[Federal Register Volume 64, Number 219 (Monday, November 15, 1999)]
[Proposed Rules]
[Pages 61807-61810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29716]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[OPPTS-400140C; FRL-6394-1]
RIN 2070-AD38


Lead and Lead Compounds; Lowering of Reporting Thresholds; 
Community Right-to-Know Toxic Chemical Release Reporting; Public 
Meetings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; public meetings.

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SUMMARY: EPA will hold public meetings to obtain comment on issues 
relating to the Agency's August 3, 1999 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). Currently, the EPCRA section 313 
reporting thresholds for lead and lead compounds are 25,000 pounds 
manufactured or processed, or 10,000 pounds otherwise used. The August 
3, 1999 proposed action would lower the threshold for each category to 
10 pounds. EPA expects that the proposed action will significantly 
increase the number of reports submitted for lead and lead compounds, 
as well as result in a number of Toxic Release Inventory (TRI) 
facilities filing reports for the first time under EPCRA section 313 
and section 6607 of PPA.

DATES: The first meeting will take place in Los Angeles, CA on November 
30, 1999, from 9 a.m. to 3 p.m. The second meeting will take place in 
Chicago, IL on December 2, 1999, from 9 a.m. to 3 p.m. The third 
meeting will take place in Washington, DC on December 14, 1999, from 9 
a.m. to 3 p.m.

ADDRESSES: The meeting in Los Angeles, CA will be held at the Junipero 
Serra State Building at 107 South Broadway in the auditorium, Room 1138 
(1st and Broadway). The meeting in Chicago, IL will be held at the 
Environmental Protection Agency, the Lake Michigan Room (12th Floor), 
77 West Jackson Boulevard. The meeting in Washington, DC will be held 
at the Environmental Protection Agency, Auditorium, Education Center, 
401 M St., SW.

FOR FURTHER INFORMATION CONTACT: To sign up to speak at the meeting or 
for general information on section 313 of EPCRA, 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.
    For technical information on the EPCRA section 313/PPA section 6607 
lead and lead compounds proposed rulemaking contact: Daniel R. Bushman, 
Environmental Protection Agency, Mail Code 7408, 401 M St., SW., 
Washington, DC 20460; telephone number 202-260-3882, e-mail address: 
[email protected].
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Public Meeting Announcement Apply to Me?

    This announcement is directed to the public in general. It may, 
however, be of particular interest to facilities that manufacture, 
process, or otherwise use lead or lead compounds. Specific industry 
groups that may want to attend may include, but are not limited to: (1) 
Facilities in electronic components and accessories (SIC code 367), 
including printed circuit boards (SIC code 3672) that use lead-based 
solder, flux, cable coverings, piezoelectric ceramics or conduct other 
activities associated with lead and/or lead compounds; (2) facilities 
in motor vehicle and motor vehicle equipment (SIC code 371) that use 
bearing metals, casting metals, terne metals, solder, brake linings or 
conduct other activities associated with lead and/or lead compounds; 
(3) facilities in plating and polishing (SIC code 3471) that use zinc 
anodes or conduct other activities associated with lead and/or lead 
compounds; (4) facilities in printing and publishing (SIC code 27), 
including commercial printing (SIC code 275) that use inks containing 
lead in their pigment base or conduct other activities associated with 
lead and/or lead compounds; and (5) facilities in manufacturing 
industries (SIC codes 20-39) that combust coal, oil, or wood.
    Other entities or individuals may also be interested in attending. 
The Agency has not, therefore, attempted to describe all the specific 
entities that may be interested in attending these public meetings. If 
you have any questions about the public meetings, please consult the 
technical person listed under ``FOR FURTHER INFORMATION CONTACT.''

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

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://

[[Page 61808]]

www.epa.gov/. To access this document, 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/.
    You may access the proposed rule and other information about the 
TRI program from the TRI Home Page at http://www.epa.gov/tri/. An 
electronic version of the economic analysis of the potential impact of 
the proposed rule, which is contained in a document entitled ``Economic 
Analysis of the Proposed Rule to Modify Reporting of Lead and Lead 
Compounds under EPCRA Section 313,'' is also available on the Internet 
at http://www.epa.gov/opptintr/economics/new.htm/.
    2. In person. The Agency has established an official record for the 
related proposed rulemaking under docket control number OPPTS-400140. 
The official record consists of the documents specifically referenced 
in the proposed rule, any public comments received during the comment 
period, and other information related to the proposed rule, including 
any support documents and information claimed as Confidential Business 
Information (CBI). The 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 offical 
record, which includes printed, paper versions of any electronic 
comments that may be submitted during the 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.

II. Background Information

    Lead and lead compounds are toxic chemicals that persist and 
bioaccumulate in the environment. As the TRI program has evolved over 
time and as communities identify areas of special concern, EPA has 
recognized the need to modify thresholds and other aspects of the EPCRA 
section 313 reporting requirements to assure the collection and 
dissemination of relevant, topical information and data. Towards that 
end, EPA is proposing to increase the utility of the TRI to the public 
by lowering the reporting thresholds for lead and lead compounds. Lead 
and lead compounds, being persistent bioaccumulative toxic (PBT) 
chemicals, are of particular concern because they remain in the 
environment for significant periods of time and concentrate in the 
organisms exposed to them. EPA believes it is important that the public 
understand that these PBT chemicals can have serious human health and 
environmental effects resulting from low levels of release and 
exposure. Lowering the reporting thresholds for lead and lead compounds 
would ensure that the public has important information on the 
quantities of these PBT chemicals released or otherwise managed as 
waste, that would not be reported under the current thresholds.
    EPA issued a proposed rule on August 3, 1999 (64 FR 42222) (FRL-
6081-4) to lower the reporting thresholds for lead and lead compounds 
which are subject to reporting under section 313 of EPCRA and section 
6607 of 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 comment period for the proposed rule was 
initially scheduled to close on September 17, 1999. On September 21, 
1999, EPA issued a document (64 FR 51091) (FRL-6382-9) extending the 
comment period 45 days until November 1, 1999. On October 29, 1999, EPA 
issued a document (64 FR 58370) (FRL-6391-6) extending the comment 
period an additional 45 days until December 16, 1999.
    On January 5, 1999 (64 FR 688) (FRL-6032-3), EPA proposed: (1) To 
lower the reporting thresholds for certain PBT chemicals that are 
subject to EPCRA section 313 and PPA section 6607; (2) to lower the 
reporting thresholds for dioxin and dioxin-like compounds, which were 
previously proposed for addition to the EPCRA section 313 list of toxic 
chemicals; and (3) to add certain PBT chemicals to the EPCRA section 
313 list of toxic chemicals. On October 29, 1999, EPA finalized this 
rule (64 FR 58666) (FRL-6389-11) and it will take effect on December 
31, 1999. For purposes of EPCRA section 313(d)(4), the chemical 
additions shall be considered made as of November 30, 1999, and shall 
apply for the reporting year beginning January 1, 2000. These PBT 
chemicals are of particular concern not only because they are toxic but 
because they remain in the environment for long periods of time, are 
not readily destroyed, and accumulate in body tissue. Relatively small 
releases of PBT chemicals can pose human and environmental health 
threats and consequently releases of these chemicals warrant 
recognition by communities.

III. Agency Request for Comments

A. General Comments Requested

    These meetings are intended to provide an additional opportunity 
for public comment on all aspects of the August 3, 1999 proposed rule 
to lower the EPCRA section 313 reporting thresholds for lead and lead 
compounds, as well as on the issues recently raised concerning the 
potential small business impacts of the proposed rule and the Agency's 
small entity impact analysis. As described in the August 3, 1999 
proposed rule, EPA is specifically soliciting comments on how the 
proposed rule would affect EPCRA section 313 reporting on lead and lead 
compounds, the impacts these proposed changes would have on the burden 
of section 313 reporting for lead and lead compounds, and the benefits 
such reporting would provide the public.
    The Agency is particularly interested in receiving comments on the 
general policy issues, as they apply to lead and lead compounds, that 
were discussed and raised for comment in Unit IX. of the preamble to 
the PBT proposed rule (see 64 FR 688, at 717). It is important for EPA 
to clarify that the August 3, 1999 proposal does not introduce any new 
issues beyond those associated with lead and lead compounds (e.g., 
persistence data for lead, bioaccumulation data for lead, estimated 
number of reports for lead). The Agency is therefore only seeking 
comments on the generic issues that relate specifically to the proposal 
to lower the reporting threshold for lead and lead compounds.
    The changes that EPA is proposing to make to the reporting 
requirements for lead and lead compounds are discussed in detail in 
Unit VI. of the August 3, 1999 proposed rule, including the 
applicability to lead and lead compounds of the general amendments to 
EPCRA section 313 reporting requirements for PBT chemicals presented in 
the January 5, 1999 proposed PBT rule. Accordingly, comments on the 
following issues, which were previously identified and for which 
comment was sought in Unit IX. of the preamble to the proposed PBT rule 
(see 64 FR 688, at 717), are only requested on this proposal insofar as 
the comments relate particularly to lead and lead compounds: (1) 
Whether EPA should attempt to estimate the releases that would be 
reported at an ``average'' facility at each of the identified options 
for a lowered threshold, the appropriate methodology for estimating 
releases

[[Page 61809]]

from all affected industry sectors, and whether EPA should then use 
those estimates to select the lowered threshold that would capture some 
overall percentage of releases, e.g., 75 - 80%; (2) whether EPA should 
consider lowering the reporting thresholds for lead and lead compounds 
based on either persistence or bioaccumulation (rather than both); (3) 
whether EPA should consider other mechanisms for further minimizing the 
potential impacts associated with lowering the reporting thresholds for 
lead and lead compounds (i.e., it was suggested that EPA develop a 
modified Form A with thresholds more appropriate for lead and lead 
compounds, retain de minimis thresholds for lead and lead compounds 
(perhaps at a lower level)), retain whole number reporting, the half-
pound rule, and range reporting for lead and lead compounds, establish 
an activity qualifier restricting the lower reporting threshold to the 
manufacture of lead and lead compounds, retaining the higher current 
thresholds with respect to import, process or use activities, and that 
EPA modulate the frequency of reporting.

B. Comments Requested Specifically on Small Business Impacts

    The Agency is specifically interested in information concerning the 
potential small business impacts of the proposed rule. In particular, 
concerns have been raised recently regarding the Agency's outreach to 
small businesses potentially impacted by the proposed rule, and the 
Agency's analysis of the potential impacts on small businesses. It has 
been suggested, for example, that the methodologies used by the Agency 
in its analysis did not adequately identify all of the types of small 
businesses that could be potentially affected by the proposed rule, and 
that the Agency has not, therefore, properly estimated the potential 
impacts on small businesses.
    The Agency's small entity analysis is contained in a document 
entitled ``Economic Analysis of the Proposed Rule to Modify Reporting 
of Lead and Lead Compounds under EPCRA Section 313,'' which is 
available in the public version of the official record for the proposed 
rule and available electronically as described in Unit I.B.
    As described in the Economic Analysis, EPA conducted a screening 
analysis of the potential impact of the proposed rule on small entities 
before making its determination that the proposal would not have a 
significant economic impact on a substantial number of small entities. 
Since EPA does not know the specific identity of every affected firm 
prior to reporting, EPA modeled the characteristics of potentially 
affected firms. For the manufacturing industries (SIC codes 20-39), EPA 
developed separate revenue profiles based on ``small'' and ``large'' 
current TRI reporters. Firms were classified based on Small Business 
Administration size standard definitions. Within these two categories 
(i.e., small and large firms), EPA further categorized the small and 
large firms by looking at the firms with ``low,'' ``medium,'' and 
``high'' revenues. For example, among small firms, EPA calculated the 
potential impact percentages for small firms with revenues at the 25th 
percent quartile, the 50th percent quartile, and the 75th percent 
quartile. These revenue quartiles represent small firms with low, 
medium, and high revenues.
    Based on current ``small'' TRI reporting firms, EPA used a revenue 
value of $4 million for the small manufacturing firm with ``low'' 
revenues (i.e., the 25th percent quartile). EPA's estimate of the 
average cost of filing a single TRI report on lead and lead compounds 
at a facility ranges from approximately $3,600 to $7,700 depending on 
the circumstances of the reporting facility. Therefore, the Agency's 
analysis indicates that a firm would not be expected to have an impact 
of greater than 1% of revenues in the first reporting year unless it 
had revenues of less than $770,000 per affected facility. In subsequent 
reporting years, the firm would have to have revenues of less than 
$360,000 per affected facility. Facilities that report to TRI must have 
at least 10 full-time employees.
    EPA developed revenue profiles for small and large firms with low, 
medium, and high revenues within the manufacturing industries (SIC 
codes 20-39). EPA did not develop separate revenue profiles for small 
and large firms within each 4-digit SIC code. This approach was chosen 
to avoid double-counting expected reporting from facilities that both 
burn fuel and make other use of lead and lead compounds. Not all of the 
data that EPA identified is disaggregated to the 4-digit SIC code 
level. Therefore, EPA adjusted for double-counting at the manufacturing 
level. EPA also developed separate revenue profiles for small and large 
firms in other potentially affected industry groups, such as coal 
mining, electric utilities, and petroleum bulk terminals.
    EPA is particularly interested in comments on the assumptions and 
methodologies used by the Agency in its analysis, including the 
following: The Agency's evaluation of the potential impacts on small 
businesses within the aggregated manufacturing sectors (SIC codes 20-
39) using revenue profiles that reflect the characteristics of typical 
small and large firms that currently report to TRI; the Agency's 
segmentation of potentially impacted small business into three main 
revenue levels for analytical purposes, and whether the smallest level 
(i.e., 25% quartile at $4 million) is an appropriate revenue level for 
considering the potential impacts on the smallest of the small 
businesses that will be affected by the proposal; and whether the 
Agency's estimates of the average time to comply with the proposed rule 
should vary depending upon the size of the facility or firm, i.e., is 
the average cost or hourly burden of filing a single report greater for 
small businesses than for large businesses.
    EPA is particularly interested in receiving information and/or 
detailed suggestions for improving EPA's methods of estimating the 
economic impact of the proposed rule on small entities and the number 
of small entities that may experience a significant economic impact. 
For example, EPA is interested in any available information relating to 
the following: (1) Categories of facilities not identified in the 
economic analysis that may be affected by the proposal; (2) the 
specific activities or processes associated with lead or lead compound 
manufacture, process, or otherwise use in the category; (3) the number 
of facilities with 10 or more full-time employees in the category that 
would be affected, in particular those facilities with annual revenues 
of less than $770,000; (4) the estimated quantity of lead and lead 
compounds manufactured, processed, or otherwise used by facilities in 
the category; (5) the estimated quantity of lead and lead compounds 
released or otherwise managed as waste by facilities in the category; 
(6) possible firm-level revenues and/or profits for facilities in the 
category that would assist EPA in evaluating the financial resources 
available to comply with the proposed rule; and (7) any additional 
recommendations for reducing reporting burden associated with the 
proposed rule that provided communities with information about the 
release and waste management of PBT chemicals within their community, 
especially any such suggestions that specifically address the burdens 
on small businesses.

C. Comments and Suggestions for Minimizing TRI Reporting Burdens

    EPA believes that the additional information provided by lowering 
the TRI reporting thresholds for PBT

[[Page 61810]]

chemicals, including lead and lead compounds, will be valuable to 
communities and will significantly enhance their knowledge about toxic 
chemical releases and other waste management activities that may be of 
concern to them. At the same time, EPA recognizes that the August 3, 
1999 proposal, along with the rule lowering reporting thresholds for 
various other PBT chemicals (64 FR 58666), will increase the total 
burden imposed by the TRI program on facilities that must provide the 
information. EPA has therefore initiated a number of burden reducing 
activities in the TRI program to help minimize reporting burden, while 
continuing to provide communities with high quality right-to-know 
information to meet the goals and objectives of EPCRA section 313. For 
example, EPA is developing reporting guidance, including guidance 
specifically for small businesses, which will simplify and ease 
reporting burdens. These efforts include the development of intelligent 
reporting software with built-in error checking routines and 
calculation methodologies; the development of a single facility 
identification program for facilities that report to EPA; and the 
development of guidance to facilitate more consistent use of chemical 
nomenclature, reporting units, and time frames across different 
programs.
    As a means of identifying other potential areas for reducing TRI 
reporting burden, EPA initiated an intensive stakeholder process to 
comprehensively evaluate current TRI reporting. An important part of 
this stakeholder process was a review conducted by the Toxics Data 
Reporting (TDR) Committee of the National Advisory Council on 
Environmental Policy and Technology (NACEPT). The TDR Committee report 
is available on the Internet at www.epa.gov/tri, and is also discussed 
in the proposed rule (see 64 FR 42222, at 42224). Although the TDR 
Committee did not reach final consensus on most issues, the TDR 
Committee presented various ideas for burden reduction, including the 
creation of an intelligent software program for reporters, the 
integration of reporting across programs, the provision of industry-
specific guidance, the expansion of the EPCRA section 313 exemptions, 
and options for increasing eligibility for the alternate threshold as 
certified by Form A.
    In addition to the TDR Committee report, EPA has received other 
suggestions for burden reduction in the TRI program. Although EPA has 
already requested comment on the suggestion that EPA effectively modify 
the frequency of reporting for PBT chemicals (see 64 FR 688, at 718), 
and lead and lead compounds (Unit III.C. of the proposed rule), it has 
been suggested that EPA consider changing the frequency of reporting 
under EPCRA section 313 in general, i.e., require biennial reporting. 
EPA is requesting comment on the utility of biennial reporting and 
whether that approach would provide for significant burden reduction 
for affected facilities. EPA welcomes comment on the availability of 
information that would allow the Agency to make the requisite findings 
under EPCRA section 313(i)(3)(B), especially how consideration of 
alternate reporting requirements should pertain to the facilities in 
the recently added industry sectors for which first reports have just 
recently been received, the lack of readily available information on 
EPCRA section 313 chemicals from existing sources, and what available 
information may exist to allow EPA to address the requirements of the 
law.
    EPA places great importance on reducing burden on the public and is 
currently considering the various suggestions it has received, 
including the ideas in the TDR Committee report, and others received 
from industry and other agencies. EPA welcomes additional suggestions, 
and specifically requests comment on the ideas presented in the TDR 
Committee report, particularly those that relate to burden reduction.

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: November 9, 1999.
Susan H. Wayland,
Deputy Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. 99-29716 Filed 11-12-99; 8:45 am]
BILLING CODE 6560-50-F