[Federal Register Volume 64, Number 182 (Tuesday, September 21, 1999)]
[Proposed Rules]
[Pages 51091-51093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24554]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[OPPTS-400140A; FRL-6382-9]
RIN 2070-AD38


Lead and Lead Compounds; Lowering of Reporting Thresholds; 
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 August 3, 1999, EPA issued a proposed rule to lower the 
reporting thresholds for lead and lead compounds which 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 a 
limitation on the reporting of lead when contained in certain alloys 
and proposed modifications to certain reporting exemptions and 
requirements for lead and lead compounds. The purpose of this action is 
to inform interested parties that, in response to several requests, EPA 
is extending the comment period by 45 days until November 1, 1999. The 
comment period for the proposed rule was scheduled to close on 
September 17, 1999.

DATES: Written comments, identified by the docket control number OPPTS-
400140, must be received by EPA on or before November 1, 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 this action, 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:

[[Page 51092]]

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 lead or lead compounds. Potentially affected 
categories and entities may include, but are not limited to:

 
------------------------------------------------------------------------
                                              Examples of Potentially
                 Category                        Affected Entities
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Industry                                   Facilities that: process
                                            copper ores, lead and zinc
                                            ores; operate pulp mills,
                                            petroleum refineries,
                                            primary copper smelters,
                                            primary and secondary
                                            nonferrous metal smelters,
                                            gray/ductile iron foundries,
                                            steel foundries, blast
                                            furnaces, steel mills,
                                            petroleum bulk stations and
                                            terminals, industrial
                                            boilers that burn coal,
                                            wood, petroleum products,
                                            and electric utilities that
                                            combust coal and/or oil for
                                            distribution of electricity
                                            in commerce; facilities that
                                            manufacture, process, or use
                                            inorganic pigments, small
                                            arms ammunition, asphalt
                                            paving mixtures and blocks,
                                            storage batteries, motor
                                            vehicles and motor vehicle
                                            equipment; manufacture
                                            electronic components and
                                            accessories.
------------------------------------------------------------------------
Federal Government                         Federal facilities that:
                                            manufacture, process, or use
                                            lead or lead compounds; burn
                                            coal or petroleum products.
------------------------------------------------------------------------

    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 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. The Agency has established an official record for 
this action under docket control number OPPTS-400140. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as confidential business information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection in the TSCA Nonconfidential Information Center, North 
East Mall Rm. B-607, Waterside Mall, 401 M St., SW., Washington, DC. 
The Center is open from noon to 4 p.m., Monday through Friday, 
excluding legal holidays. The telephone number of the Center 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-400140'') 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 your comments to: OPPT Document 
Control Office (DCO) in East Tower Rm. G-099, Waterside Mall, 401 M 
St., SW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
DCO is: 202-260-7093.
    3. Electronically. Submit your comments 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. Comments and data 
will also be accepted on standard computer disks in WordPerfect 6.1/8.0 
or ASCII file format. All comments and data in electronic form must be 
identified by the docket control number OPPTS-400140. Electronic 
comments on this proposal may also be 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 August 3, 1999 
proposed rule (64 FR 42222) (FRL-6081-4) to lower the reporting 
thresholds for lead and lead compounds which are subject to reporting 
under EPCRA section 313 and PPA section 6607. EPA proposed the lowering 
of the

[[Page 51093]]

reporting thresholds for lead and lead compounds pursuant to its 
authority under EPCRA section 313(f)(2) to revise reporting thresholds. 
The August 3, 1999 proposed rule also included a limitation on the 
reporting of lead when contained in certain alloys and proposed 
modifications to certain reporting exemptions and requirements for lead 
and lead compounds.

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 August 3, 1999 proposed rule. These groups 
include the American Electroplaters and Surface Finishing Society, 
American Iron and Steel Institute, American Petroleum Institute, 
American Zinc Association, ASARCO Incorporated, Chemical Manufactures 
Association, Coalition for Safe Ceramicware, Colorado Mining 
Association, Color Pigments Manufacturers Association, Columbus 
Galvanizing, Edison Electric Institute, Electronic Industries Alliance, 
Galvan Industries Incorporated, Hampden Fence Supply Incorporated, 
Hornady Manufacturing Company, Independence Mining Company 
Incorporated, Industrial Galvanizers Southeastern, International 
Crystal Federation, IPC - Association Connecting Electronics 
Industries, Kennecott Utah Copper Corporation, Lead Industries 
Association, National Association of Metal Finishers, National Mining 
Association, North American Coal Corporation, Metal Finishing Suppliers 
Association, Phelps Dodge Corporation, Society of Glass and Ceramic 
Decorators, United States House of Representatives Committee on Small 
Business, and Woven Electronics Corporation. 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 
August 3, 1999 proposed rule by 45 days. All comments must be received 
by November 1, 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 
(Public Law 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) or require OMB review in 
accordance with Executive Order 13045, entitled Protection of Children 
from Environmental Health Risks and Safety Risks (62 FR 19885, April 
23, 1997). The Agency has determined that this action will not have a 
substantial direct effect on States, on the relationship between the 
national government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 12612, entitled Federalism (52 FR 41685, October 30, 
1987). 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), Public Law 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 42222, August 3, 1999).

List of Subjects in 40 CFR Part 372

    Environmental protection, Chemicals, Community right-to-know, 
Hazardous substances, Intergovernmental relations, Reporting and 
recordkeeping requirements, Superfund.

    Dated: September 15, 1999.
Stephen L. Johnson,
Acting Deputy Assistant Administrator for Prevention, Pesticides and 
Toxic Substances.

[FR Doc. 99-24554 Filed 9-16-99; 1:11 pm]
BILLING CODE 6560-50-F