[Federal Register Volume 63, Number 217 (Tuesday, November 10, 1998)]
[Rules and Regulations]
[Pages 62955-62956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29813]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[OPPTS-50632A; FRL-6042-2]
RIN 2070-AB27


Significant New Uses of Certain Chemical Substances; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: EPA issued a document (FR Doc. 98-22441) in the Federal 
Register of August 20, 1998 issuing significant new use rules (SNURs) 
for 73 substances. This document inadvertently did not assign an 
exemption to notification requirements for a substance subject to one 
of these SNURs. EPA did not intend to omit this exemption to 
notification requirements. This action is necessary in order to issue 
the correct notification requirements.

DATES: This document is effective on November 10, 1998.

FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director, 
Environmental Assistance Division (7408), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, Rm. E-531, 401 
M St., SW., Washington, DC 20460, telephone: (202) 554-1404, TDD: (202) 
554-0551; e-mail: TSCA-H[email protected].

SUPPLEMENTARY INFORMATION: EPA issued a document (FR Doc. 98-22441) in 
the Federal Register of August 20, 1998 (63 FR 44562) (FRL-5788-7) 
which inadvertently did not assign an exemption to notification 
requirements for a substance for which a SNUR was issued. This 
correction adds the exemption to notification requirements for 
Sec. 721.9719.

I. Regulatory Assessment Requirements

A. Certain Acts and Executive Orders

    This final rule does not impose any requirements. It only 
implements a correction to the Code of Federal Regulations. As such, 
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), the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997). 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 Executive Order 12898, entitled Federal 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations (59 FR 7629, February 16, 1994). 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.).

B. Executive Order 12875

    Under Executive Order 12875, entitled Enhancing the 
Intergovernmental Partnership (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. The 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.

C. 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 to 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 officials 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 rule does not involve or 
impose any requirements that affect Indian tribes. Accordingly, the 
requirements of section 3(b) of Executive Order 13084 do not apply to 
this rule.

[[Page 62956]]

II. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. 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 rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 721

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

    Dated: October 28, 1998.

Ward Penberthy,

Acting Director, Chemical Control Division, Office of Pollution 
Prevention and Toxics.

    In FR Doc. 98-22441 published on August 20, 1998 (63 FR 44562) make 
the following correction:


Sec. 721.9719   [Corrected]

    On page 44583, in the first column, in Sec. 721.9719(a)(2)(i), 
beginning in the third line, ``(a), (b), (c), (d), (f), (g)(3)(i), 
(g)(3)(ii), (g)(4)(i), and (g)(5).'' is corrected to read ``(a), (b), 
(c), (d), (e) (concentration set at 1.0 percent), (f), (g)(3)(i), 
(g)(3)(ii), (g)(4)(i), and (g)(5).''.

[FR Doc. 98-29813 Filed 11-9-98; 8:45 am]
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