Addition of Diisononyl Phthalate Category; Community Right-to-Know Toxic Chemical Release Reporting; Correction, 35748-35754 [2024-09428]

Download as PDF 35748 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations the Tribal reserved right in adopting or revising designated uses pursuant to § 131.10; (2) Take into consideration the anticipated future exercise of the Tribal reserved right unsuppressed by water quality in establishing relevant water quality standards; and (3) Establish water quality criteria, consistent with § 131.11, to protect the Tribal reserved right where the State has adopted designated uses that either expressly incorporate protection of or encompass the right. This requirement includes developing criteria to protect right holders using at least the same risk level (e.g., cancer risk level, hazard quotient, or illness rate) as the State would otherwise use to develop criteria to protect the State’s general population, paired with exposure inputs (e.g., fish consumption rate) representative of right holders exercising their reserved right. (b) States and right holders may request EPA assistance with evaluating Tribal reserved rights. EPA will provide such assistance to the extent practicable. In providing assistance to States as they adopt and revise water quality standards consistent with paragraph (a) of this section, EPA will engage with right holders. (c) In reviewing State water quality standards submissions under this section, EPA will initiate the Tribal consultation process with the right holders that have asserted their rights for consideration in establishment of water quality standards, consistent with applicable EPA Tribal consultation policies, in determining whether State water quality standards are consistent with paragraph (a) of this section. Subpart C—Procedures for Review and Revision of Water Quality Standards 6. Amend § 131.20 by revising paragraph (a) to read as follows: ■ khammond on DSKJM1Z7X2PROD with RULES § 131.20 State review and revision of water quality standards. (a) State review. The State shall from time to time, but at least once every 3 years, hold public hearings for the purpose of reviewing applicable water quality standards adopted pursuant to §§ 131.9 through 131.15 and Federally promulgated water quality standards and, as appropriate, modifying and adopting standards. This review shall include evaluating whether there is any new information available about Tribal reserved rights applicable to State waters that needs to be considered to establish water quality standards consistent with § 131.9. The State shall also re-examine any waterbody segment VerDate Sep<11>2014 16:20 May 01, 2024 Jkt 262001 with water quality standards that do not include the uses specified in section 101(a)(2) of the Act every 3 years to determine if any new information has become available. If such new information indicates that the uses specified in section 101(a)(2) of the Act are attainable, the State shall revise its standards accordingly. Procedures States establish for identifying and reviewing water bodies for review should be incorporated into their Continuing Planning Process. In addition, if a State does not adopt new or revised criteria for parameters for which EPA has published new or updated CWA section 304(a) criteria recommendations, then the State shall provide an explanation when it submits the results of its triennial review to the Regional Administrator consistent with CWA section 303(c)(1) and the requirements of paragraph (c) of this section. * * * * * [FR Doc. 2024–09427 Filed 5–1–24; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 372 [EPA–HQ–TRI–2022–0262; FRL–2425.1–05– OCSPP] RIN 2025–AA17 Addition of Diisononyl Phthalate Category; Community Right-to-Know Toxic Chemical Release Reporting; Correction Environmental Protection Agency (EPA). ACTION: Correcting amendment. AGENCY: The Environmental Protection Agency (EPA or the Agency) is correcting a final rule that appeared in the Federal Register on July 14, 2023, which added a diisononyl phthalates (DINP) category to the list of toxic chemicals subject to the reporting requirements under the Emergency Planning and Community Right-toKnow Act (EPCRA) and the Pollution Prevention Act (PPA). However, the amendment could not be incorporated into the regulation due to an inaccurate amendatory instruction. This document corrects the amendatory instructions. DATES: Effective on May 2, 2024. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–TRI–2022–0262, is available at https:// www.regulations.gov. Additional instructions on visiting the docket, SUMMARY: PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 along with more information about dockets generally, is available at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For technical information contact: Rachel Dean, Data Collection Branch, Data Gathering, Management, and Policy Division (Mail code: 7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 566–1303; email address: dean.rachel@epa.gov. For general information contact: The Emergency Planning and Community Right-to-Know Information Center; telephone number: (800) 424–9346 or (703) 348–5070 in the Washington, DC Area and International; website: https:// www.epa.gov//hotlines. SUPPLEMENTARY INFORMATION: I. Does this action apply to me? The Agency included in the July 14, 2023, final rule a list of those who may be potentially affected by this action. II. What does this correction do? EPA issued a final rule in the Federal Register on July 14, 2023 (88 FR 45089) (FRL–2425.1–03–OCSPP) which added a diisononyl phthalates (DINP) category to the list of toxic chemicals subject to the reporting requirements under the EPCRA and the PPA. In the final rule’s instructions to amend the Code of Federal Regulations (CFR), EPA intended to add the DINP category alphabetically to the list of TRI chemical categories at 40 CFR 372.65(c). However, the list of TRI chemical categories in the CFR at the time had been incorporated as a static image of a table, which introduced formatting challenges with regard to updating 40 CFR 372.65(c) per the amendatory instructions in the DINP category rule because the Agency did not provide a new static image of the table. This document corrects the formatting in Table 3 to paragraph (c) of 40 CFR 372.65(c) by removing the static image of the table and replacing it with a table consisting of text and images of chemicals structures, as applicable. III. Why is this correction issued as a final rule? Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(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 notice and public E:\FR\FM\02MYR1.SGM 02MYR1 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations procedure are unnecessary because EPA provided a full opportunity for notice and comment before issuing the final rule that published in the Federal Register on July 14, 2023, and this correction merely corrects the amendatory instructions to ensure that the rule is correctly codified in the CFR. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B). 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 372 ■ IV. Do any of the statutory and executive order review requirements apply to this action? Environmental protection, Community right-to-know, Reporting and recordkeeping requirements, and Toxic chemicals. § 372.65 Chemicals and chemical categories to which this part applies. No. For a detailed discussion concerning the statutory and executive order review requirements refer to Unit VI. of the final rule issued on July 14, 2023. V. Congressional Review Act (CRA) Pursuant to the CRA (5 U.S.C. 801 et seq.), EPA will submit a report khammond on DSKJM1Z7X2PROD with RULES 35749 VerDate Sep<11>2014 16:20 May 01, 2024 Jkt 262001 Dated: April 24, 2024. Michal Freedhoff Assistant Administrator, Office of Chemical Safety and Pollution Prevention. PART 372—TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW 1. The authority citation for part 372 continues to read as follows: ■ Authority: 42 U.S.C. 11023 and 11048. 2. In § 372.65, amend Table 3 in paragraph (c) to read as follows: * * * Frm 00065 Fmt 4700 Sfmt 4700 * Table 3 to Paragraph (c) BILLING CODE 6560–50–P Therefore, for the reasons set forth in the preamble, EPA is amending 40 CFR part 372 as follows: PO 00000 * (c) * * * E:\FR\FM\02MYR1.SGM 02MYR1 35750 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations Category name Antimony compounds: Includes any unique chemical substance that contains antimony as part of that chemical's infrastructure. Arsenic compounds: Includes any unique chemical substance that contains arsenic as part of that chemical's infrastructure. Barium compounds: Includes any unique chemical substance that contains barium as part of that chemical's infrastructure (except for barium sulfate (CAS No. 7727-43-7)). Beryllium compounds: Includes any unique chemical substance that contains beryllium as part of that chemical's infrastructure. Cadmium compounds: Includes any unique chemical substance that contains cadmium as part of that chemical's infrastructure. Certain glycol ethers R-(OCH2CH2)n-OR' Where: n = 1, 2, or 3; R = alkyl C7 or less; or R = phenyl or alkyl substituted phenyl; R' = H or alkyl C7 or less; or OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate. Chlorophenols OH Effective Date 1/1/1987 1/1/1987 1/1/1987 1/1/1987 1/1/1987 1/1/1995 1/1/1987 QtClx H(S-x) VerDate Sep<11>2014 16:20 May 01, 2024 Jkt 262001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4725 E:\FR\FM\02MYR1.SGM 02MYR1 1/1/1987 1/1/1987 ER02MY24.352</GPH> khammond on DSKJM1Z7X2PROD with RULES Where x = 1 to 5 Chromium compounds: Includes any unique chemical substance that contains chromium as part of that chemical's infrastructure (except for chromite ore mined in the Transvaal Region of South Africa and the unreacted ore component of the chromite ore processing residue (COPR). COPR is the solid waste remaining after aqueous extraction of oxidized chromite ore that has been combined with soda ash and kiln roasted at approximately 2,000 °F). Cobalt compounds: Includes any unique chemical substance that contains cobalt as part of that chemical's infrastructure. Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations Copper compounds: Includes any unique chemical substance that contains copper as part of that chemical's infrastructure (except for C.I. Pigment Blue 15 (PB-15, CAS No. 147-14-8), C.I. Pigment Green 7 (PG-7, CAS No. 1328-53-6), and C.I. Pigment Green 36 (PG-36, CAS No. 14302-13-7)) and except copper phthalocyanine compounds that are substituted with only hydrogen and/or bromine and/or chlorine that meet the following molecular structure definition: R R R R R R R R R R R R R Jkt 262001 PO 00000 Frm 00067 Fmt 4700 Sfmt 4725 E:\FR\FM\02MYR1.SGM 1/1/1987 1/1/1995 02MYR1 ER02MY24.353</GPH> khammond on DSKJM1Z7X2PROD with RULES R Where R =Hand/or Br and/or Cl onl Cyanide compounds: x+cN- where x+ = any group (except H+) where a formal dissociation can be made. For exam le, KCN or Ca CN 2. Diisocyanates (This category includes only those chemicals listed below) 1,3-Bis(methy!isocyanate)cyclohexane 38661-72-2 1,4-Bis(methylisocyanate)cyclohexane 10347-54-3 (1,4-Bis(isocyanatomethyl)cyclohexane) 1,4-Cyclohexane diisocyanate 2556-36-7 134190-37-7 Diethy ldiisocyanato benzene 4,4'-Diisocyanatodiphenyl ether 4128-73-8 75790-87-3 2,4'-Diisocyanatodipheny1 sulfide 91-93-0 3,3 '-Dimethoxybenzidine-4,4' -diisocyanate 91-97-4 3,3'-Dimethyl-4,4'-diphenylene diisocyanate 139-25-3 3,3'-Dimethyldiphenylmethane-4,4'-diisocyanate 822-06-0 Hexamethylene-1,6-diisocyanate 4098-71-9 Isophorone diisocyanate 75790-84-0 4-Methyldiphenylmethane-3 ,4-diisocyanate 5124-30-1 1, 1-Methylene bis(4-isocyanatocyclohexane) 101-68-8 4,4'-Methylenedi(phenyl isocyanate) 3173-72-6 1,5-Naphthalene diisocyanate 123-61-5 1,3-Phenylene diisocyanate 1,4-Phenylene diisocyanate 104-49-4 9016-87-9 Polymeric diphenylmethane diisocyanate 2,2,4-Trimethylhexamethylene diisocyanate 16938-22-0 2,4,4-Trimeth lhexameth lene diisoc anate 15646-96-5 16:20 May 01, 2024 1/1/1987 R R VerDate Sep<11>2014 35751 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations Diisononyl Phthalates (DINP): Includes branched alkyl di-esters of 1,2 benzenedicarboxylic acid in which alkyl ester moieties contain a total of nine carbons. (This category includes but is not limited to the chemicals covered by the CAS numbers and names listed here). 28553-12-0 Diisonony1 phthalate 71549-78-5 Branched dinonyl phthalate 14103-61-8 Bis(3,5,5-trimethylhexyl) phthalate 68515-48-0 Di(C8-10, C9 rich) branched alkyl phthalates 20548-62-3 Bis(7-methyloctyl) phthalate 111983-10-9 Bis(3-ethylheptan-2-yl) benzene-1,2-dicarboxylate Dioxin and dioxin-like compounds (Manufacturing; and the processing or otherwise use of dioxin and dioxin like compounds if the dioxin and dioxin like compounds are present as contaminants in a chemical and if they were created during the manufacturing of that chemical.) (This category includes only those chemicals listed below). 67562-39-4 1,2,3,4,6,7,8-Heptachlorodibenzofuran 55673-89-7 1,2,3,4,7,8,9-Heptachlorodibenzofuran 35822-46-9 1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin 1,2,3,4, 7,8-Hexachlorodibenzo-p-dioxin 39227-28-6 1,2,3,6, 7,8-Hexachlorodibenzo-p-dioxin 57653-85-7 1,2,3,7,8,9-Hexachlorodibenzo-p-dioxin 19408-74-3 70648-26-9 1,2,3,4,7,8-Hexachlorodibenzofuran 57117-44-9 1,2,3,6,7,8-Hexachlorodibenzofuran 72918-21-9 1,2,3,7,8,9-Hexachlorodibenzofuran 60851-34-5 2,3,4,6, 7,8-Hexachlorodibenzofuran 39001-02-0 1,2,3,4,6, 7,8,9-Octachlorodibenzofuran 3268-87-9 1,2,3,4,6, 7,8,9-Octachlorodibenzo-p-dioxin 57117-41-6 1,2,3,7,8-Pentachlorodibenzofuran 57117-31-4 2,3,4,7,8-Pentachlorodibenzofuran 40321-76-4 1,2,3,7 ,8-Pentachlorodibenzo-p-dioxin 51207-31-9 2,3, 7 ,8-Tetrachlorodibenzofuran 1746-01-6 2,3, 7 ,8-Tetrachlorodibenzo-p-dioxin Ethylenebisdithiocarbamic acid, salts and esters. Hexabromocyclododecane (This category includes only those chemicals covered by the CAS numbers listed here) 1,2,5 ,6,9, 10-Hexabromocyclododecane 3194-55-6 25637-99-4 Hexabromocvclododecane Lead compounds: Includes any unique chemical substance that contains lead as part of that chemical's infrastructure. Manganese compounds: Includes any unique chemical substance that contains manganese as part of that chemical's infrastructure. Mercury compounds: Includes any unique chemical substance that contains mercury as part of that chemical's infrastructure. Nickel compounds: Includes any unique chemical substance that contains nickel as part of that chemical's infrastructure. Nicotine and salts. Nitrate compounds (water dissociable; reportable only when in aqueous solution). VerDate Sep<11>2014 16:20 May 01, 2024 Jkt 262001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4725 E:\FR\FM\02MYR1.SGM 02MYR1 1/1/2024 1/1/2000 1/1/1994 1/1/2017 1/1/1987 1/1/1987 1/1/1987 1/1/1987 1/1/1995 1/1/1995 ER02MY24.354</GPH> khammond on DSKJM1Z7X2PROD with RULES 35752 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations Where x = 1 to 10 Polychlorinated alkanes (C1oto C13): Includes those chemicals defined by the following formula: CxH2x-y+2Cly where x = 10 to 13; y = 3 to 12; and where the average chlorine content ranges from 40-70% with the limitin molecular formulas C10H19Cb and C13H16Cl12 VerDate Sep<11>2014 16:20 May 01, 2024 Jkt 262001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4725 E:\FR\FM\02MYR1.SGM 02MYR1 1/1/2015 1/1/2019 1/1/1987 1/1/1995 ER02MY24.355</GPH> khammond on DSKJM1Z7X2PROD with RULES Nonylphenol (This category includes only those chemicals listed below). 104-40-5 4-Nonylphenol (p-Nonylphenol) 11066-49-2 Isononylphenol 25154-52-3 Nonylphenol 26543-97-5 4-Isononylphenol 84852-15-3 4-Nonylphenol, branched (Branched p-nonylphenol) 90481-04-2 Non 1 henol, branched Nonylphenol Ethoxylates (This category includes only those chemicals covered by the CAS numbers listed here). 7311-27-5 Ethanol, 2-[2-[2-[2-(4nonylphenoxy )ethoxy ]ethoxy]ethoxy]9016-45-9 Poly(oxy-1,2-ethanediyl), a-(nonylphenyl)-ro-hydroxy-; (Polyethylene glycol nonylphenyl ether) 20427-84-3 Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]-; (2-[2-( 4-Nonylphenoxy)ethoxy ]ethanol) 26027-38-3 Poly(oxy-1,2-ethanediyl), a-(4-nonylphenyl)-ro-hydroxy-; (p-Nonylphenol polyethylene glycol ether) 26571-11-9 3,6,9,12,15,18,21,24-Octaoxahexacosan-1-ol, 26(nonylphenoxy)27176-93-8 Ethanol, 2-[2-(nonylphenoxy)ethoxy]-; (Diethylene glycol nonylphenol ether) 27177-05-5 3,6,9,12,15,18,21-Heptaoxatricosan-1-ol, 23(nonylphenoxy)27177-08-8 3,6,9,12,15,18,21,24,27-Nonaoxanonacosan-1-ol, 29(nonylphenoxy)27986-36-3 Ethanol, 2-(nonylphenoxy)-; (2-(Nonylphenoxy)ethanol) 37205-87-1 Poly(oxy-1,2-ethanediyl), a-(isononylphenyl)-ro-hydroxy51938-25-1 Poly(oxy-1,2-ethanediyl), a-(2-nonylphenyl)-ro-hydroxy68412-54-4 Poly(oxy-1,2-ethanediyl), a-(nonylphenyl)-ro-hydroxy-, branched; (Polyethylene glycol mono(branched nonylphenyl) ether) 127087-87-0 Poly(oxy-1,2-ethanediyl), a-(4-nonylphenyl)-ro-hydroxy-, branched; (Polyethylene glycol mono(branched pnonylphenyl) ether Polybrominated biphenyls (PBBs) 35753 35754 Federal Register / Vol. 89, No. 86 / Thursday, May 2, 2024 / Rules and Regulations Polycyclic aromatic compounds (PACs): (This category includes only those chemicals listed below). 56-55-3 Benz[a]anthracene 218-01-9 Benzo [a ]phenanthrene (Chrysene) 50-32-8 Benzo [a]pyrene 205-99-2 Benzo[b]fluoranthene 205-82-3 Benzo O]fluoranthene 207-08-9 Benzo[k]fluoranthene 206-44-0 Benzo0,k]fluorene (Fluoranthene) 189-55-9 Benzo[r,s,t]pentaphene (Dibenzo[a,i]pyrene) 226-36-8 Dibenz[a,h]acridine 224-42-0 Dibenz[a,j]acridine 53-70-3 Dibenzo [a,h]anthracene (Dibenz[a,h]anthracene) 5385-75-1 Dibenzo[a,e ]fluoranthene 192-65-4 Dibenzo[a,e ]pyrene 189-64-0 Dibenzo[a,h]pyrene 191-30-0 Dibenzo[a,l]pyrene 194-59-2 7H-Dibenzo[c,g]carbazole 57-97-6 7, 12-Dimethylbenz[a]anthracene 42397-64-8 1,6-Dinitropyrene 42397-65-9 1,8-Dinitropyrene 193-39-5 Indeno [1,2,3-cd]pyrene 56-49-5 3-Methylcholanthrene 3697-24-3 5-Methylchrysene 7496-02-8 6-Nitrochrysene 5522-43-0 1-Nitropyrene 57835-92-4 4-Nitropyrene Selenium compounds: Includes any unique chemical substance that contains selenium as part of that chemical's infrastructure. Silver compounds: Includes any unique chemical substance that contains silver as part of that chemical's infrastructure. Strychnine and salts. Thallium compounds: Includes any unique chemical substance that contains thallium as part of that chemical's infrastructure. Vanadium compounds. Warfarin and salts. Zinc compounds: Includes any unique chemical substance that contains zinc as part of that chemical's infrastructure. * * * * 1/1/1995 1/1/2000 1/1/2011 1/1/2011 1/1/2000 1/1/2011 1/1/2011 1/1/1987 1/1/1987 1/1/1995 1/1/1987 1/1/2000 1/1/1994 1/1/1987 * [FR Doc. 2024–09428 Filed 5–1–24; 8:45 am] VerDate Sep<11>2014 16:20 May 01, 2024 Jkt 262001 PO 00000 Frm 00070 Fmt 4700 Sfmt 4700 E:\FR\FM\02MYR1.SGM 02MYR1 ER02MY24.356</GPH> khammond on DSKJM1Z7X2PROD with RULES BILLING CODE 6560–50–C

Agencies

[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Rules and Regulations]
[Pages 35748-35754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09428]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-TRI-2022-0262; FRL-2425.1-05-OCSPP]
RIN 2025-AA17


Addition of Diisononyl Phthalate Category; Community Right-to-
Know Toxic Chemical Release Reporting; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
correcting a final rule that appeared in the Federal Register on July 
14, 2023, which added a diisononyl phthalates (DINP) category to the 
list of toxic chemicals subject to the reporting requirements under the 
Emergency Planning and Community Right-to-Know Act (EPCRA) and the 
Pollution Prevention Act (PPA). However, the amendment could not be 
incorporated into the regulation due to an inaccurate amendatory 
instruction. This document corrects the amendatory instructions.

DATES: Effective on May 2, 2024.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-TRI-2022-0262, is available at 
https://www.regulations.gov. Additional instructions on visiting the 
docket, along with more information about dockets generally, is 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Rachel Dean, Data Collection 
Branch, Data Gathering, Management, and Policy Division (Mail code: 
7406M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone number: (202) 566-1303; email address: [email protected].
    For general information contact: The Emergency Planning and 
Community Right-to-Know Information Center; telephone number: (800) 
424-9346 or (703) 348-5070 in the Washington, DC Area and 
International; website: https://www.epa.gov//hotlines.

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    The Agency included in the July 14, 2023, final rule a list of 
those who may be potentially affected by this action.

II. What does this correction do?

    EPA issued a final rule in the Federal Register on July 14, 2023 
(88 FR 45089) (FRL-2425.1-03-OCSPP) which added a diisononyl phthalates 
(DINP) category to the list of toxic chemicals subject to the reporting 
requirements under the EPCRA and the PPA. In the final rule's 
instructions to amend the Code of Federal Regulations (CFR), EPA 
intended to add the DINP category alphabetically to the list of TRI 
chemical categories at 40 CFR 372.65(c). However, the list of TRI 
chemical categories in the CFR at the time had been incorporated as a 
static image of a table, which introduced formatting challenges with 
regard to updating 40 CFR 372.65(c) per the amendatory instructions in 
the DINP category rule because the Agency did not provide a new static 
image of the table. This document corrects the formatting in Table 3 to 
paragraph (c) of 40 CFR 372.65(c) by removing the static image of the 
table and replacing it with a table consisting of text and images of 
chemicals structures, as applicable.

III. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)(3)(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 notice and public

[[Page 35749]]

procedure are unnecessary because EPA provided a full opportunity for 
notice and comment before issuing the final rule that published in the 
Federal Register on July 14, 2023, and this correction merely corrects 
the amendatory instructions to ensure that the rule is correctly 
codified in the CFR. EPA finds that this constitutes good cause under 5 
U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and executive order review requirements 
apply to this action?

    No. For a detailed discussion concerning the statutory and 
executive order review requirements refer to Unit VI. of the final rule 
issued on July 14, 2023.

V. Congressional Review Act (CRA)

    Pursuant to the CRA (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 372

    Environmental protection, Community right-to-know, Reporting and 
recordkeeping requirements, and Toxic chemicals.

    Dated: April 24, 2024.
Michal Freedhoff
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, for the reasons set forth in the preamble, EPA is 
amending 40 CFR part 372 as follows:

PART 372--TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW

0
1. The authority citation for part 372 continues to read as follows:

    Authority: 42 U.S.C. 11023 and 11048.


0
2. In Sec.  [thinsp]372.65, amend Table 3 in paragraph (c) to read as 
follows:


Sec.  372.65   Chemicals and chemical categories to which this part 
applies.

* * * * *
    (c) * * *

Table 3 to Paragraph (c)

BILLING CODE 6560-50-P

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* * * * *
[FR Doc. 2024-09428 Filed 5-1-24; 8:45 am]
 BILLING CODE 6560-50-C


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