[Federal Register Volume 65, Number 142 (Monday, July 24, 2000)]
[Rules and Regulations]
[Pages 45535-45539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18644]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 712

[OPPTS-82055; FRL-6597-3]
RIN 2070-AB08


Preliminary Assessment Information Reporting; Addition of Certain 
Chemicals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final rule addresses the recommendations of the 42nd TSCA 
Interagency Testing Committee (ITC) Report by adding 3-amino-5-
mercapto-1,2,4-triazole, methylal, glycoluril, and ethyl silicate to 
the Toxic Substances Control Act (TSCA) section 8(a) Preliminary 
Assessment Information Reporting (PAIR) rule. The ITC recommendations 
are given priority consideration by EPA in promulgating TSCA section 4 
test rules. This PAIR rule will require manufacturers (including 
importers) of the four substances identified in this document to report 
certain production, importation, use, and exposure-related information 
to EPA.

DATES: This rule is effective on August 23, 2000. Any person who 
believes that section 8(a) reporting required by this rule is not 
warranted, should submit to EPA on or before August 7, 2000, detailed 
reasons for that belief. Any person reporting under this document must 
meet the reporting requirements no later than October 23, 2000, as 
specified in Unit V.

FOR FURTHER INFORMATION CONTACT: For general information contact: 
Barbara Cunningham, Director, Office of Program Management and 
Evaluation, Office of Pollution Prevention and Toxics (7401), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 554-1404; e-mail address: 
[email protected].
    For technical information contact: Paul Campanella, Chemical 
Control Division (7405), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 260-8130; fax number: 
(202) 401-3672; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be affected by this action if you manufacture (defined by 
statute to include import) any of the chemical substances that are 
listed in Sec. 712.30(d) of the regulatory text portion of this 
document. Entities potentially affected by this action may include, but 
are not limited to:

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                                                                                        Examples of potentially
              Category                       SIC codes               NAICS codes           affected entities
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Chemical manufacturers (including     28, 2911                 325, 32411              Persons who manufacture
 importers)                                                                             (defined by statute to
                                                                                        include import) one or
                                                                                        more of the subject
                                                                                        chemical substances.
----------------------------------------------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. The Standard Industrial Classification (SIC) codes and 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. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the technical person listed under FOR FURTHER INFORMATION 
CONTACT.

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

    1. Electronically. You may obtain electronic copies of this 
document and other documents from the EPA Internet EPA Home Page at 
http://www.epa.gov/. On the Home Page select ``Law and

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Regulations'' and then look up the entry for this document under 
``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-82055. 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 for 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. To ensure proper receipt by EPA, your comments must 
identify docket control number OPPTS-82055 in the subject line on the 
first page of your response.
    1. By mail. Submit comments to: Document Control Office (7407), 
Office of Pollution Prevention and Toxics, Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver comments to: Document Control 
Office, Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 401 M St., SW., East Tower, Rm. G-099, Washington, 
DC. The telephone number for the OPPT Document Control Office is (202) 
260-7093.
    3. Electronically. Submit your comments electronically by e-mail 
to: [email protected], or you may mail or deliver your computer disk to 
the addresses identified in Units I.C.1. or 2. Do not submit any 
information electronically that you consider to be CBI. Submit comments 
as an ASCII file, avoiding the use of special characters and any form 
of encryption. Comments will also be accepted on standard disks in 
WordPerfect 6.1/8 or ASCII file format. All copies of electronic 
comments must be identified by docket control number OPPTS-82055. 
Electronic comments may be filed online at many Federal Depository 
Libraries.

D. How Should I Handle CBI Information that I Want to Submit to the 
Agency?

    Do not submit any information electronically that you consider to 
be CBI. 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. In addition to one complete 
version of the comments that include any information claimed as CBI, a 
copy of the comments that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record by EPA without prior 
notice. If you have any questions about CBI or the procedures for 
claiming CBI, consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

II. What Action is EPA Taking?

    In this document, EPA is issuing a final TSCA section 8(a) PAIR 
rule for 3-amino-5-mercapto-1,2,4-triazole, methylal, glycoluril, and 
ethyl silicate recommended for testing in the 42nd ITC Report to the 
EPA Administrator published in the Federal Register of August 7, 1998 
(63 FR 42554) (FRL-5797-8).

III. What is the Preliminary Assessment Information Reporting 
(PAIR) Rule?

    EPA promulgated the PAIR rule in 40 CFR part 712 under section 8(a) 
of TSCA (15 U.S.C. 2607(a)). This model section 8(a) rule establishes 
standard reporting requirements for manufacturers (including importers) 
of the chemicals listed in the rule at 40 CFR 712.30. These entities 
are required to submit a one-time report on general production/
importation volume, end use, and exposure-related information using the 
Preliminary Assessment Information Manufacturer's Report (EPA Form No. 
7710-35). EPA uses this model section 8(a) rule to quickly gather 
current information on chemicals.
    This model rule provides for the automatic addition of ITC Priority 
Testing List chemicals. Whenever EPA announces the receipt of an ITC 
Report, EPA may, at the same time and without providing notice and 
opportunity for public comment, amend the model information-gathering 
rule by adding the recommended (or designated) chemicals. The amendment 
adding these chemicals to the PAIR rule is effective August 23, 2000.

IV. What Chemicals are to be Added ?

    In its 42nd Report to the EPA Administrator, the ITC recommended 3-
amino-5-mercapto-1,2,4-triazole, methylal, glycoluril, and ethyl 
silicate. These chemicals can be automatically added to the TSCA 
section 8(a) PAIR rule.
    The regulatory text (Sec. 712.30(d)) of this document adds 3-amino-
5-mercapto-1,2,4-triazole, methylal, glycoluril, and ethyl silicate to 
the PAIR rule as a result of this document.

V. Who Must Report under this PAIR Rule?

    All persons who manufactured (defined by statute to include import) 
3-amino-5-mercapto-1,2,4-triazole, methylal, glycoluril, and ethyl 
silicate identified in the regulatory text (Sec. 712.30(d)) of this 
rule during their latest complete corporate fiscal year must submit a 
EPA Form No. 7710-35 for each site at which they manufactured or 
imported a named substance. A separate form must be completed for each 
substance and submitted to the Agency as specified in 40 CFR 712.28 no 
later than October 23, 2000. Persons who have previously and 
voluntarily submitted a Manufacturer's Report to the ITC or EPA may be 
able to submit a copy of the original report to EPA or to notify EPA by 
letter of their desire to have this voluntary submission accepted in 
lieu of a current data submission. See Sec. 712.30(a)(3).
    Details of the PAIR reporting requirements, including the basis for 
exemptions, are provided in 40 CFR part 712. Copies of the form are 
available from the TSCA Environmental Assistance Division at the 
address listed under FOR FURTHER INFORMATION CONTACT. Copies of the 
PAIR form are also available electronically from the Chemical Testing 
and Information Gathering Home Page on the Internet at http://www.epa.gov/opptintr/chemtest/.

VI. Removal of Chemical Substances from the PAIR Rule

    Any person who believes that section 8(a) reporting required by 
this rule is not warranted, should promptly submit to EPA on or before 
August 7, 2000, detailed reasons for that belief. EPA, in its 
discretion, may remove the substance

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from this rule (see 40 CFR 712.30(c)). When withdrawing a chemical from 
the rule, EPA will publish a rule amendment in the Federal Register.

VII. Public Record

    The following documents constitute the public record for this rule 
under docket control number OPPTS-82055.
    1. This final rule.
    2. The Economic Analysis for this rule (February 10, 2000).
    3. The 42nd ITC Report (63 FR 42554, August 7, 1998) (FRL-5797-8).

VIII. Why is this Action Being Issued as a Final Rule?

    EPA is publishing this action as a final rule without prior notice 
and an opportunity to comment because the Agency believes that 
providing notice and an opportunity to comment is unnecessary. As 
discussed in Unit III., whenever EPA announces the receipt of an ITC 
report, EPA may, at the same time and without providing notice and 
opportunity for public comment, amend the model information-gathering 
rule by adding the recommended (or designated) chemicals. EPA finds, 
therefore, that there is ``good cause'' under section 553(b)(3)(B) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) to make 
these amendments without prior notice and comment.

IX. Economic Analysis

    The economic analysis for the addition of 3-amino-5-mercapto-1,2,4-
triazole, methylal, glycoluril, and ethyl silicate to the TSCA section 
8(a) PAIR rule is entitled ``Economic Analysis for the Addition of 4 
Chemicals Recommended for Testing in the 42nd Report of the TSCA 
Interagency Testing Committee to EPA's Preliminary Assessment 
Information Reporting (PAIR) Rule'' (February 10, 2000) (Economic 
Analysis).
    EPA's 1998 Chemical Update System (CUS) was searched to identify 
manufacturers (including importers) of 3-amino-5-mercapto-1,2,4-
triazole, methylal, glycoluril, and ethyl silicate recommended in the 
42nd ITC Report. Only three of the four chemicals were located in CUS. 
The Economic Analysis estimates governmental and industry burden and 
costs associated with this final rule based upon the data regarding the 
three chemical substances found in CUS. Nine firms were identified as 
manufacturers of the chemical at nine sites. The costs and burden 
associated with this rule are estimated in the Economic Analysis to be 
the following:
    Reporting Costs (dollars)
      Nine reports estimated at $2,034.82 per report = $18,313.40
      Total Cost = $18,313.40
      Mean cost per site/firm = $18,313.40/9 sites = $2,034.82/site
    Reporting Burden (hours)
      Rule familiarization: 7 hours/site  x  9 sites = 63 hours
      Reporting: 21.6 hours/report  x  9 reports = 194 hours
      Total burden hours = 257 hours
      Average burden per site/firm = 257 hours/9 sites = 28.6 hours/
site
    EPA Costs (dollars)
      The annual costs to the Federal Government will be approximately 
0.0227 FTEs (or 47.25 hours annually). At an estimated $75,306 per FTE, 
the total 0.0227 FTEs ($1,709.45), plus $1,834.92 for data processing, 
will cost EPA $3,544.37.

X. Regulatory Assessment Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted actions 
under TSCA section 8(a) related to the PAIR rule from the requirements 
of Executive Order 12866, entitled Regulatory Planning and Review (58 
FR 51735, October 4, 1993).

B. Executive Order 12898

    This action does not involve special considerations of 
environmental justice-related issues pursuant to Executive Order 12898, 
entitled Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).

C. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997), does not apply to this final rule, because it is not 
``economically significant'' as defined under Executive Order 12866, 
and does not concern an environmental health or safety risk that may 
have a disproportionate effect on children. This rule requires the 
reporting of production, importation, use, and exposure-related 
information to EPA by manufacturers (including importers) of certain 
chemicals recommended in the 42nd ITC Report.

D. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA), 
5 U.S.C. 601 et seq., the Agency hereby certifies that this rule will 
not have a significant impact on a substantial number of small 
entities. The factual basis for the Agency's determination is presented 
in the small entity analysis prepared as a part of the Economic 
Analysis for this rule, and is briefly summarized here. Three of the 
nine firms identified as manufacturers of chemicals affected by this 
rule met the Small Business Administration definition of a small 
business (i.e., having less than 1,000 employees when combined with any 
corporate parents). Based on the Agency's analysis, the maximum 
potential impact of this action on an individual firm is estimated to 
be less than $2,034.82, regardless of the firm's size. To determine the 
potential significance of the estimated impact of this action on the 
small firms, the Agency compared the estimated maximum potential cost 
with the estimated annual sales revenue for these firms. Based on 
currently available financial information for these firms, EPA has 
determined that this action will not result in a significant impact on 
any of these firms. Information relating to this EPA determination is 
included in the docket for this rulemaking (OPPTS-82055). Any comments 
regarding the economic impacts that this action imposes on small 
entities should be submitted to the Agency at the address listed under 
FOR FURTHER INFORMATION CONTACT.

E. Paperwork Reduction Act

    Pursuant to the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et 
seq.), an Agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information that is subject to 
approval under the PRA unless it displays a currently valid OMB control 
number. The OMB control numbers for EPA's regulations, after appearing 
in the preamble of the final rule, are listed in 40 CFR part 9, and 
included on the related collection instrument. The information 
collection activities related to this action have already been approved 
by OMB, under OMB control number 2070-0054 (EPA ICR No. 586) for PAIR 
reporting. This action does not impose any burdens requiring additional 
OMB approval. The public reporting burden for this collection of 
information is estimated to be 257 hours. Of that total, an estimated 
63 hours are spent in an initial review of the rule, and the remaining 
194 hours are associated with actual reporting activities (Economic 
Analysis). Because this rule does not contain any new information 
collection activities, additional review and approval of these 
activities by OMB under the PRA is not necessary.

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F. Unfunded Mandates Reform Act and Executive Orders 13084 and 13132

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA), Public Law 104-4, EPA has determined that this rule does not 
contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in the 
aggregate, or the private sector in any 1 year. In addition, EPA has 
determined that this rule will not significantly or uniquely affect 
small governments. Accordingly, the rule is not subject to the 
requirements of UMRA sections 202, 203, 204, or 205.
    Based on EPA's experience with past TSCA section 8(a) rulemakings, 
State, local, and tribal governments have not been impacted by these 
rulemakings, and EPA does not have any reasons to believe that any 
State, local, or tribal government will be impacted by this rulemaking. 
As a result, this action is not subject to the requirement for prior 
consultation with Indian tribal governments as specified in Executive 
Order 13084, entitled Consultation and Coordination with Indian Tribal 
Governments (63 FR 27655, May 19, 1998). Nor will this action 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 13132, entitled Federalism (64 FR 43255, August 10, 
1999).

G. National Technology Transfer and Advancement Act

    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). Section 12(d) of NTTAA directs EPA to use voluntary consensus 
standards in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies. The NTTAA directs EPA to provide Congress, through 
OMB, explanations when the Agency decides not to use available and 
applicable voluntary consensus standards. EPA invites public comment on 
the Agency's determination that this regulatory action does not require 
the consideration of voluntary consensus standards.

H. Executive Order 12988

    In issuing this rule, EPA has taken the necessary steps to 
eliminate drafting errors and ambiguity, minimize potential litigation, 
and provide a clear legal standard for affected conduct, as required by 
section 3 of Executive Order 12988, entitled Civil Justice Reform (61 
FR 4729, February 7, 1996).

I. Executive Order 12630

    EPA has complied with Executive Order 12630, entitled Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights (53 FR 8859, March 15, 1988), by examining the takings 
implications of this rule in accordance with the Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings issued under the Executive Order.

XI. Submission to Congress and the Comptroller General

    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. This determination must 
be supported by a brief statement. 5 U.S.C. 808(2). EPA has made such a 
good cause finding for this final rule, and established an effective 
date of August 23, 2000. Pursuant to 5 U.S.C. 808(2), this 
determination is supported by the brief statement in Unit VIII. EPA 
will submit a report containing this final 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 712

    Environmental protection, Chemicals, Hazardous substances, Health 
and safety, Reporting and recordkeeping requirements.

    Dated: July 12, 2000.
William H. Sanders III,
Director, Office of Pollution Prevention and Toxics.
    Therefore, 40 CFR chapter I is amended as follows:

PART 712--[AMENDED]

    1. The authority citation for part 712 continues to read as 
follows:

    Authority: 15 U.S.C. 2607(a).
    2. In Sec. 712.30, the table in paragraph (d) is amended by adding 
in numerical order by CAS number the following entries:


Sec. 712.30  Chemical lists and reporting periods.

    *    *    *    *    *
    (d)  *  *  *

 
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               CAS No.                        Substance              Effective date           Reporting date
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78-10-4                                Ethyl silicate           August 23, 2000.         October 23, 2000.
 
           *              *              *              *              *              *              *
109-87-5                               Methylal                 August 23, 2000.         October 23, 2000
 
           *              *              *              *              *              *              *
496-46-8                               Glycoluril               August 23, 2000.         October 23, 2000
 
           *              *              *              *              *              *              *
16691-43-3                             3-Amino-5-mercapto-      August 23, 2000.         October 23, 2000
                                        1,2,4-triazole
 
           *              *              *              *              *              *              *
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[FR Doc. 00-18644 Filed 7-21-00; 8:45 am]
BILLING CODE 6560-50-F