[Federal Register Volume 61, Number 163 (Wednesday, August 21, 1996)]
[Proposed Rules]
[Pages 43207-43208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21343]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372

[OPPTS-400104C; FRL-5393-4]
RIN 2070-AC71


Addition of Facilities in Certain Industry Sectors; Toxic 
Chemical Release Reporting; Community Right-to-Know; Extension of 
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: In the Federal Register of June 27, 1996, EPA issued a 
proposed rule to add seven industry groups to the list of industries 
required to report under the Emergency Planning and Community Right-to-
Know Act of 1986 (EPCRA) section 313 and section 6607 of the Pollution 
Prevention Act of 1990 (PPA). Except as provided in this Notice, the 
period for accepting comments on the proposed rule ends August 26, 
1996. EPA has added additional information to the public docket prior 
to the close of the public comment period. This information is 
summarized in this document. To assure that the public and other 
interested parties may review and comment on the additional documents 
and information, EPA is extending the comment period on the proposed 
rule. EPA is requesting comment on the additional documents and 
information only. Comments must be confined to the contents of these 
documents.

DATES: Comments must be received by September 4, 1996.

ADDRESSES: Written comments should be submitted in triplicate to: OPPT 
Docket Clerk, TSCA Document Receipt Office (7407), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, Rm. E-G099, 401 
M St., SW., Washington, DC 20460. Comments containing information 
claimed as confidential must be clearly marked as confidential business 
information (CBI). If CBI is claimed, three additional sanitized copies 
must also be submitted. Nonconfidential versions of comments on the 
proposed rule will be placed in the rulemaking record and will be 
available for public inspection. Comments should include the docket 
control number for this document, OPPTS-400104C and the EPA contact for 
this document. Unit III. of this document contains additional 
information on submitting comments containing information claimed as 
CBI.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect 5.1 file format or ASCII file format. 
All comments and data in electronic form must be identified by the 
docket number OPPTS-400104C. No CBI should be submitted through e-mail. 
Electronic comments on this proposed rule may be filed online at many 
Federal Depository Libraries. Additional information on electronic 
submissions can be found in Unit III. of this document.

FOR FURTHER INFORMATION CONTACT: Tim Crawford at 202-260-1715, e-mail: 
[email protected], or Brian Symmes at 202-260-9121, e-mail: 
[email protected], or the Emergency Planning and Community 
Right-to-Know Information Hotline, Environmental Protection Agency, 
Mail Stop 5101, 401 M St., SW., Washington, DC 20460, Toll free: 1-800-
535-0202, in Virginia and Alaska: 703-412-9877 or Toll free TDD: 1-800-
553-7672.

SUPPLEMENTARY INFORMATION:
Electronic Availability: Electronic copies of the documents listed in 
Unit IV. of this document are available from the EPA Public Access 
gopher (gopher.epa.gov) at the Environmental Sub-Set entry under 
``Rules and Regulations.''

I. Introduction

    Current EPCRA section 313 reporting requirements apply to 
facilities classified in the manufacturing sector (Standard Industrial 
Classification codes 20-39) that have 10 or more full-time employees, 
and that manufacture, process, or otherwise use one or more listed 
section 313 chemicals above certain threshold amounts. EPA has been in 
the process of evaluating industry groups for potential addition under 
EPCRA section 313. EPA recently issued a proposed rule to add seven 
industry groups to the list of industries subject to EPCRA section 313 
reporting requirements (61 FR 33588, June 27, 1996) (FRL-5379-3).

[[Page 43208]]

II. Description of Additional Documents and Information

    EPA believes that the revised interpretation of ``otherwise use'' 
for purposes of EPCRA section 313 threshold calculations, as proposed 
in the June 27, 1996 Federal Register, may affect how certain 
facilities currently covered under EPCRA section 313 report. As stated 
in the proposal, EPA does not anticipate that this revised 
interpretation will significantly change the reporting status of 
facilities operating in the manufacturing sector because the revised 
interpretation is most likely to impact only those facilities that are 
in the business of managing waste materials from other facilities. In 
the proposal, EPA requested specific comment on the number of 
facilities within the manufacturing sector that this revised 
interpretation might affect. EPA has continued its efforts to refine 
its estimate of the quantitative impact that a revision of the 
otherwise use interpretation might have on reporting facilities. This 
Federal Register document is to notify interested parties that EPA has 
added information to the docket estimating the potential impact of the 
revised interpretation of ``otherwise use'' that includes receipt of 
chemicals for the purposes of further waste management activities on 
facilities currently covered under EPCRA section 313. This information 
also relates to RCRA Subtitle C Hazardous Waste facilities receiving 
materials from manufacturing facilities currently reporting to TRI. 
This information is available for public review and comment, and is 
contained in a document entitled Effects of Modified TRI Otherwise Use 
Interpretation on Manufacturing Facilities and Other Waste Treatment 
and Disposal Facilities (Ref. 1).
    It has come to EPA's attention that the document entitled 
Interpretive Guidance for Revised Interpretation for Otherwise Use has 
not been readily available. By this Federal Register Notice, EPA is 
notifying all interested parties that this document has been placed in 
the public docket and that it is readily available.
    In addition, EPA is providing additional information on potential 
impacts of the proposed rule on small entities in the document 
entitled: Estimated Impacts on Small Entities: Refined Estimation of 
Company Revenue and Impacts (Ref. 2). In particular, this document 
provides additional data on the distribution of company revenue and 
employment within selected non-manufacturing SIC codes, the average 
number of facilities per company, and revenue and employment data 
sorted by the Small Business Administration's SIC code-specific size 
standards.

III. Rulemaking Record

    A record has been established for this rulemaking under docket 
number ``OPPTS-400104C'' (including comments and data submitted 
electronically as described below). A public version of this record, 
including printed, paper versions of electronic comments, which does 
not include any information claimed as CBI, is available for inspection 
from noon to 4 p.m., Monday through Friday, excluding legal holidays. 
The public record is located in the TSCA Nonconfidential Information 
Center (NCIC), located at EPA Headquarters, Rm. E-B607, 401 M St., SW., 
Washington, DC 20460.
    Any person who submits comments claimed as CBI must mark the 
comments as ``confidential,'' ``CBI,'' or other appropriate 
designation. Comments not claimed as confidential at the time of 
submission will be placed in the public file. Any comments marked as 
confidential will be treated in accordance with the procedures in 40 
CFR part 2. Any person submitting comments claimed to be confidential 
must prepare a nonconfidential public version of the comments in 
triplicate that EPA can put in the public file.
    Electronic comments can be sent directly to EPA at:
    [email protected]
    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, described above will be kept in paper form. Accordingly, EPA 
will transfer all comments received electronically into printed, paper 
form as they are received and will place the paper copies in the 
official rulemaking record which will also include all comments 
submitted directly in writing. The official rulemaking record is the 
paper record maintained at the address in ADDRESSES at the beginning of 
this document.

IV. References

    1. USEPA/OPPT. Effects of Modified TRI Otherwise Use Interpretation 
on Manufacturing Facilities and Other Waste Treatment and Disposal 
Facilities. U.S. Environmental Protection Agency, Washington, DC 
(1996).
    2. USEPA/OPPT. Estimated Impacts on Small Entities: Refined 
Estimates of Company Revenue and Impacts.. U.S. Environmental 
Protection Agency, Washington, DC (1996).
    3. USEPA/OPPT. Interpretive Guidance for Revised Interpretation for 
Otherwise Use. U.S. Environmental Protection Agency, Washington, DC 
(1996).

List of Subjects in 40 CFR Part 372

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

    Dated: August 16, 1996.
Lynn R. Goldman,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 96-21343 Filed 8-20-96; 8:45 am]
BILLING CODE 6560-50-F