[Federal Register Volume 64, Number 209 (Friday, October 29, 1999)]
[Proposed Rules]
[Pages 58370-58372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28487]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[OPPTS-400140B; FRL-6391-6]
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.

-----------------------------------------------------------------------

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. On September 21, 1999, EPA 
issued a Federal Register document extending the comment period 45 days 
until November 1, 1999. The purpose of today's action is to inform 
interested parties that, in an effort to ensure adequate opportunities 
for input from all affected parties, including small businesses, EPA is 
extending the comment period by another 45 days until December 16, 
1999. The comment period for the proposed rule was initially scheduled 
to close on September 17, 1999, and was extended 45 days to November 1, 
1999.

DATES: Written comments, identified by the docket control number OPPTS-
400140, must be received by EPA on or before December 16, 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: For technical information on this 
action contact: Daniel R. Bushman, Petitions Coordinator, Environmental 
Protection Agency, Mail Code 7408, 401 M St., SW., Washington, DC 
20460; telephone number 202-260-3882, e-mail address: 
[email protected]. For general information on EPCRA section 313, 
contact 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 lead or lead compounds. Potentially affected 
categories and entities may include, but are not limited to:

 
------------------------------------------------------------------------
                                               Examples of Potentially
                 Category                         Affected Entities
------------------------------------------------------------------------
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

[[Page 58371]]

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 the 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 document 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 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 noted in the initial extension (64 FR 51093, September 21, 
1999) (FRL-6382-9) that it had received requests from a number of 
groups to extend the comment period for the August 3, 1999 proposed 
rule. Since that time, EPA has received requests for an additional 
extension from a number of groups, including small businesses. In order 
to ensure adequate opportunities for input from all affected parties, 
including small businesses, EPA has determined that extending the 
comment period is an appropriate action and will not cause significant 
delay in the evaluation of the proposed rule. Therefore, EPA is 
extending the comment period on the August 3, 1999 proposed rule by 
another 45 days. All comments must be received by December 16, 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

[[Page 58372]]

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 (64 FR 42222).

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: October 25, 1999.
Susan H. Wayland,
Deputy Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

[FR Doc. 99-28487 Filed 10-28-99; 8:45 am]
BILLING CODE 6560-50-F