[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]


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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.

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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