[Federal Register Volume 63, Number 167 (Friday, August 28, 1998)]
[Rules and Regulations]
[Pages 45950-45953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-23171]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 710

[OPPTS-82051; FRL-6028-3]


1998 Reporting Notice and Technical Amendment; Partial Updating 
of TSCA Inventory Data Base; Production and Site Reports

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: This document announces the 1998 reporting period for the 
Toxic Substances Control Act (TSCA) Inventory Update Rule (IUR) and 
contains technical amendments to the rule to update the reporting 
instructions. The IUR requires manufacturers and importers of certain 
chemical substances included on the TSCA Chemical Substance Inventory 
to report current data on the production volume, plant site, and site-
limited status of the substances. The 1998 reporting period is from 
August 25, 1998 to December 23, 1998.

DATES: This document is effective August 28, 1998. The 1998 reporting 
period is from August 25, 1998 to December 23, 1998.

FOR FURTHER INFORMATION CONTACT: For general information contact: Susan 
B. Hazen, Director, Environmental Assistance Division (7408), Office of 
Pollution Prevention and Toxics, Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460; telephone: (202) 554-1404; TDD: (202) 
554-0551; e-mail: TSCA-H[email protected]. For technical 
information contact: Scott M. Sherlock, Information Management Divison 
(7407), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460, telephone: 
(202) 260-1536, fax: (202) 260-9555, e-mail: [email protected].


[[Page 45951]]


SUPPLEMENTARY INFORMATION:

I. Does this Notice Apply to Me?

    You may be potentially affected by this action if you manufactured 
or imported organic chemicals or other chemicals subject to proposed or 
final rules or orders during your company's latest fiscal year prior to 
August 25, 1998. Potentially affected categories and entities may 
include, but are not limited to:

                                                                        
------------------------------------------------------------------------
                                              Examples of Potentially   
                 Category                        Affected Entities      
------------------------------------------------------------------------
Chemical manufacturers                     Manufacturers of chemical    
                                            substances subject to the   
                                            rule                        
------------------------------------------------------------------------
Chemical importers                         Importers of chemical        
                                            substances. Under the       
                                            regulations, importers      
                                            include such persons as     
                                            brokers, agents, importers  
                                            of record, consignees, and  
                                            owners.                     
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
summary guide for readers regarding entities likely to be affected by 
this action. Other types of entities not listed in this table could 
also be affected. To determine whether you or your business is affected 
by this action, you should carefully examine the applicability 
provisions beginning at 40 CFR 710.2. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the technical person listed in the ``FOR FURTHER INFORMATION 
CONTACT'' section.

II. How Can I Get Additional Information or Copies of this Document 
or Other Support Documents?

A. Electronically

    You may obtain electronic copies of this document and various 
support documents from the EPA Internet Home Page at http://
www.epa.gov/opptintr/iur98. On the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under 
``Federal Register - Environmental Documents.'' You can also go 
directly to the ``Federal Register'' listings at http://www.epa.gov/
homepage/fedrgstr/.

B. Fax-on-Demand

    You may request to receive a faxed copy of the Form U, by using a 
faxphone to call (202) 401-0527 and selecting item 5119.

C. In Person or By Phone

    If you have any questions or need additional information about this 
action, please contact the technical person identified in the ``FOR 
FURTHER INFORMATION CONTACT'' section, or the staff at the TSCA 
Hotline. In addition, the official record for the IUR has been 
established under docket control number OPPTS-82015A. The public 
version of this record, including printed, paper versions of any 
electronic comments, which does not include any information claimed as 
CBI, is available for inspection in Rm. G-099, Waterside Mall, 401 M 
St., SW., Washington, DC, from noon to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Office telephone number is (202) 
260-0660.

III. What is the Agency's Authority for Taking the Action in this 
Document?

    Under the authority of section 8(a) of TSCA, 15 U.S.C. 2607(a), EPA 
promulgated a reporting rule at 40 CFR part 710, subpart B, referred to 
as the Inventory Update Rule or IUR (51 FR 21438, June 12, 1986). The 
IUR requires manufacturers and importers of certain chemical substances 
included on the TSCA Chemical Substance Inventory to report current 
data on the production volume, plant site, and site-limited status of 
the substances. After the initial reporting during 1986, recurring 
reporting was required every 4 years. A second reporting cycle took 
place in 1990 and a third in 1994. The fourth reporting period is from 
August 25, 1998 to December 23, 1998. Persons subject to the IUR must 
submit the required information during this period.

IV. How Do I Know What Information is Currently in the TSCA 
Chemical Substance Inventory?

    In support of the 1998 reporting, EPA is publishing an up-to-date 
TSCA Chemical Substances Inventory in a variety of magnetic media 
products (CD-ROM, diskette, and magnetic tape). These products contain 
information for all nonconfidential chemical substances added to the 
TSCA Inventory data base before January 1998. The types of information 
contained in the products are similar to that found in the computer 
tape form of the TSCA Inventory that EPA has been disseminating to the 
public biannually through the National Technical Information Service 
(NTIS). Specifically, each of the chemical substances included in the 
products is identified by a Chemical Abstracts (CA) Index or Preferred 
Name, the corresponding Chemical Abstracts Service (CAS) Registry 
Number, molecular formula, and if applicable, the chemical definition 
and appropriate EPA special flags as found in the printed Inventory. 
The substances are sequenced in ascending order of the corresponding 
CAS Registry Numbers. The products do not include chemical synonyms 
that are copyrighted by the Chemical Abstracts Service. Furthermore, 
generic names or EPA Accession Numbers for substances with confidential 
chemical identities are not included.
    The magnetic media products include over 62,000 records and require 
12 megabytes of disk space for installation. The products are available 
for sale from: National Technical Information Service (NTIS), U.S. 
Department of Commerce, Springfield, VA 22161; telephone: (703) 605-
6000, toll free: 1-800-553-NTIS; Internet address: www.ntis.gov/fcpc. 
The NTIS Order Number for the CD-ROM is SUB-5423INQ. The NTIS Order 
Number for the diskettes is SUB-5435INQ. The NTIS Order Number for the 
tapes is PB98-500556INQ.

V. How Do I Know If I Have to Report?

    You have to report if you manufacture or import IUR reportable 
chemical substances included on the TSCA Chemical Substance Inventory 
in excess of 10,000 pounds at a single facility during your company's 
last fiscal year ending August 25, 1998. For further and more specific 
information, please review the IUR reporting regulations beginning at 
40 CFR 710.2.

VI. How Do I Get a 1998 Reporting Package?

    EPA will automatically mail out a reporting package to the company 
headquarters of those companies that reported in 1994. This package 
will include a document entitled ``Instructions for Reporting for the 
Partial Updating of the TSCA Chemical Inventory Data Base,'' a diskette 
with the new electronic Form U, and a copy of this Federal Register 
document. Failure to receive a reporting package from EPA does not 
obviate or otherwise affect the requirement to submit a timely report.
    If you did not report in 1994, but need to report in 1998, you may 
obtain the reporting package from the TSCA Hotline. Additional 
reporting forms, electronic or printed, will also be available from the 
TSCA Hotline, Fax-on-Demand, or the Internet.

VII. How Do I Submit My Report?

    The regulation at 40 CFR 710.39 requires submitters to report using 
EPA's Form U. For the 1998 reporting cycle, the Agency affords the 
submitter the option of completing the electronic version of the form 
or the printed paper version.

[[Page 45952]]

A. Electronic Reporting

    As stated above, the electronic forms are included in the reporting 
package that will be distributed to the 1994 IUR submitters. In 
addition, electronic forms are available through the TSCA Hotline. EPA 
is encouraging submitters to use the electronic Form U for 1998 
reporting. The form on the Internet can be completed electronically and 
printed off line for mailing to EPA. Please note that this form cannot 
be saved to magnetic media.
    Section 710.32(b) provides that magnetic media submitted in 
response to the IUR must meet EPA specifications, as described in the 
``Instructions for Reporting for the Partial Updating of the TSCA 
Chemical Inventory Data Base'' available from the TSCA Hotline. 
Pursuant to the requests of the regulated community, EPA has created a 
formatted disk to facilitate IUR reporting. This disk has been tested 
by a number of persons, including representatives from industry. EPA 
believes use of this preformatted disk by IUR reporters will 
substantively ease reporting burden. Directions for use of the 
preformatted disk are provided in the ``Instructions for Reporting for 
the Partial Updating of the TSCA Chemical Inventory Data Base'' 
available from the TSCA Hotline at the address listed above or via Fax-
on-Demand at (202) 401-0527, Item 5119 or via the Internet at http://
www.epa.gov/opptintr/iur98.

B. Paper Reporting

    Printed copies of the Form U are available upon request from the 
TSCA Hotline, and will not be distributed as a part of the reporting 
package. The printed form can be requested from the TSCA Hotline at the 
address listed above, or via Fax-on-Demand at (202) 401-0527, Item 5119 
or via the Internet at http://www.epa.gov/opptintr/iur98.

VIII. Where Do I Send My 1998 Report?

    Please mail your completed form or magnetic media to the Document 
Control Officer, Mail Code 7407, ATTN: Inventory Update Rule, Office of 
Pollution Prevention and Toxics, U.S. Environmental Protection Agency, 
401 M St., SW., Washington, DC 20460. At this time, the Agency is not 
able to accept these reports electronically, except through the 
submission of a disk. All submissions should be mailed to this address.

IX. What Happens If I Fail to Report During the 1998 Reporting 
Period?

    If you fail to report as required, the Agency can take enforcement 
action against you. The Act at section 16 provides that any person who 
violates a provision of TSCA shall be liable to the United States for a 
civil penalty not to exceed $25,000 for each such violation.

X. Does this Action Involve Any New Information Collection 
Activities, Such as Reporting, Recordkeeping, or Notification?

    No. The information collection requirements contained in 40 CFR 
part 710, subpart B, have already been approved by the Office of 
Management and Budget (OMB) pursuant to the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., under OMB control number 2070-0070 (EPA 
ICR No. 1011). The annual public burden for this collection of 
information is estimated at 11.5 hours per response. Under the PRA, 
``burden'' means the total time, effort or financial resources expended 
by persons to generate, maintain, retain, or disclose information to or 
for a Federal agency. For this collection, it includes the time needed 
to review instructions, search existing data sources, gather and 
maintain the data needed, and completing and reviewing the collection 
of information. An agency may not conduct or sponsor and a person is 
not required to respond to, a collection of information unless it 
displays a currently valid OMB number. The OMB control number for this 
information collection appears above. In addition, the OMB control 
numbers for EPA's regulations, after initial display in the final rule, 
are listed in 40 CFR part 9 and appear on any form that is required to 
be used.
    Send any comments on the accuracy of the provided burden estimates, 
and any suggested methods for minimizing respondent burden, including 
through the use of automated collection techniques to the Director, 
Regulatory Information Division, Office of Policy, U.S. Environmental 
Protection Agency, Mail Code 2137, 401 M St., SW., Washington, DC 
20460. Include the OMB control number in any correspondence, but do not 
submit the requested information to this address. The requested 
information should be submitted in accordance with the instructions 
accompanying the form, or as specified in the corresponding regulation.

XI. Do Executive Orders 12875 and 13084 Require EPA to Consult With 
States and Indian Tribal Governements Prior to Taking the Action in 
This Notice?

A. Executive Order 12875

    Under Executive Order 12875, entitled ``Enhancing Intergovernmental 
Partnerships'' (58 FR 58093, October 28, 1993), EPA may not issue a 
regulation that is not required by statute and that creates a mandate 
upon a State, local or Tribal government, unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by those governments. If the mandate is unfunded, EPA must 
provide to OMB a description of the extent of EPA's prior consultation 
with representatives of affected State, local and Tribal governments, 
the nature of their concerns, copies of any written communications from 
the governments, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 12875 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of State, local and Tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.''
    Today's rule does not create an unfunded Federal mandate on State, 
local or Tribal governments. This rule does not impose any enforceable 
duties on these entities. Accordingly, the requirements of section 1(a) 
of Executive Order 12875 do not apply to this rule.

B. Executive Order 13084

    Under Executive Order 13084, entitled ``Consultation and 
Coordination with Indian Tribal Governments'' (63 FR 27655, May 19, 
1998), EPA may not issue a regulation that is not required by statute, 
that significantly or uniquely affects the communities of Indian tribal 
governments, and that imposes substantial direct compliance costs on 
those communities, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by the Tribal 
governments. If the mandate is unfunded, EPA must provide OMB, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected Tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected and other representatives of 
Indian tribal governments ``to provide meaningful and timely input in 
the development of regulatory policies on matters that significantly or 
uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any

[[Page 45953]]

requirements that affect Indian tribes. Accordingly, the requirements 
of section 3(b) of Executive Order 13084 do not apply to this rule.

XII. Do Any Other Regulatory Assessment Related Requirements Apply 
to This Action?

    No. This action is classified as a final rule because it makes a 
technical amendment to the Code of Federal Regulations (CFR). The 
amendment to the CFR is necessary in order to update the reporting 
instructions for the 1998 reporting period. This action does not impose 
any new requirements or amend the existing requirements in any way. As 
a result, this action does not require review by the Office of 
Management and Budget (OMB) under Executive Order 12866, entitled 
``Regulatory Planning and Review'' (58 FR 51735, October 4, 1993), 
Executive Order 12898, entitled ``Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations'' (59 FR 7629, February 16, 1994), Executive Order 13045, 
entitled ``Protection of Children from Environmental Health Risks and 
Safety Risks'' (62 FR 19885, April 23, 1997), or Executive Order 13084, 
entitled ``Consultation and Coordination With Indian Tribal 
Governments'' (63 FR 27655, May 19, 1998). For the same reason, it does 
not require any action under Title II of the Unfunded Mandates Reform 
Act of 1995 (UMRA) (Pub. L. 104-4), or section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Pub. L. 104-
113, section 12(d) (15 U.S.C. 272 note). In addition, since this type 
of action does not require any proposal, no action is needed under the 
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.).

XIII. Does EPA Have to Submit This Action to Congress and the 
Comptroller General of the United States?

    Yes, because technical corrections to the CFR are classified as 
``final rules.'' The Congressional Review Act (5 U.S.C. 801 et seq.), 
generally provides that before a final rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing this 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of the rule in the Federal Register. Although 
classified as a ``final rule,'' this is a technical amendment to the 
CFR and is not a ``major'' rule as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 710

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

    Dated: August 20, 1998.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
    Therefore 40 CFR part 710 is amended as follows:

PART 710--[AMENDED]

    1. The citation for part 710 continues to read as follows:

    Authority: 15 U.S.C. 2607(a).
    2. Section 710.39 is revised to read as follows:


Sec. 710.39   How do I submit the required information for the 1998 
reporting cycle?

    (a) Use the proper EPA form. You must use the EPA form identified 
as ``Form U'' to submit written information in response to the 
requirements of this subpart. Copies of the Form U are available from 
EPA at the address set forth in paragraph (c) of this section, from the 
EPA Internet Home Page at http://www.epa.gov/opptintr/iur98, or via 
Fax-on-Demand by using a faxphone to call (202) 401-0527 and selecting 
item 5119.
    (b) Follow the reporting instructions. You should follow the 
detailed instructions for completing the reporting form and preparing a 
magnetic media report, which are given in the EPA publication entitled 
``Instructions for Reporting for Partial Updating of the TSCA Chemical 
Inventory Data Base,'' via the Internet or the TSCA Hotline.
    (c) Obtain the reporting package and copies of the form. EPA is 
mailing the reporting package to those companies that reported in 1994. 
Failure to receive a reporting package does not obviate or otherwise 
affect the requirement to submit a timely report. If you did not 
receive a reporting package, but are required to report, you may obtain 
a copy of the reporting package and the reporting form from EPA by 
submitting a request for this information as follows:
    (1) By phone. Call the EPA TSCA Hotline at (202) 554-1404, or TDD 
202-554-0551.
    (2) By e-mail. Send an e-mail request for this information to the 
EPA TSCA Hotline at TSCA-H[email protected].
    (3) By mail. Send a written request for this information to the 
following address: TSCA Hotline, Mail Code 7408, ATTN: Inventory Update 
Rule, Office of Pollution Prevention and Toxics, U.S. Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460.
    (d) Submit the completed reports. You must submit your completed 
reporting form(s) and/or magnetic media to EPA at the following 
address: Document Control Officer, Mail Code 7407, ATTN: Inventory 
Update Rule, Office of Pollution Prevention and Toxics, U.S. 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460.

[FR Doc. 98-23171 Filed 8-25-98; 2:39 pm]
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