[Federal Register Volume 63, Number 249 (Tuesday, December 29, 1998)]
[Rules and Regulations]
[Pages 71599-71600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34428]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 710

[OPPTS-82052; FRL-6052-7]


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

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; Amendment; Notice of Reporting Period Extension.

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SUMMARY: This document announces an amendment to the Toxic Substances 
Control Act (TSCA) Inventory Update Rule (IUR) that extends the 
reporting deadline for 1998. The time for reporting has been extended 
so that IUR reports are now due by January 31, 1999. This is a one-time 
extension for the 1998 reporting period only. 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.
DATES: This amendment is effective December 29, 1998. The 1998 IUR 
reporting period is extended to run from August 25, 1998 to January 31, 
1999.
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].
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. This notice announces a rule amendment which provides 
for an extension of the 1998 IUR reporting deadline. The Agency must 
receive the reports by January 31, 1999. The original Federal Register 
notice for the 1998 IUR collection was published on August 28, 1998 (63 
FR 45950)(FRL-6028-3). Potentially affected categories and entities may 
include, but are not limited to:

------------------------------------------------------------------------
                                               Examples of potentially
                 Category                         Affected Entities
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Chemical manufacturers (SIC codes 28 and    Manufacturers of chemical
 2911).                                      substances subject to the
                                             rule.
Chemical importers (SIC Codes 28 and 2911)  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 part 710. 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 other IUR 
related 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.'' An alternative internet 
address is the ``Federal Register'' listings at http://www.epa.gov/
homepage/fedrgstr/.

B. Fax-on-Demand

    You may request a faxed copy of the Form U, the form used for IUR 
reporting, 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. Why is the Agency taking this Action?

    EPA is issuing this amendment to extend the 1998 reporting period 
for IUR reporting until January 31, 1999. The August 28, 1998 Notice 
designated the IUR reporting period as August 25, 1998 to December 23, 
1998. The Agency is taking this action in response to concerns raised 
by the regulated community about their ability to submit the required 
information in a timely basis. There are two separate process issues 
that are the bases to these concerns. First, the Agency did not make 
reporting materials available to the regulated community until August 
28, 1998, three days after the beginning of the reporting period. 
Second, the Agency introduced reporting software on disks for this 
reporting period, and a significant portion of the regulated community 
is having some difficulty working with the new reporting media. EPA 
believes it is appropriate to extend the reporting period to allow the 
regulated community to adjust to the new software and submit their 
reports.

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

    The Inventory Update Rule or IUR is issued pursuant to the 
authority of

[[Page 71600]]

section 8(a) of TSCA, 15 U.S.C. 2607(a). The regulations for this rule 
are located at 40 CFR part 710, (51 FR 21438, June 12, 1986).
    Under section 553(b)(3)(B) of the Administrative Procedure Act 
(APA), 5 U.S.C. 553(b)(3)(B), the Agency may make a rule immediately 
final if it finds that notice and public participatory procedures are 
impracticable, unnecessary or contrary to the public interest. In this 
case, for the extension sought, the Agency does find that normal notice 
and public process rulemaking is impracticable, unnecessary and 
contrary to the public interest.
    The Agency believes that this one time extension is consistent with 
the public interest because it is designed to facilitate compliance 
with the IUR and to ensure that the 1998 collection includes accurate 
data on chemical manufacturing in the United States. The Agency further 
believes that the one time extension will not adversely affect 
potential users of the IUR data since the extension will not delay the 
processing of the IUR collected information.
    Notice and public comment are impracticable because the existing 
reporting deadlines would expire by the time the notice and comment 
period was completed. As indicated above, EPA intends to process the 
IUR information on an expedited schedule, making the information 
available to users in the same time frame as originally planned.
    Similarly, under section 553(d) of the APA, 5 U.S.C. 553(d), the 
Agency may make a rule immediately effective ``for good cause found and 
published with the rule.'' In addition to the reasons discussed above, 
EPA believes that there is ``good cause'' because today's action does 
not impose any additional burdens on the regulated community, and in 
fact provides a more relaxed reporting schedule. Accordingly, EPA is 
making this amendment effective upon publication in the Federal 
Register.

V. Do Any Regulatory Assessment Related Requirements Apply to this 
Action?

    No. This action is classified as a final rule because it makes an 
amendment to the Code of Federal Regulations (CFR). The amendment to 
the CFR is necessary to allow for a one time extension to the 1998 
reporting IUR period. This action does not impose any new requirements 
or amend the existing requirements. 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). This action does not impose any enforceable duty, contain any 
unfunded mandate, or impose any significant or unique impact on small 
governments as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4), and does not require prior consultation with State, 
local, and tribal government officials as specified by Executive Order 
12875, entitled Enhancing Intergovernmental Partnerships (58 FR 58093, 
October 28, 1993) or Executive Order 13084, entitled Consultation and 
Coordination with Indian Tribal Governments (63 FR 27655, May 19,1998), 
or involve special consideration of environmental justice related 
issues as required by Executive Order 12898, entitled Federal Actions 
to Address Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994). This action does not 
involve any technical standards that would require Agency consideration 
of voluntary consensus standards pursuant to 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 
action is not subject to notice-and-comment requirements under the 
Administrative Procedure Act or any other statute, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.). EPA's compliance with these statutes and 
Executive Orders for the underlying rule is discussed in the preamble 
to the final IUR rule (63 FR 45950, August 28, 1998)(6028-3).

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

    Yes, this one time extension to the 1998 IUR reporting period is 
classified as a ``final rule.'' The Congressional Review Act, 5 U.S.C. 
801 et seq., 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. However, section 808 provides 
that for any rule for which the issuing agency for good cause finds 
(and incorporates the finding and a brief statement of reasons 
therefore in the rule) that notice and public procedure thereon are 
impracticable, unnecessary or contrary to the public interest, shall 
take effect at such time as the agency promulgating the rule 
determines. 5 U.S.C. 808(2). As stated previously, EPA has made such a 
good cause finding, including the reasons therefore, and established an 
effective date of December 29, 1998. 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 710

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

    Dated: December 17, 1998.

Susan H. Wayland,

Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
    Therefore 40 CFR part 710 is amended as follows:

PART 710--[AMENDED]

    1. The authority citation for part 710 continues to read as 
follows:
    Authority: 15 U.S.C. 2607(a).

    2. Section 710.33 is amended by revising paragraph (b) and by 
adding paragraph (c) to read as follows:


Sec. 710.33  When to report.

*   *    *    *    *
    (b) Recurring reporting periods. The first recurring reporting 
period is from August 25, 1990 to December 23, 1990. Subsequent 
reporting periods, except as provided in paragraph (c) of this section, 
are from August 25 to December 23 at 4-year intervals thereafter. Any 
person described in Sec. 710.28(b) must report during the appropriate 
reporting period for each chemical substance described in Sec. 710.25 
that the person manufactured during the applicable corporate fiscal 
year described in Sec. 710.28(b).
    (c) Reporting in 1998. The 1998 reporting period is from August 25, 
1998 until January 31, 1999. Any person described in Sec. 710.28(b) 
must report during this reporting period for each chemical substance 
described in Sec. 710.25 that the person manufactured during the 
applicable corporate fiscal year described in Sec. 710.28(b). This 
reporting period is applicable to 1998 reporting only.
[FR Doc. 98-34428 Filed 12-28-98; 8:45 am]
BILLING CODE 6560-50-F