR Part 799
Environmental protection, Chemicals,
D4, Exports, Hazardous substances,
Health and safety, Laboratories,
Octamethylcyclotetrasiloxane,
Reporting and recordkeeping
requirements, Siloxane.
Dated: March 28, 2014.
James Jones,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
Therefore, 40 CFR chapter I is
amended as follows:
PART 799—[AMENDED]
1. The authority citation for part 799
continues to read as follows:
■
Authority: 15 U.S.C. 2603, 2611, 2625.
2. In § 799.5000, revise the entry
‘‘CAS Number 556–67–2’’ to read as
follows:
■
§ 799.5000 Testing consent orders for
substances and mixtures with Chemical
Abstract Service Registry Numbers.
*
*
CAS No.
Substance or mixture name
*
*
Octamethylcyclotetrasiloxane (D4) ...............................
*
*
Chemical fate ...................................
Environmental effects ......................
Environmental testing ......................
*
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2013–0002; [Internal
Agency Docket No. FEMA–8327]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
VerDate Mar<15>2010
16:26 Apr 03, 2014
*
Jkt 232001
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
PO 00000
Frm 00061
Fmt 4700
Sfmt 4700
*
FR publication date
*
January 10, 1989.
January 10, 1989.
April 4, 2014.
*
SUMMARY:
[FR Doc. 2014–07557 Filed 4–3–14; 8:45 am]
TKELLEY on DSK3SPTVN1PROD with RULES
*
Testing
*
556–67–2
*
*
*
*
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at http://
www.fema.gov/fema/csb.shtm.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
E:\FR\FM\04APR1.SGM
04APR1
Agencies
[Federal Register Volume 79, Number 65 (Friday, April 4, 2014)]
[Rules and Regulations]
[Pages 18822-18825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07557]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 799
[EPA-HQ-OPPT-2012-0209; FRL-9907-36]
Final Enforceable Consent Agreement and Testing Consent Order for
Octamethylcyclotetrasiloxane (D4); Export Notification
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; enforceable consent agreement and testing consent
order.
-----------------------------------------------------------------------
SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA has issued
a testing consent order (Order) that incorporates an enforceable
consent agreement (ECA) with Dow Corning Corporation, Evonik
Corporation, Momentive Performance Materials USA Inc., Shin-Etsu
Silicones of America, Inc., and Wacker Chemical Corporation (the
Companies). The Companies have agreed to certain environmental testing
that will be used by EPA to characterize sources and pathways of
release of octamethylcyclotetrasiloxane (D4) to the environment and
resulting exposures of aquatic and sediment dwelling organisms to D4,
contributing to the Agency's efforts to understand potential
environmental effects of D4. This document revises the listing for D4
in the table of testing consent orders for substances and mixtures with
Chemical Abstract Service (CAS) Registry Numbers. This document
announces the ECA and the Order that incorporates the ECA for this
testing, and summarizes the terms of the ECA. As a result of this
action, exporters of D4, CAS No. 556-67-2, including persons who do not
sign the ECA, are subject to TSCA export notification requirements.
DATES: The effective date of the ECA, the Order that incorporates the
ECA, and this action is April 4, 2014.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2012-0209, is available at
http://www.regulations.gov or at the Office of Pollution Prevention and
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 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 OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For information on the ECA, contact:
Mark Seltzer, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-2901; email address: seltzer.mark@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
This action is directed to the public in general. The requirements
in the ECA and the Order that incorporates the ECA only apply to those
companies that are specifically named in the ECA. As of April 4, 2014
any person who exports or intends to export any chemical that is the
subject of the ECA and the Order that incorporates the ECA is subject
to the export notification requirements of TSCA section 12(b) (see 40
CFR part 707, subpart D, and Unit IV.B.). Although other types of
entities could also be affected, most chemical manufacturers are
usually identified under North American Industrial Classification
System (NAICS) code 325 (Chemical manufacturing).
II. Background
A. What is Octamethylcyclotetrasiloxane (D4)?
D4 is used as an intermediate for silicone copolymers and other
chemicals. D4 is also used in industrial processing applications as a
solvent (which becomes part of a product formulation or mixture),
finishing agent, and an adhesive and sealant chemical (Ref. 1). It is
also used for both consumer and commercial purposes in paints and
coatings, and plastic and rubber products (Ref. 1) and has consumer
uses in polishes, sanitation, soaps, detergents, adhesives, and
sealants (Ref. 2).
B. Why does EPA need environmental effects data on D4?
D4 persists in sediment and bioaccumulates in aquatic species. Data
show D4 to be toxic to aquatic and sediment-dwelling species. EPA has
concerns regarding the environmental effects of D4. Environmental
testing will help develop a better understanding of the potential
effects of this chemical in the environment.
III. ECA Development and Conclusion
A. How is EPA going to obtain environmental testing on D4?
EPA initiated steps and agreed to enter into this ECA with the
Companies. On February 26, 2014, EPA received the ECA signed by the
Companies, and on March 28, 2014, EPA signed the ECA and the Order that
incorporates the ECA. The effective date of the ECA and the Order that
incorporates the ECA is April 4, 2014.
EPA uses ECAs to accomplish testing of chemicals for public health
and environmental effects where a consensus exists concerning the need
for and scope of testing (40 CFR 790.1(c)). The procedures for ECA
negotiations and the factors for determining whether a consensus exists
are described at 40 CFR 790.22.
B. What is the subject of the ECA and order incorporating the ECA?
As specified in the ECA, the purpose of the testing program is to
conduct environmental testing to help in characterizing sources and
pathways of release of D4 to the environment and
[[Page 18823]]
resulting exposures of aquatic and sediment dwelling organisms to D4.
The signatory companies shall submit a draft Study Plan and Quality
Assurance Project Plan (QAPP) to carry out the environmental testing
program set forth in Section VII. and Appendices 1-8 of the ECA. EPA
will review of the signatory companies' draft submissions and, if
consistent with Section IX.A. of the ECA, shall approve the
submissions. The signatory companies shall conduct environmental
testing in accordance with the Final Study Plan and Final QAPP approved
by EPA. Following completion of environmental testing, the signatory
companies shall submit a final report to EPA.
C. What testing does the ECA for D4 require?
The ECA requires testing for the presence of D4 around specified
wastewater treatment plants (WWTP) at the method detection limits
specified in the test standards described in Appendices 4-8 of the ECA.
Environmental testing will be conducted at direct discharge sites
WWTPs (Appendix 1 of the ECA). Direct discharge sites are D4
manufacturing and/or processing sites that discharge process wastewater
into the environment after on-site wastewater treatment. The
concentration of D4 in the WWTP effluent (Appendix 4 of the ECA), and
surface water (Appendix 5 of the ECA), sediment (Appendix 7 of the
ECA), and biota (benthic organisms and two species of fish as noted in
Appendix 8 of the ECA) in the WWTP receiving stream will be measured.
Environmental testing will be conducted at WWTPs serving indirect
discharge sites (Appendix 2 of the ECA). Indirect discharge sites are
D4 processing sites (including product formulation sites) that
discharge process wastewater to offsite WWTPs. The concentration of D4
in the WWTP influent (Appendix 4 of the ECA), effluent (Appendix 4 of
the ECA), and biosolids (Appendix 6 of the ECA), along with surface
water (Appendix 5 of the ECA), sediment (Appendix 7 of the ECA), and
biota (benthic organisms and two species of fish as noted in Appendix 8
of the ECA) in the WWTP receiving stream will be measured.
Primarily non-industrial WWTPs receive less than 15% of wastewater
from industrial facilities and, preferably, no wastewater from D4
manufacturing or processing (including product formulation) sites
(Appendix 3 of the ECA). Environmental testing will be conducted at
WWTPs serving primarily non-industrial wastewater treatment sites. The
concentration of D4 in the WWTP influent (Appendix 4 of the ECA) and
effluent (Appendix 4 of the ECA), and biosolids (Appendix 6 of the
ECA), along with surface water (Appendix 5 of the ECA), sediment
(Appendix 7 of the ECA), and biota (benthic organisms and two species
of fish as noted in Appendix 8 of the ECA) in the WWTP receiving stream
will be measured.
Table 1--Required Testing, Test Standards, Reporting Requirements:
Phases of the Testing Program for D4
------------------------------------------------------------------------
Enforceable consent
Event Phase agreement (ECA) section Deadline
and terms (days)\1\
------------------------------------------------------------------------
1............ Effective date.. XXII. Date of Federal 0
Register document
publication.
2............ Submission of IX.A. No more than 120 120
Study Plan to days after effective date
EPA. and at least 45 days
prior to testing
initiation.
3............ Submission of IX.A. No more than 180 180
Quality days after effective date
Assurance and at least 45 days
Project Plan prior to testing
(QAPP) to EPA. initiation (EPA
Requirements for Quality
Assurance Project Plans
(QA/R5)) (Ref. 3).
6............ Study Plan/QAPP IX.A. Study plan/QAPP 240
Approval. approval at same time,
within 60 days of receipt
of QAPP by EPA.
7............ Start of testing IX.B. Testing start no 300
more than 60 days after
study plan/QAPP approval;
specific tests to be
conducted at each site
type as described in Unit
III.C.
10........... End of testing.. IX.B. Testing completed 660
within 360 days of
testing start.
12........... Environmental IX.D. Final report no 810
Monitoring later than 150 days
Report. following completion of
testing.
------------------------------------------------------------------------
\1\ Number of days, starting with the day following the completion of
the previous ECA phase.
D. What are the uses for the test data to be developed under the ECA?
The final report is intended to be released to the public, as
described at Section IX.D. of the ECA. These data will be used to
develop D4 environmental exposure and risk assessments. In addition,
the data could be used by other Federal agencies (e.g., the Agency for
Toxic Substances and Disease Registry (ATSDR), the Consumer Product
Safety Commission (CPSC), and the Food and Drug Administration (FDA))
in assessing chemical risks and in taking appropriate actions within
their programs.
IV. Other Impacts of the ECA
A. What if EPA should require additional environmental testing on D4?
If EPA decides in the future that it requires additional
environmental testing data, the Agency has authority to re-open the
testing consent order process according to 40 CFR 790.68.
B. How does the order affect TSCA export notification?
As of the effective date of the ECA and the Order that incorporates
the ECA under TSCA section 4 (i.e., the date of publication of this
document in the Federal Register) any of the Companies, as well as any
other person, who exports or intends to export any D4 that is the
subject of this ECA and Order that incorporates the ECA, in any form,
are subject to the export notification requirements of TSCA section
12(b). Procedures related to export notification are described in 40
CFR part 707, subpart D. EPA maintains lists of all chemical substances
and mixtures with CAS numbers (40 CFR 799.5000) that are subject to
testing consent orders. This document revises the listing for D4, CAS.
No. 556-67-2, that is the subject of this ECA and Order that
incorporates the ECA in the list at 40 CFR 799.5000.
Section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
public notice and comment procedures are impracticable, unnecessary, or
contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment.
[[Page 18824]]
EPA has determined that there is good cause for adding this chemical to
the list at 40 CFR 799.5000 without prior proposal and opportunity for
comment because such notice and opportunity for comment is unnecessary
since the export notification requirements are imposed by statute.
Section 12(b) of TSCA requires any person who exports or intends to
export to a foreign country a chemical substance or mixture for which
the submission of data is required under TSCA section 4 to submit a
notification of the export or intended export to EPA. TSCA section
12(b) operates regardless of whether this chemical is added to the list
at 40 CFR 799.5000; the inclusion of this chemical in the list promotes
awareness of that operation of statutory law. Therefore, EPA has
determined that notice and an opportunity for comment on whether this
chemical is added to the list at 40 CFR 799.5000 is unnecessary because
the export notification requirements in TSCA section 12(b) would apply
even if this chemical is not added to 40 CFR 799.5000.
C. What are the economic implications of the ECA?
Based on the economic analysis conducted for the ECA, the Agency
expects the cost of the testing to be performed under this ECA to range
from $1,000,000 to $1,200,000. The estimated total cost for industry to
conduct the required testing under the ECA is $1,200,000, which is the
upper end of the estimated cost range. EPA anticipates that the costs
for testing under this ECA will have a low potential for adverse
economic impact on the regulated community because the costs for
testing will be shared across five companies that are signatories to
the ECA and the Order that incorporates the ECA.
Export regulations promulgated pursuant to TSCA section 12(b)--40
CFR part 707, subpart D--require only a one-time notification to each
foreign country of export for each chemical for which data are required
to be developed under TSCA section 4. EPA prepared estimates of the
cost and burden of the July 27, 1993, amendment to the rules
implementing TSCA section 12(b) and included these in the Information
Collection Request to support the rule most recently updated in 2012
(Ref. 4). EPA estimates that the average cost of preparing and
submitting the TSCA section 12(b) notification for a submitter of any
TSCA section12(b) notification is $79 when adjusted for inflation to
2012 dollars with an associated average burden of 1.3 hours (Ref. 5).
V. References
As indicated under ADDRESSES, a docket has been established for
this final rule under docket ID number EPA-HQ-OPPT-2012-0209. The
following is a listing of the documents that are specifically
referenced in this action. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.
1. EPA. Chemical Data Reporting Database. 2012.
2. EPA. Inventory Update Reporting Database. 2006.
3. EPA. EPA Requirements for Quality Assurance Project Plans
(QA/R5).
4. EPA. Export Notification Requirement; Change to Reporting
Requirements; Final Rule. Federal Register (58 FR 40238, July 27,
1993.)
5. EPA. Estimates of Burden and Costs for the Siloxanes
Enforceable Consent Agreement. 2014.
6. EPA. EPA ICR No.: 0795.14 Information Collection Request for
Notification of Chemical Exports--TSCA Section 12(b) Supporting
Statement for Request for OMB Review under the Paperwork Reduction
Act, OMB Control Number 2070-0030. 2012.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866
This action announces an Order that incorporates an ECA between EPA
and the Companies. Under Executive Order 12866, entitled ``Regulatory
Planning and Review'' (58 FR 51735, October 4, 1993), this action is
not a ``regulatory action'' subject to review by the Office of
Management and Budget (OMB).
B. Paperwork Reduction Act (PRA)
According to PRA (44 U.S.C. 3501 et seq.), an agency may not
conduct or sponsor, and a person is not required to respond to, an
information collection request unless it displays a currently valid
control number assigned by OMB. The OMB control numbers for the EPA's
regulations in title 40 of the CFR are listed in 40 CFR part 9.
The information collection requirements related to the Order that
incorporates the ECA have already been approved by OMB pursuant to PRA
under OMB control number 2070-0033 (EPA ICR No. 1139.09). The one-time
public burden for this collection of information is estimated to be
approximately 200 hours per response (i.e., per company), or 1,000
hours total burden for the companies (Ref. 5). Under PRA, ``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. For this collection, it
includes the time needed to review instructions; complete and review
the collection of information; and transmit or otherwise disclose the
information.
The information collection requirements related to export
notification requirements under TSCA section 12(b), including those
related to the ECA and the Order that incorporates the ECA, have
already been approved by OMB pursuant to PRA under OMB control number
2070-0030 (EPA ICR No. 0795). The public reporting burden for this
information collection is estimated to be 1.3 hours per response (Ref.
6).
C. Regulatory Flexibility Act (RFA)
Since the issuance of the ECA and the Order that incorporates the
ECA, as well as the applicability of the export notification
requirements of TSCA section 12(b) to chemicals addressed in the ECA
and the Order that incorporates the ECA, do not require the issuance of
a proposed rule, the requirements of RFA (5 U.S.C. 601 et seq.) do not
apply.
D. Unfunded Mandates Reform Act (UMRA)
This action does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of UMRA (2 U.S.C. 1501 et
seq.). Therefore, this action is not subject to the requirements of
UMRA.
E. Executive Order 13132 and 13175
This action is not expected to impact State or Tribal governments
because these governments are not expected to export the chemicals
covered by the ECA or the Order that incorporates the ECA. As such, 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). Nor will this action have Tribal implications because it
does not significantly or uniquely affect the communities of Indian
Tribal governments, or involve or impose any requirements that affect
Indian Tribes. Accordingly, the requirements of Executive Order 13175,
entitled
[[Page 18825]]
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000), do not apply.
F. Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), does not apply to this action because this action is not
designated as an ``economically significant'' regulatory action as
defined by Executive Order 12866 (see Unit VI.A.), nor does this action
establish an environmental standard that is intended to have a
disproportionate effect on children. To the contrary, this action will
provide data and information that EPA and others can use to assess the
risks of these chemicals, including potential risks to sensitive
subpopulations.
G. Executive Order 13211
This action 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), because
this action is not expected to affect energy supply, distribution, or
use.
H. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of NTTAA (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 (e.g., 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.
The testing conducted under the ECA involves technical standards.
The Agency conducted a search to identify potentially applicable
voluntary consensus standards. No such standard was identified for
environmental testing of D4 that is the subject of the ECA.
I. Executive Order 12898
This action does not entail special considerations of environmental
justice related issues as delineated by Executive Order 12898, entitled
``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
VII. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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 in 40 CFR Part 799
Environmental protection, Chemicals, D4, Exports, Hazardous
substances, Health and safety, Laboratories,
Octamethylcyclotetrasiloxane, Reporting and recordkeeping requirements,
Siloxane.
Dated: March 28, 2014.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, 40 CFR chapter I is amended as follows:
PART 799--[AMENDED]
0
1. The authority citation for part 799 continues to read as follows:
Authority: 15 U.S.C. 2603, 2611, 2625.
0
2. In Sec. 799.5000, revise the entry ``CAS Number 556-67-2'' to read
as follows:
Sec. 799.5000 Testing consent orders for substances and mixtures with
Chemical Abstract Service Registry Numbers.
* * * * *
------------------------------------------------------------------------
Substance or FR publication
CAS No. mixture name Testing date
------------------------------------------------------------------------
* * * * * * *
556-67-2....... Octamethylcyclote Chemical fate.... January 10, 1989.
trasiloxane (D4). Environmental January 10, 1989.
effects. April 4, 2014.
Environmental
testing.
* * * * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-07557 Filed 4-3-14; 8:45 am]
BILLING CODE 6560-50-P