[Federal Register Volume 68, Number 112 (Wednesday, June 11, 2003)]
[Rules and Regulations]
[Pages 34832-34838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14749]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 712

[OPPT-2002-0061; FRL-7306-7]


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 request of the Toxic Substances 
Control Act (TSCA) Interagency Testing Committee (ITC) in its 48\th\ 
Report, as modified in its 50\th\ and 51\st\ ITC Reports, by adding 
benzenamine, 3-chloro-2,6-dinitro-N,N-dipropyl-4-(trifluoromethyl)- to 
the TSCA section 8(a) Preliminary Assessment Information Reporting 
(PAIR) rule. It also addresses the request of the ITC in its 50\th\ 
Report by adding stannane, dimethylbis[(1-oxoneodecyl)oxy]-; benzene, 
1,3,5-tribromo-2-(2-propenyloxy)-; and 1-triazene, 1,3-diphenyl- to the 
PAIR rule. Finally, it addresses the request of the ITC in its 51\st\ 
Report by adding 43 vanadium compounds to the PAIR rule. This PAIR rule 
will require manufacturers (including importers) of these 47 Chemical 
Abstract Service (CAS)-numbered chemicals added to the ITC's TSCA 
section 4(e) Priority Testing List to submit certain production, 
importation, use, and exposure-related information to EPA.

DATES:  This final rule is effective on July 11, 2003.
    Any person who believes that TSCA section 8(a) reporting required 
by this

[[Page 34833]]

rule is not warranted, should promptly submit to EPA on or before June 
25, 2003, detailed reasons for that belief.
    See Unit II.D. of the SUPPLEMENTARY INFORMATION concerning the 
submission date for those manufacturers required to submit PAIR Forms.

ADDRESSES:  Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:  For general information contact: 
Barbara Cunningham, Director, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
    For technical information contact: Gerry Brown, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 564-4780; fax 
number: (202) 564-4765; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially 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:

    [sbull] Chemical manufacturers (including importers), (NAICS 325, 
32411), e.g., persons who manufacture (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 North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether 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 Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPPT-2002-0061. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the EPA Docket Center, Rm. 
B102-Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, 
DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The EPA Docket Center Reading 
Room telephone number is (202) 566-1744 and the telephone number for 
the OPPT Docket, which is located in EPA Docket Center, is (202) 566-
0280.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/. A frequently updated 
electronic version of 40 CFR part 712 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr712_00.html, a 
beta site currently under development.
    Copies of the PAIR Form are also available electronically from the 
Chemical Testing and Information Branch Home Page on the Internet at 
http://www.epa.gov/opptintr/chemtest/pairform.pdf .
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B.1. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to

[[Page 34834]]

consider these late comments. If you wish to submit CBI or information 
that is otherwise protected by statute, please follow the instructions 
in Unit I.D. Do not use EPA Dockets or e-mail to submit CBI or 
information protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPPT-2002-0061. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPPT-2002-0061. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Document Control Office (7407M), 
Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
    3. By hand delivery or courier. Deliver your comments to: OPPT 
Document Control Office (DCO) in EPA East Bldg., Rm. 6428, 1201 
Constitution Ave., NW., Washington, DC. Attention: Docket ID Number 
OPPT-2002-0061. 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) 564-8930.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is 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 comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the technical person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve this final rule or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What Action is the Agency Taking?

    EPA is issuing a final TSCA section 8(a) PAIR rule which will 
require manufacturers (including importers) of 47 CAS-numbered 
chemicals added to the ITC's TSCA section 4(e) Priority Testing List to 
submit production and exposure reports. The regulatory text of this 
rule lists the 47 chemicals that are being added to the PAIR rule.

B. What is the Agency's Authority?

    EPA promulgated the PAIR rule in 40 CFR part 712 under TSCA section 
8(a) (15 U.S.C. 2607(a)). This model TSCA section 8(a) rule establishes 
standard reporting requirements for manufacturers (including importers) 
of the chemicals listed in the rule at Sec.  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 PAIR Form 
entitled Manufacturer's Report-Preliminary Assessment Information (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 TSCA section 
4(e) Priority Testing List chemicals. Whenever EPA announces the 
receipt of an ITC report, EPA may, at the same time 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 July 11, 
2003.

C. What Chemicals are to be Added ?

    In this document, EPA is adding 47 chemicals to the TSCA section 
8(a) PAIR rule. This document addresses the request of the ITC in its 
48\th\ Report (Ref.

[[Page 34835]]

1), as modified in its 50\th\ ITC Report (Ref. 2) and 51\st\ ITC Report 
(Ref. 3), by adding benzenamine, 3-chloro-2,6-dinitro-N,N-dipropyl-4-
(trifluoromethyl)- (CAS No. 29091-20-1) to the PAIR rule.This document 
also addresses the request of the 50\th\ ITC Report by adding stannane, 
dimethylbis[(1-oxoneodecyl)oxy]- (CAS No. 68928-76-7); benzene, 1,3,5-
tribromo-2-(2-propenyloxy)- (CAS No. 3278-89-5); and 1-triazene, 1,3-
diphenyl- (CAS No.136-35-6) to the PAIR rule. Finally, this document 
addresses the request of the 51\st\ ITC Report by adding 43 vanadium 
compounds which are listed in the amendment to Sec.  712.30(e) of this 
document.

D. Who Must Report Under this PAIR Rule?

    All persons who manufactured (defined by statute to include import) 
the chemicals identified in the regulatory text of this document during 
their latest complete corporate fiscal year must submit a PAIR Form 
(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 Sec.  712.28 no 
later than September 9, 2003. Persons who have previously and 
voluntarily submitted a PAIR Form 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 PAIR Form 
are available from the 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 Branch Home Page on the Internet at http://www.epa.gov/opptintr/chemtest/pairform.pdf .

E. How is a Chemical Substances Removed 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 
June 25, 2003, detailed reasons for that belief. EPA, in its 
discretion, may remove the substance from this rule (see Sec.  
712.30(c)). When withdrawing a chemical from the PAIR rule, EPA will 
publish a final rule amending the PAIR rule in the Federal Register.

F. References

    The following documents constitute the public record for this rule 
under docket ID number OPPT-2002-0061.
    1. ITC. 2001. Forty-Eighth Report of the ITC. Federal Register (66 
FR 51276, October 5, 2001) (FRL-6786-7). Available online at http://www.epa.gov/fedrgstr/.
    2. ITC. 2002. Fiftieth Report of the ITC. Federal Register (67 FR 
49530, July 30, 2002) (FRL-7183-7). Available online at http://www.epa.gov/fedrgstr/.
    3. ITC. 2003. Fifty-first Report of the ITC. Federal Register (68 
FR 8976, February 26,2003) (FRL-7183-7). Available online at http://www.epa.gov/fedrgstr/.
    4. EPA. 2003. Economic Analysis for the Addition of 47 Chemical 
Abstract Service (CAS)-numbered Chemicals Requested to be added to 
EPA's Preliminary Assessment Information Reporting (PAIR) Rule in the 
48\th\, 50\th\, and 51\st\ Reports of the TSCA Interagency Testing 
Committee. April 18, 2003.

G. 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.

H. Economic Analysis

    The economic analysis for the addition of the 47 chemicals to the 
TSCA section 8(a) PAIR rule is entitled, ``Economic Analysis for the 
Addition of 47 Chemical Abstract Service (CAS)-numbered Chemicals 
Requested to be added to EPA's Preliminary Assessment Information 
Reporting (PAIR) Rule in the 48\th\, 50\th\, and 51\st\ Reports of the 
TSCA Interagency Testing Committee'' (Ref. 4). Seven of the 47 
chemicals were located in EPA's 1998 Chemical Update System (CUS) 
utilizing the ITC-supplied CAS numbers, yielding 6 companies producing 
these chemicals at 7 sites. Because the threshold for reporting to CUS 
under the Inventory Update Rule is 10,000 lbs., and the threshold for 
PAIR reporting is 500 kg (1,100 lbs.), and because there is no 
requirement that inorganic chemicals be reported to CUS (the majority 
of the vanadium compounds are inorganic), EPA assumed that one 
manufacturer exists per chemical to account for the possibility that 
there may be manufacturers producing PAIR-reportable amounts that 
weren't captured by CUS. But EPA has no way of ascertaining this, a 
fact which highlights the need for PAIR reporting on these chemicals. 
Given the assumptions in this unit, the costs and burden associated 
with this rule are estimated in the Economic Analysis (Ref. 4) to be 
the following:

Reporting Costs (dollars)
    47 reports estimated at [cost] per report = $1465.88
    Total Cost = $61537.12
    Mean cost per site/firm = $61537.12/47 sites = $1465.88
Reporting Burden (hours)
    Rule familiarization: 7 hours/site x 47 sites =329 hours
    Reporting:1001.3 hours
    Total burden hours = 1330.3 hours
    Average burden per site/firm = 1330.3 hours/37 sites = 28.3 hours/
site
EPA Costs (dollars)
    It is estimated that the annual cost to the Federal Government will 
be $10,226.11 (47 reports x $217.58), plus 0.0176 Full Time Equivalent 
Employees (FTEs). At an estimated $91,873.60 per FTE, the total of 
0.1186 FTEs will cost EPA $10,898.95 in salaries, bringing the total 
costs to the Federal Government to $21,125.06 (i.e., $10,226.11 + 
$10,898.95) (Ref. 4).

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    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. 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

[[Page 34836]]

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 1330.3 hours (Ref. 4). Of that total, an 
estimated 329 hours are spent in an initial review of the rule, and the 
remaining 1001.3 hours are associated with actual reporting activities 
(Ref. 4). 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.

C. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA) and the Small Business 
Enforcement Fairness Act (SBREFA), EPA is required to consider whether 
a regulatory action will have a significant adverse impact on small 
entities. Both the RFA and SBREFA require EPA to determine whether a 
rulemaking may result in ``significant economic impact on requirements 
of the rule on a substantial number of small entities,'' and if so, to 
tailor the requirements of the rule to mitigate such impacts, while 
still maintaining a high level of environmental protection.
    The small business size standards promulgated by the Small Business 
Administration (SBA) (61 FR 3280, 3289-3291, January 31, 1996) for 
chemical manufacturers are based solely on the number of employees, 
with a base threshold of 1,000 employees for the ultimate corporate 
parent, under which all businesses are considered small. Of the 47 
businesses assumed to be affected by this rule, none meet this 
definition of small business. Thus, EPA has determined that this rule 
will not impose a significant impact on a substantial number of small 
entities. Information relating to this EPA determination is included in 
the docket for this rule (OPPT-2002-0061). Any comments regarding the 
economic impacts that this action imposes on small entities should be 
submitted to the Agency at any time after June 11, 2003 using the 
methods discussed in Unit I.C.

D. Unfunded Mandates Reform Act

    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 one 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.

E. Executive Order 13132: Federalism

    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 13132, entitled 
Federalism (64 FR 43255, August 10, 1999).

F. Executive Order 13175: Consultation and Coordination with Indian 
Tribal Governments

    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 13175, entitled Consultation and Coordination with Indian Tribal 
Governments (65 FR 67249, November 6, 2000).

G. Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (52 FR 19855, April 23, 
1997), does not apply to this 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 
requested by the ITC to be added to the PAIR rule in its 48\th\ ITC 
Report (Ref. 1), in its 50\th\ ITC Report (Ref. 2), and its 51\st\ ITC 
Report (Ref. 3).

H. Executive Order 13211: Actions that Significantly Affect Energy 
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, entitled Actions 
that Significantly Affect Energy Supply, Distribution, or Use (66 FR 
28355, May 22, 2001), because this action is not expected to affect 
energy supply, distribution, or use.

I. 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.

J. Executive Order 12898: Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations

    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).

K. Executive Order 12630: Governmental Actions and Interference with 
Constitutionally Protected Property Rights

    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.

L. Executive Order 12988: Civil Justice Reform

    In issuing this rule, EPA has taken the necessary steps to 
eliminate drafting

[[Page 34837]]

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).

M. Congressional Review Act

    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. 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 rule 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: June 3, 2003.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.
    Therefore, 40 CFR chapter I is amended as follows:

PART 712--[AMENDED]

0
 1. The authority citation for part 712 continues to read as follows:

    Authority:  15 U.S.C. 2607(a).


0
2. In Sec.  712.30, the table in paragraph (d) is amended by adding the 
chemicals: ``Benzenamine, 3-chloro-2,6-dinitro-N,N-dipropyl-4-
(trifluoromethyl)-;'' ``stannane, dimethylbis[(1-oxoneodecyl)oxy]-;'' 
``benzene, 1,3,5-tribromo-2-(2-propenyloxy)-;'' and ``1-triazene, 1,3-
diphenyl-'' listed in ascending CAS number order to read as follows:


Sec.  712.30  Chemical lists and reporting periods.

* * * * *
    (d) * * *

----------------------------------------------------------------------------------------------------------------
           CAS No.                   Substance               Effective date                Reporting date
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
136-35-6                       1-Triazene, 1,3-                      July 11, 2003             September 9, 2003
                                diphenyl-.
                                                  * * * * * * *
3278-89-5                      Benzene, 1,3,5-                       July 11, 2003             September 9, 2003
                                tribromo-2-(2-
                                propenyloxy)-.
                                                  * * * * * * *
29091-20-1                     Benzenamine, 3-chloro-                July 11, 2003             September 9, 2003
                                2,6-dinitro-N,N-
                                dipropyl-4-
                                (trifluoromethyl)-.
                                                  * * * * * * *
68928-76-7                     Stannane,                             July 11, 2003             September 9, 2003
                                dimethylbis[(1-
                                oxoneodecyl)oxy]-.
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. In Sec.  712.30, the table in paragraph (e) is amended by adding in 
alphabetical order the category ``Vanadium Compounds'' to read as 
follows:


Sec.  712.30  Chemical lists and reporting periods.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
           CAS No.                   Substance               Effective date                Reporting date
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
Vanadium compounds:
1314-34-7....................  Vanadium oxide (V2O3)                 July 11, 2003             September 9, 2003
                                [Vanadium trioxide].
1314-62-1....................  Vanadium oxide (V2O5)                 July 11, 2003             September 9, 2003
                                [Vanadium pentoxide].
1686-22-2....................  Vanadium,                             July 11, 2003             September 9, 2003
                                triethoxyoxo-, (T-4)-
                                 [Triethyl
                                orthovanadate].
3153-26-2....................  Vanadium, oxobis (2,4-                July 11, 2003             September 9, 2003
                                pentanedionato-
                                .kappa.O,.kappa.O')-
                                , (SP-5-21)-.
5588-84-1....................  Vanadium, oxotris(2-                  July 11, 2003             September 9, 2003
                                propanolato)-, (T-4)-
                                 [Vanadium
                                triisopropoxide
                                oxide].
7440-62-2....................  Vanadium.............                 July 11, 2003             September 9, 2003
7632-51-1                      Vanadium chloride                     July 11, 2003             September 9, 2003
                                (VCl4), (T-4)-
                                [Vanadium
                                tetrachloride].
 
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
7727-18-6....................  Vanadium,                             July 11, 2003             September 9, 2003
                                trichlorooxo-, (T-4)-
                                 [Vanadium
                                oxytrichloride].
7803-55-6....................  Vanadate (VO31-),                     July 11, 2003             September 9, 2003
                                ammonium [Ammonium
                                metavanadate].
10049-16-8...................  Vanadium fluoride                     July 11, 2003             September 9, 2003
                                (VF4) [Vanadium
                                tetrafluoride].
10213-09-9...................  Vanadium, dichlorooxo-                July 11, 2003             September 9, 2003
                                 [Vanadyl
                                dichloride].
10580-52-6...................  Vanadium chloride                     July 11, 2003             September 9, 2003
                                (VCl2) [Vanadium
                                dichloride].
11099-11-9...................  Vanadium oxide                        July 11, 2003             September 9, 2003
                                [Polyvanadic acid].
11115-67-6...................  Ammonium vanadium                     July 11, 2003             September 9, 2003
                                oxide.
11130-21-5...................  Vanadium carbide.....                 July 11, 2003             September 9, 2003
12007-37-3...................  Vanadium boride (VB2)                 July 11, 2003             September 9, 2003
12035-98-2...................  Vanadium oxide (VO)..                 July 11, 2003             September 9, 2003
12036-21-4...................  Vanadium oxide (VO2).                 July 11, 2003             September 9, 2003
12070-10-9...................  Vanadium carbide (VC)                 July 11, 2003             September 9, 2003

[[Page 34838]]

 
12083-48-6...................  Vanadium, dichlorobis                 July 11, 2003             September 9, 2003
                                (.eta.5-2,4-
                                cyclopentadien-1-yl)-
                                .
12166-27-7...................  Vanadium sulfide (VS)                 July 11, 2003             September 9, 2003
12439-96-2...................  Vanadium,                             July 11, 2003             September 9, 2003
                                oxo[sulfato(2-)-
                                .kappa.O]-,
                                pentahydrate
                                [Vanadyl sulfate
                                (VOSO4),
                                pentahydrate].
12604-58-9...................  Vanadium alloy, base,                 July 11, 2003             September 9, 2003
                                V,C,Fe
                                (Ferrovanadium).
13470-26-3...................  Vanadium bromide                      July 11, 2003             September 9, 2003
                                (VBr3).
13476-99-8...................  Vanadium, tris(2,4-                   July 11, 2003             September 9, 2003
                                pentanedionato-
                                .kappa.O,.kappa.O')-
                                , (OC-6-11)-
                                [Vanadium
                                tris(acetylacetonate
                                )].
13497-94-4...................  Silver vanadium oxide                 July 11, 2003             September 9, 2003
                                (AgVO3).
13517-26-5                     Sodium vanadium oxide                 July 11, 2003             September 9, 2003
                                (Na4V2O7) [Sodium
                                pyrovanadate].
 
======================================================
13721-39-6...................  Sodium vanadium oxide                 July 11, 2003             September 9, 2003
                                (Na3VO4) [Sodium
                                orthovanadate].
13769-43-2...................  Vanadate (VO31-),                     July 11, 2003             September 9, 2003
                                potassium [Potassium
                                metavanadate].
13930-88-6...................  Vanadium, oxo[29H,31H-                July 11, 2003             September 9, 2003
                                 phthalocy aninato(2-
                                )-
                                *COM001*.kappa.N29,
                                .kappa.N30,
                                .kappa.N31,
                                .kappa.N32]-, (SP-5-
                                12)-.
14059-33-7...................  Bismuth vanadium                      July 11, 2003             September 9, 2003
                                oxide (BiVO4).
19120-62-8...................  Vanadium, tris(2-                     July 11, 2003             September 9, 2003
                                methyl-1-
                                propanolato)oxo-, (T-
                                4)- [Isobutyl
                                orthovanadate].
24646-85-3...................  Vanadium nitride (VN)                 July 11, 2003             September 9, 2003
27774-13-6...................  Vanadium,                             July 11, 2003             September 9, 2003
                                oxo[sulfato(2-)-
                                .kappa.O]- [Vanadyl
                                sulfate].
30486-37-4...................  Vanadium hydroxide                    July 11, 2003             September 9, 2003
                                oxide (V(OH)2O).
39455-80-6...................  Ammonium sodium                       July 11, 2003             September 9, 2003
                                vanadium oxide.
53801-77-7...................  Bismuth vanadium                      July 11, 2003             September 9, 2003
                                oxide.
65232-89-5...................  Vanadium hydroxide                    July 11, 2003             September 9, 2003
                                oxide phosphate.
68130-18-7...................  Vanadium hydroxide                    July 11, 2003             September 9, 2003
                                oxide phosphate
                                (V6(OH)3O3(PO4)7).
68815-09-8...................  Naphthenic acids,                     July 11, 2003             September 9, 2003
                                vanadium salts.
68990-29-4...................  Balsams, copaiba,                     July 11, 2003             September 9, 2003
                                sulfurized, vanadium
                                salts.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 03-14749 Filed 6-10-03; 8:45 am]
BILLING CODE 6560-50-S