[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)] [Rules and Regulations] [Pages 31987-31989] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-15174] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 723 [OPPT-50636; FRL-6068-5] Recordkeeping Requirements for Low Volume Exemption and Low Release and Exposure Exemption; Technical Correction AGENCY: Environmental Protection Agency (EPA). ACTION: Final Rule; technical correction. ----------------------------------------------------------------------- SUMMARY: This technical correction re-establishes recordkeeping requirements that were previously inadvertently deleted from the Low Volume Exemption (LVE) and Low Release and Exposure Exemption (LOREX) rule codified at 40 CFR Sec. 723.50, that authorizes exemption from the pre-manufacture notice (PMN) requirement of section 5 of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2604. The deletion resulted from a mistake in a ``non-substantive procedural change'' to update addresses in several TSCA regulations. DATES: This technical correction is effective June 15, 1999. FOR FURTHER INFORMATION CONTACT: For technical information contact: Roy Seidenstein, Chemical Control Division (7405), Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, telephone: 202-260-2252, fax: 202-260-0118, e-mail: [email protected]. For general information contact: Joseph S. Carra, Acting Director, Environmental Assistance Division (7408), Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, 401 M St., SW., Washington, DC 20460, telephone: 202-554-1404, TDD: 202-554-0551, e-mail: TSCA-H[email protected]. SUPPLEMENTARY INFORMATION: I. Does this Action Apply to Me? You are governed by this rule if you submit or have submitted, on or after May 30, 1995, a LVE or LOREX notice to EPA pursuant to 40 CFR 723.50. Thus, you may be affected by this action if you manufacture (defined by statute to include import) chemical substances. Entities potentially affected by this action may include, but are not limited to: ------------------------------------------------------------------------ Examples of Type of Entity SIC NAICS Potentially Affected Entities ------------------------------------------------------------------------ Chemical Manufacturers or 28 325 Persons who Importers. 2911 32411 manufacture (defined by statute to include import) one or more of the subject chemical substances. ------------------------------------------------------------------------ The chart above is not intended to be exhaustive, but rather provides a guide for readers regarding entities that may be affected by this action. Other types of entities not listed could also be affected. The Standard Industrial Classification (SIC) codes or the North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether or not this action might apply to certain entities. To determine whether you or your business is affected by this action, you should carefully examine the provisions in 40 CFR 723.50. 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 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/. 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/homepage/fedrgstr/. B. In person or by phone If you have any questions or need additional information about this action, you may contact the technical person identified in the ``FOR FURTHER INFORMATION CONTACT'' section. In addition, the official record for this notice, including the public version, has been established under docket control number [OPP-50636]. A 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 the TSCA Nonconfidential Information Center, Rm. NE-B607, Waterside Mall, 401 M St., SW., Washington, DC, from noon to 4 p.m., Monday through Friday, excluding legal holidays. The TSCA Nonconfidential Information Center telephone number is 202- 260-7099. III. Why is this Technical Correction Necessary? This notice re-establishes recordkeeping requirements at 40 CFR 723.50(n) that were previously deleted inadvertently. The deletion resulted from a mistake in a ``non-substantive procedural change'' to update addresses in several TSCA rules. The details of how this error occured are as follows: On April 26, 1985, EPA published a final rule entitled ``Exemption for Chemical Substances Manufactured in Quantities of 1,000 Kg or Less Per Year'' (50 FR 16477). That rule was promulgated under section 5(h)(4) of the Toxic Substances Control Act (TSCA) and creates an exemption from the premanufacture notice (PMN) requirement of TSCA section 5(a)(1)(A) and 40 CFR part 720. The exemption is based on a determination by EPA that those chemical substances that satisfy the requirements of the exemption will not present an unreasonable risk of injury to human health or the environment. The exemption, commonly called the Low Volume Exemption (LVE) Rule, was codified at 40 CFR 723.50. The original LVE rule contained ``Submission of information'' requirements at 723.50(n) and ``Recordkeeping'' requirements at 723.50(o). On March 29, 1995, at 60 FR 16336, EPA published a final rule which amended the LVE rule at 40 CFR 723.50, effective May 30, 1995. The new title of Sec. 723.50 became ``Chemical substances manufactured in quantities of 10,000 kilograms or less per year, and chemical substances with low environmental releases and human exposures.'' Among [[Page 31988]] other things, the March 1995 amendment increased the low volume limit from 1,000 kilograms per year to 10,000 kilograms per year (see Sec. 723.50(c)(1)) and added a new exemption (at Sec. 723.50(c)(2)) for chemicals with low environmental release and low human exposure, commonly called the LOREX exemption. The March 1995 amendment did not contain a separate ``Submission of information'' paragraph, and moved the ``Recordkeeping'' requirements to Sec. 723.50(n). (In the amended LVE/LOREX rule, Sec. 723.50(e) includes directions on the address to which notices must be submitted.) On July 3, 1995, at 60 FR 34462, EPA published an immediately effective final rule entitled ``Technical Amendments to TSCA Regulations to Update Addresses.'' That amendment was intended to revise address information in several different TSCA regulations, including Sec. 723.50. The preamble to the July 3, 1995 technical amendment states ``Because these changes are non-substantive procedural changes, notice and public comment are not necessary. These changes are effective immediately.'' It is quite clear from the text of the July 3, 1995 technical amendment that it contained a significant error. In particular, it appears that the July 3, 1995 technical amendment was written without knowledge or consideration of the March 1995 LVE/LOREX amendments, which had changed the title and text of the paragraph at Sec. 723.50(n) from a provision entitled ``Submission of information'' to a provision entitled ``Recordkeeping.'' The July 3, 1995 technical amendment incorrectly refers to the title of the rule at Sec. 723.50 as ``Chemical substances manufactured in quantities of 1,000 kilograms or less per year,'' rather than the title that became legally effective on May 30, 1995, i.e., ``Chemical substances manufactured in quantities of 10,000 kilograms or less per year, and chemical substances with low environmental releases and human exposures.'' Moreover, the supposedly updated address inserted at Sec. 723.50(n) by the July 3, 1995 technical amendment is virtually identical to the address that was already present in the LVE/LOREX rule at Sec. 723.50(e) at that time. The only difference in address is that the July 3, 1995 amendment included ``Room G-099'' and the LVE/LOREX rule at Sec. 723.50(e) does not state a room number. Today's technical correction retains the room number provided in the July 3, 1995 technical amendment, but relocates the address information to Sec. 723.50(e). More importantly, because the July 3, 1995 technical amendment accidentally inserted provisions entitled ``Submission of information'' in the wrong place in the LVE/LOREX rule, i.e., at Sec. 723.50(n), the July 3, 1995 rulemaking unintentionally deleted the recordkeeping requirements then-existing at Sec. 723.50(n). Today's technical correction restores the LVE/LOREX recordkeeping requirements at Sec. 723.50(n) that were unintentionally deleted. IV. Why Is this Technical Correction Issued as a Final Rule? EPA is publishing this action as a final rule without prior notice and opportunity to comment because the Agency believes that providing notice and an opportunity to comment is unnecessary and would be contrary to the public interest. As explained above, the corrections contained in this action will simply reverse an inadvertent deletion that occurred when a previous technical amendment that purported merely to correct a submission address failed to consider a recent amendment that relocated that address provision. EPA therefore finds that there is ``good cause'' under section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 et seq.) to make this amendment without prior notice and comment. V. Do Any of the Regulatory Assessment Requirements Apply to this Action? No. This final rule does not impose any new requirements. It only implements a technical correction to the Code of Federal Regulations (CFR). 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 (UMRA) (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 the Intergovernmental Partnership (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 (APA) 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.). VI. Will EPA Submit this Final Rule to Congress and the Comptroller General? Yes. 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. Section 808 allows the issuing agency to make a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. EPA has made such a good cause finding for this final rule, and established an effective date of June 15, 1999. Pursuant to 5 U.S.C 808(2), this determination is supported by the brief statement in Unit IV. of this preamble. 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 is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 723 Chemicals, Environmental protection, Premanufacture notification, Hazardous materials, Reporting and recordkeeping requirements. Dated: May 21, 1999. Susan H. Wayland, Acting Assistant Administrator for Prevention, Pesticides and Toxic Substances. Therefore, 40 CFR chapter I, part 723 is amended as follows: [[Page 31989]] PART 723--[AMENDED] 1. The authority citation for part 723 continues to read as follows: Authority: 15 U.S.C. 2604. 2. In Sec. 723.50, revise the second sentence of paragraph (e)(1) and revise paragraph (n) to read as follows: Sec. 723.50 Chemical substances manufactured in quantities of 10,000 kilograms or less per year, and chemical substances with low environmental releases and human exposures. * * * * * (e) * * * (1) * * * The notice must be sent in writing to: TSCA Document Control Officer (7407), Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Room G-099, 401 M St., SW., Washington, DC 20460. * * * * * * * * (n) Recordkeeping. (1) A manufacturer of a new chemical substance under paragraph (c) of this section must maintain the records described in this paragraph at the manufacturing site or site of importation for a period of 5 years after their preparation. (2) The records must include the following to demonstrate compliance with this section: (i) Records of annual production volume and import volume. (ii) Records documenting compliance with the applicable requirements and restrictions of paragraphs (c), (e), (f), (h), (i), (j), and (k) of this section. (3) Any person who manufactures a new chemical substance under the terms of this section must, upon request of a duly designated representative of EPA, permit such person at all reasonable times to have access to and to copy records kept under paragraph (n)(2) of this section. (4) The manufacturer must submit the records listed in paragraph (n)(2) of this section to EPA upon request. Manufacturers must provide these records within 15 working days of receipt of such request. * * * * * [FR Doc. 99-15174 Filed 6-14-99; 8:45 am] BILLING CODE 6560-50-F