[Federal Register Volume 64, Number 39 (Monday, March 1, 1999)]
[Proposed Rules]
[Pages 9957-9959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4971]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[OPPTS-400132B; FRL-6066-1]
RIN 2070-AD09


Persistent Bioaccumulative Toxic (PBT) Chemicals; Amendments to 
Proposed Addition of a Dioxin and Dioxin-Like Compounds Category; 
Community Right-to-Know Toxic Chemical Release Reporting; Extension of 
Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: On January 5, 1999, EPA issued a proposed rule to lower the 
reporting thresholds for certain

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persistent bioaccumulative toxic (PBT) chemicals that are subject to 
reporting under section 313 of the Emergency Planning and Community 
Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution 
Prevention Act of 1990 (PPA). The proposed rule also included the 
addition of certain PBT chemicals, amendments to the proposed rule to 
add a dioxin and dioxin-like compounds category, as well as other 
related reporting changes. The purpose of this action is to inform 
interested parties that, in response to several requests, EPA is 
extending the comment period by 30 days until April 7, 1999. The 
comment period for the proposed rule was scheduled to close on March 8, 
1999.

DATES: Written comments, identified by the docket control number OPPTS-
400132, must be received by EPA on or before April 7, 1999.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the ``SUPPLEMENTARY INFORMATION'' section of 
this document.

FOR FURTHER INFORMATION CONTACT: Daniel R. Bushman, Petitions 
Coordinator, 202-260-3882, e-mail: [email protected], for 
specific information on the proposed rule, or for more information on 
EPCRA section 313, the Emergency Planning and Community Right-to-Know 
Hotline, Environmental Protection Agency, Mail Code 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:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture, 
process, or otherwise use any of the chemicals listed under Table 1 in 
Unit V.C.1. of the January 5, 1999 proposed rule (64 FR 688) (FRL-6032-
3). Potentially affected categories and entities may include, but are 
not limited to:

 
------------------------------------------------------------------------
                                               Examples of Potentially
                 Category                         Affected Entities
------------------------------------------------------------------------
Industry                                    Facilities that: incinerate
                                             or otherwise treat, store
                                             or dispose of hazardous
                                             waste or sewage sludge;
                                             operate chlor-alkali
                                             processes; manufacture
                                             chlorinated organic
                                             compounds, pesticides,
                                             other organic or inorganic
                                             chemicals, tires, inner
                                             tubes, other rubber
                                             products, plastics and
                                             material resins, paints,
                                             Portland cement, pulp and
                                             paper, asphalt coatings, or
                                             electrical components;
                                             operate cement kilns;
                                             operate metallurgical
                                             processes such as steel
                                             production, smelting, metal
                                             recovery furnaces, blast
                                             furnaces, coke ovens, metal
                                             casting and stamping;
                                             operate petroleum bulk
                                             terminals; operate
                                             petroleum refineries;
                                             operate industrial boilers
                                             that burn coal, wood,
                                             petroleum products; and
                                             electric utilities that
                                             combust coal and/or oil for
                                             distribution of electricity
                                             in commerce.
------------------------------------------------------------------------
Federal Government                          Federal facilities that:
                                             burn coal, wood, petroleum
                                             products; burn wastes;
                                             incinerate or otherwise
                                             treat, store, or dispose of
                                             hazardous waste or sewage
                                             sludge.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in the table could also be 
affected. To determine whether your facility would be affected by this 
action, you should carefully examine the applicability criteria in part 
372, subpart B of Title 40 of the Code of Federal Regulations. If you 
have questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding ``FOR 
FURTHER INFORMATION CONTACT'' section.

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

    1. Electronically. You may obtain electronic copies of this 
document and the January 5, 1999 proposed rule from the EPA Internet 
Home Page at http://www.epa.gov/. On the Home Page select ``Laws and 
Regulations'' and then look up the entry for this document under the 
``Federal Register - Environmental Documents.'' You can also go 
directly to the ``Federal Register'' listings at http://www.epa.gov/
fedrgstr/.
    2. 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. 
In addition, the official record for this document, including the 
public version, has been established under docket control number OPPTS-
400132, (including comments and data submitted electronically as 
described below). This record includes not only the documents 
physically contained in the docket, but all of the documents included 
as references in those documents. A public version of this record, 
including printed, paper versions of any electronic comments, which 
does not include any information claimed as Confidential Business 
Information (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, Rm. NE-B607, 
401 M St., SW., Washington, DC 20460. The TSCA Nonconfidential 
Information Center telephone number is 202-260-7099.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. Be sure to identify the appropriate docket control 
number (i.e., ``OPPTS-400132'') in your correspondence.
    1. By mail. Submit written comments to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460.
    2. In person or by courier. Deliver written comments to: Document 
Control Office in Rm. G-099, Waterside Mall, 401 M St., SW., 
Washington, DC, telephone: 202-260-7093.
    3. Electronically. Submit your comments and/or data electronically 
by e-mail to: ``[email protected].'' Please note that you should not 
submit any information electronically that you consider to be CBI. 
Electronic comments must be submitted as an ASCII file avoiding the use 
of special characters and any form of encryption. Comment and data will 
also be accepted on standard computer disks in WordPerfect 5.1/6.1 or 
ASCII file format. All comments and data in electronic form must be 
identified by the docket control number OPPTS-400132. Electronic 
comments on this notice may also be

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filed online at many Federal Depository Libraries.

D. How Should I Handle CBI Information that I Want to Submit to the 
Agency?

    You may claim information that you submit in response to this 
document as CBI by marking any part or all of that information as CBI. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. A copy of the comment that does 
not contain CBI must be submitted for inclusion in the public record. 
Information not marked confidential will be included in the public 
docket by EPA without prior notice. If you have any questions about CBI 
or the procedures for claiming CBI, please consult with the technical 
person identified in the ``FOR FURTHER INFORMATION CONTACT'' section.

II. Background Information

A. What Does this Notice Do and What Action Does this Notice Affect?

    This notice extends the comment period for EPA's January 5, 1999 
proposed rule (64 FR 688) to lower the reporting thresholds for certain 
PBT chemicals that are subject to reporting under EPCRA section 313 and 
PPA section 6607. The January 5, 1999 proposed rule also proposed to 
lower reporting thresholds for dioxin and dioxin-like compounds, which 
were previously proposed for addition to the EPCRA section 313 list of 
toxic chemicals. EPA proposed these actions pursuant to its authority 
under EPCRA section 313(f)(2) to revise reporting thresholds. In 
addition, EPA proposed to add certain PBT chemicals to the list of 
chemicals subject to the reporting under EPCRA section 313 and PPA 
section 6607 and to establish lower reporting thresholds for these 
chemicals. EPA proposed to add these chemicals to the EPCRA section 313 
list pursuant to its authority to add chemicals and chemical categories 
that meet the EPCRA section 313(d)(2) toxicity criteria. The proposed 
additions of these chemicals are based on their carcinogenicity or 
other chronic human health effects and/or their adverse effects on the 
environment. As part of the proposed rule, EPA amended its proposal 
published in the Federal Register of May 7, 1997 (62 FR 24887) (FRL-
5590-1), to add a category of dioxin and dioxin-like compounds to the 
EPCRA section 313 list of toxic chemicals by proposing to exclude the 
co-planar polychlorinated biphenyls (PCBs) from the category and by 
proposing to add an activity qualifier to the category. EPA also 
proposed to require that separate reports be filed for tetraethyl lead 
and tetramethyl lead which are listed under the lead compounds 
category. EPA's proposed actions also included modifications to certain 
reporting exemptions and requirements for those toxic chemicals that 
would be subject to the lower reporting thresholds.
    In addition, today's action also extends the comment period for the 
Notice of Availability and Clarification that was published on February 
23, 1999 (64 FR 8766) (FRL-6061-7). The February 23, 1999 action made 
available an additional document concerning the economics analysis for 
one of the reporting threshold options discussed in the January 5, 1999 
proposed rule. The action also made clarifications to the discussion in 
the proposed rule concerning the reporting limitation for certain 
metals when contained in alloys.

B. Why and for How Long is EPA Extending the Comment Period?

    EPA has received requests from a number of groups to extend the 
comment period for the January 5, 1999 proposed rule. These groups 
include the American Cyanamid Company, American Forest & Paper 
Association, American Portland Cement Alliance, Chemical Manufacturers 
Association, Chlorine Chemistry Council, Eastman Chemical Company, 
National Mining Association, and the Pentachlorophenol Task Force. 
These groups have requested additional time to review relevant 
information and prepare comments on the proposed rule. EPA has 
considered these comments and has determined that extending the comment 
period is an appropriate action that will not cause a significant delay 
in the evaluation of the proposed rule. Therefore, EPA is extending the 
comment period on the January 5, 1999 proposed rule and the February 
23, 1999 action by 30 days until April 7, 1999. All comments should be 
submitted following the detailed instructions as provided in Unit I. of 
the ``SUPPLEMENTARY INFORMATION'' section of this document. All 
comments must be received by April 7, 1999.

III. Do Any of the Regulatory Assessment Requirements Apply to this 
Action?

    No. As indicated previously, this action merely announces the 
extension of the comment period for the proposed rule. This action does 
not impose any new requirements. 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). 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). Nor does it 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) and Executive Order 13084, entitled Consultation and 
Coordination with Indian Tribal Governments (63 FR 27655, May 19, 
1998), or special consideration of environmental justice related issues 
under 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 
(RFA) (5 U.S.C. 601 et seq.). EPA's compliance with these statutes and 
Executive Orders for the underlying proposed rule, is discussed in the 
preamble to the proposed rule (see 64 FR 688, January 5, 1999).

List of Subjects in 40 CFR Part 372

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

    Dated: February 23, 1999.
Susan H. Wayland,
Acting Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 99-4971 Filed 2-26-99; 8:45 am]
BILLING CODE 6560-50-F