[Federal Register Volume 68, Number 220 (Friday, November 14, 2003)]
[Rules and Regulations]
[Pages 64720-64725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28419]



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Part III





Environmental Protection Agency





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40 CFR Part 350



Trade Secrecy Claims for Emergency Planning and Community Right-to-Know 
Information; and Trade Secret Disclosures to Health Professionals; 
Amendment; Direct Final Rule and Proposed Rule

  Federal Register / Vol. 68, No. 220 / Friday, November 14, 2003 / 
Rules and Regulations  

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 350

[SFUND-1988-0002; FRL-7584-8]
RIN 2050-AF10


Trade Secrecy Claims for Emergency Planning and Community Right-
to-Know Information; and Trade Secret Disclosures to Health 
Professionals; Amendment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This direct final action amends the trade secret regulations 
to remove the incorrect addresses in the regulations for mailing trade 
secrecy claims, petitions for disclosures, and any appeals to EPA 
determinations of insufficient trade secrecy claims. This action also 
amends the regulations to remove the outdated substantiation form for 
trade secrecy claims from the code of federal regulations. The most 
current substantiation form and the correct addresses to mail the trade 
secret claims, petitions and appeals will be posted on EPA program Web 
sites.

DATES: This rule is effective on January 13, 2004, unless EPA receives 
adverse comments by December 15, 2003. If we receive such comment, EPA 
will publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect.

ADDRESSES: Comments may be submitted by mail. Comments may also be 
submitted electronically, by facsimile, or through hand delivery/
courier. Send two copies of your comments to: U.S. Environmental 
Protection Agency, EPA Docket Center (EPA/DC), Superfund Docket, 
Mailcode 5305T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, 
Attention Docket ID No. SFUND-1988-0002. Follow the detailed 
instructions as provided in Unit I.C. of the SUPPLEMENTARY INFORMATION 
section. Copies of the documents relevant to this action (Docket No. 
SFUND-1988-0002) are available for public inspection during normal 
business hours from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding federal holidays, at the Superfund Docket in the EPA Docket 
Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW., 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: For general information, contact the 
Emergency Planning and Community Right-to-Know Hotline at (800) 424-
9346 or (703) 412-9810, TDD (800) 553-7672, http://www.epa.gov/epaoswer/hotline/. For questions on the applicability of provisions 
contained in 40 CFR part 350 or on the contents of this notice, 
contact: Sicy Jacob, Chemical Emergency Preparedness and Prevention 
Office, (5104A), Environmental Protection Agency, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460, Telephone: 202-564-8019; Fax: 202-
564-8233; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Affected Entities

    Entities that may be affected by this action are those facilities 
subject to sections 303(d)(2) and (d)(3), 311, 312 and 313 of the 
Emergency Planning and Community Right-to-Know Act, specifically, those 
that wish to file trade secrecy claims for chemical identity in the 
reports submitted under these sections.

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 ID No. SFUND-1988-0002. You may also obtain 
information related to the final rule published on July 29, 1988 (53 FR 
28772) under Docket ID No. 300-PQ-TS. 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 Superfund Docket in the EPA Docket Center (EPA/DC), EPA West, Room 
B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket 
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Reading Room is (202) 566-1742, and the telephone number for the 
Superfund Docket is (202) 566-0276.
    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/.
    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. Once in the system, select ``search,'' 
then key in the appropriate docket identification 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. EPA intends to work toward 
providing electronic access to all of the publicly available docket.

C. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, by facsimile, or 
through hand delivery/courier. To ensure proper receipt by EPA, 
identify the appropriate docket identification 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 consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, 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

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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. To 
access EPA's electronic public docket from the EPA Internet Home Page, 
select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once 
in the system, select ``search,'' and then key in Docket ID No. SFUND-
1988-0002. 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 electronic mail (e-mail) to 
[email protected], Attention Docket ID No. SFUND-1988-0002. 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 two copies of your comments to: U.S. Environmental 
Protection Agency, EPA Docket Center (EPA/DC), Superfund Docket, 
Mailcode 5305T, 1200 Pennsylvania Avenue, NW, Washington, D.C., 20460, 
Attention Docket ID No. SFUND-1988-0002.
    3. By Hand Delivery or Courier. Deliver your comments to: Superfund 
Docket, EPA Docket Center, 1301 Constitution Avenue, NW., EPA West 
Building, Room B-102, Washington, DC 20004, Attention Docket ID No. 
SFUND-1988-0002. Such deliveries are only accepted during the Docket's 
normal hours of operation as identified in Unit I.B.
    4. By Facsimile. Fax your comments to: (202) 566-0224, Attention 
Docket ID. No. SFUND-1988-0002.

II. What Is the Authority for This Action?

    These regulations are issued under sections 322, 323, and 328 of 
the Emergency Planning and Community Right-to-Know Act of 1986.

III. What Is the General Background for This Action?

    The Emergency Planning and Community Right-to-Know Act contains 
provisions requiring facilities to report to State and local 
authorities, and EPA, the presence, use and releases of extremely 
hazardous substances (described in sections 302 and 304), and hazardous 
and toxic chemicals (described in sections 311, 312, and 313 
respectively). The regulations are codified in 40 CFR parts 355, 370 
and 372. A submitter may claim the chemical identity as trade secret in 
the reports submitted under sections 303, 311, 312 and 313. On July 29, 
1988 (53 FR 28772), EPA published the procedures for making trade 
secret claims. These procedures are codified in 40 CFR part 350. The 
regulations also include procedures for filing petitions requesting 
disclosure of specific chemical identities submitted and claimed as 
trade secrets by facilities. EPA also published the form and 
instructions for substantiating a trade secrecy claim in the 1988 final 
rule. The address for mailing the claims and petitions requesting 
disclosure noted in 40 CFR 350.16 and 350.27 (instructions to the 
substantiation form) is outdated due to the change in contractor 
handling trade secret claims for EPA. The correct address to mail these 
claims and petitions was announced in two recent Federal Register 
documents, October 25, 2002 (67 FR 65566) and February 6, 2003 (68 FR 
6149). It is possible that the address may change from time to time 
because the contractor managing this information for EPA may change. 
Therefore, EPA is amending 40 CFR 350.16 and 350.27 (instructions to 
the substantiation form) by giving a reference to obtain the correct 
address instead of publishing the address in the regulations.
    Section 350.17(a) contains procedures for filing an appeal to an 
EPA determination of insufficiency with the EPA General Counsel. The 
address to mail these appeals, which is noted in this section, is also 
outdated, since EPA has moved to a new location. This amendment 
reflects that change.
    All forms used to collect information must be approved and renewed 
every three years by the Office of Management and Budget (OMB) under 
the Paperwork Reduction Act. Each approved and renewed substantiation 
form contains an OMB approval expiration date. The form also contains a 
Paperwork Reduction Act Notice, which provides a paperwork burden 
estimate for completing this form and an address for submitting 
comments on this burden estimate or any other aspect associated with 
the collection of this information. The OMB approval expiration date, 
the burden estimate and the address to submit comments that are on the 
substantiation form currently published in EPA's regulation at 40 CFR 
350.27 are outdated. Since the OMB approval expiration date will change 
every three years, and the burden estimate and the address for 
submitting comments may change from time to time, EPA is revising 40 
CFR 350.27 to remove the outdated substantiation form and provide 
references for obtaining the most current substantiation form.
    EPA is publishing this rule without prior proposal because we view 
this as a noncontroversial amendment and anticipate no adverse comment. 
This action only corrects addresses for submitting trade secrecy claims 
and petitions for disclosures, and for appealing determinations of 
insufficient trade secrecy claims. These corrections are due to the 
change of address and location of contractor handling trade secrecy 
claims as well as EPA location. The only other change is to remove an 
outdated trade secret substantiation form. This action does not change 
any regulatory burden on any of the facilities subject to the 
regulations in 40 CFR part 350. However, in the ``Proposed Rules'' 
section of today's Federal Register publication, we are publishing a 
separate document that will serve as the proposal to amend the trade 
secret regulations to remove the incorrect addresses and outdated 
substantiation form. This rule will be effective on January 13, 2004 
without further notice unless we receive adverse comment by December 
15, 2003. If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. We will address all public comments in a 
subsequent final rule based on the proposed rule. We will not institute 
a second comment period on this action. Any parties interested in 
commenting must do so at this time.

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IV. What Are the Revisions?

    Under section 322(f) of EPCRA and EPA's regulation at 40 CFR 
350.23, EPA has the authority to disclose information to authorized 
representatives of the United States. Contractors and subcontractors 
who are hired to perform work for EPA in connection with EPCRA or 
regulations which implement EPCRA may be considered authorized 
representatives of the United States. EPA may engage contractors to 
assist with the handling and management of information submitted under 
EPCRA. The EPA contractor that handles trade secret claims submitted by 
facilities may change as the contract is recompeted and therefore the 
address for mailing the claims may change. The Agency is revising Sec.  
350.16 to provide a reference to obtain the correct address to mail 
trade secrecy claims and petitions for disclosure of information 
claimed as trade secret instead of publishing the address in the 
regulation. The address that appears in the current Sec.  350.16 is for 
a contractor that is no longer authorized to handle trade secret 
claims. Any claims or petitions mailed to that address are forwarded to 
a new contractor as specified in the October 25, 2002 and February 6, 
2003 Federal Register notices.
    The EPA address in Sec.  350.17(a) where a submitter may file an 
appeal to an EPA determination with the EPA General Counsel under Sec.  
350.11(a)(2)(i) or (b)(2)(i) is not correct. EPA has moved to a new 
location, and the amendment to this section reflects that change.
    The third revision in the rule is to remove the substantiation form 
from Sec.  350.27. Under the Paperwork Reduction Act, every federal 
agency must obtain approval from the Office of Management and Budget 
(OMB) before information can be collected from 10 or more members of 
the public. Since the substantiation form is used to collect 
information from facilities submitting trade secrecy claims, the Agency 
must prepare and submit to OMB for approval an Information Collection 
Request (ICR). The substantiation form contains the expiration date of 
OMB's approval. It also contains the burden estimate for completing 
this form and an address for submitting comments on the estimate or any 
other aspect associated with collection of this information. OMB 
usually approves the ICR and forms used to collect information for 
three years. EPA must then seek a renewal of the ICR and forms before 
the end of the three-year period; otherwise authority for collection of 
the information expires. The substantiation form that is currently 
printed in the Code of Federal Regulations shows an approval expiration 
date of October 31, 1990. The ICR and the substantiation form have been 
renewed several times since October 1990. That form also provides 
outdated information on the burden estimate. Further, because EPA has 
moved to a new location, the address on that form for submitting 
comments is incorrect. Since the renewal takes place every three years, 
rather than amending the regulations to reflect the new approval 
expiration date and any other change to the form every three years, the 
Agency is removing the outdated form from the Code of Federal 
Regulations and post the most current approved substantiation form on 
the EPA Program offices' Web sites, Chemical Emergency Preparedness and 
Prevention Office), http://www.epa.gov/ceppo and Toxics Release 
Inventory Program Division, http://www.epa.gov/tri. The form can also 
be obtained by contacting National Service Center for Environmental 
Publications (NSCEP) at (800) 490-9198 or (513) 489-8190.
    Also, the mailing address for trade secrecy claims as required in 
the Instructions for completing the EPA Trade Secret Substantiation 
Form (Sec.  350.27) is also outdated. This amendment identifies the Web 
sites that provide the mailing address for submitting trade secrecy 
claims.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, (58 FR 51735, October 4, 1993) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) Create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) Materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
Raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.''
    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review. This action only corrects 
addresses for submitting trade secrecy claims and petitions for 
disclosures, and for appealing determinations of insufficient trade 
secrecy claims. These corrections are due to the change of address and 
location of contractor handling trade secrecy claims as well as EPA 
location. The only other change is to remove an outdated trade secret 
substantiation form. This action does not change any regulatory burden 
on any of the facilities subject to the regulations in 40 CFR part 350.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This action is only amending the regulations to provide the correct 
address to mail trade secrecy claims and petitions for disclosure, and 
any appeals to EPA determinations of insufficient trade secrecy claims. 
Also, the Agency is removing the substantiation form from the Code of 
Federal Regulations and post the current form on the program offices' 
Web sites. However, the Office of Management and Budget (OMB) has 
previously approved the information collection requirements contained 
in the existing regulations 40 CFR part 350 under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB 
control number 2050-0078, EPA ICR number 1428.05. A copy of the OMB 
approved Information Collection Request (ICR) may be obtained from 
Susan Abby, Collection Strategies Division; U.S. Environmental 
Protection Agency (2822T); 1200 Pennsylvania Ave., NW., Washington, DC 
20460 or by calling (202) 566-1672.
    Burdens means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.

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    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et. seq, generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, a small entity is defined as: (1) A small business that is 
defined by the Small Business Administration by category of business 
using North American Industrial Classification System (NAICS) and 
codified at 13 CFR 121.201; (2) a small governmental jurisdiction that 
is a government of a city, county, town, school district or special 
district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    In determining whether a rule has a significant economic impact on 
a substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the proposed rule on small entities.'' 5 U.S.C. 603 
and 604. Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burden, or otherwise has a positive 
economic effect on all of the small entities subject to the rule.
    After considering the economic impacts of today's action on small 
entities, I certify that this rule will not have any economic impact on 
small entities. This action is only amending the regulations to provide 
the correct address to mail trade secrecy claims and petitions for 
disclosure, and any appeals to EPA determinations of insufficient trade 
secrecy claims. Also, the Agency is removing the substantiation form 
from the code of federal regulations and post the current form on the 
program offices' Web sites.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    Today's rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector. This action is only amending the 
regulations to provide the correct addresses to mail trade secrecy 
claims, petitions for disclosures, and any appeals to EPA 
determinations of insufficient trade secrecy claims. Also, the Agency 
is removing the substantiation form from the code of federal 
regulations and post the current form on the program offices' Web 
sites.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the 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.''
    This rule does not have federalism implications. It will not have 
substantial direct effects on the 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. This action is only amending the 
regulations to provide the correct address to mail trade secrecy claims 
and petitions for disclosure, and any appeals to EPA determinations of 
insufficient trade secrecy claims. Also, the Agency is removing the 
substantiation form from the code of federal regulations and post the 
current form on the program offices' Web sites. Thus, Executive Order 
13132 does not apply to this rule.

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' This proposed rule does not 
have tribal implications, as specified in Executive Order 13175. This 
proposed rule is only amending the regulations to provide the correct 
address to mail trade secrecy claims and petitions for disclosure, and 
any appeals to EPA determinations of insufficient trade secrecy claims. 
Also, the Agency is proposing to remove the substantiation form from 
the code of federal regulations and post the current form on the 
program offices' Web sites. Thus, Executive Order 13175 does not apply 
to this rule.
    EPA specifically solicits additional comment on this proposed rule 
from tribal officials.

[[Page 64724]]

G. Executive Order 13045: Protection of Children From Environmental 
Health & Safety Risks

    ``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under 12866, 
and (2) concerns an environmental health or safety risk that EPA has 
reason to believe may have a disproportionate effect on children. If 
the regulatory action meets both criteria, the Agency must evaluate the 
environmental health or safety effects of the planned rule on children, 
and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency. This action is not subject to Executive Order 13045 
because it is not an economically significant regulatory action as 
defined by Executive Order 12866 and (b) this action does not involve 
any environmental health or safety risks, therefore does not have a 
disproportionate effect on children.
    In today's action, the Agency is only amending certain parts of the 
regulations in 40 CFR part 350 to remove an outdated substantiation 
form and correct the addresses to where the trade secrecy claims, 
petitions for disclosure, and appeals to determinations of insufficient 
trade secrecy claims can be mailed.

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

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Pub. L. 104-113, section 12(d) (15 U.S.C. 272 
note) 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.
    This rulemaking does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards.

J. 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective December 15, 2003 unless EPA 
receives adverse comments by December 15, 2003. If we receive such 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect.

List of Subjects in 40 CFR Part 350

    Environmental protection, Chemicals, Confidential business 
information, Hazardous substances, Intergovernmental relations, 
Reporting and recordkeeping requirements.

    Dated: November 3, 2003.
Marianne L. Horinko,
Acting Administrator.

0
For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 350--TRADE SECRECY CLAIMS FOR EMERGENCY PLANNING AND COMMUNITY 
RIGHT-TO-KNOW INFORMATION: AND TRADE SECRET DISCLOSURES TO HEALTH 
PROFESSIONALS

0
1. The authority citation for part 350 continues to read as follows:

    Authority: 42 U.S.C. 11042, 11043, and 11048 Pub. L. 99-499, 100 
Stat. 1747.

0
2. Section 350.16 is revised to read as follows:


Sec.  350.16  Address to send trade secrecy claims and petitions 
requesting disclosure.

    The address and location to send all claims of trade secrecy under 
sections 303(d)(2) and (d)(3), 311, 312, and 313 of Title III and all 
public petitions requesting disclosure of chemical identities claimed 
as trade secret are posted on the following EPA Program Web sites, 
http://www.epa.gov/ceppo and http://www.epa.gov/tri. Any subsequent 
changes to the address and location will be announced in Federal 
Register Notices as these changes occur. Also, the changes will be 
posted on these Web sites. Submitters may also contact the Emergency 
Planning and Community Right-to-Know Hotline at (800) 424-9346 or (703) 
412-9810, TDD (800) 553-7672, http://www.epa.gov/epaoswer/hotline/ to 
obtain this information.

0
3. Section 350.17 is amended by revising paragraph (a) introductory 
text to read as follows:


Sec.  350.17  Appeals.

    (a) Procedure for filing appeal. A submitter may appeal an EPA 
determination under Sec.  350.11(a)(2)(i) or (b)(2)(i), by filing an 
appeal with the General Counsel. The appeal shall be addressed to: The 
Office of General Counsel, U.S. Environmental Protection Agency, 
Mailcode 2310A, 1200 Pennsylvania Avenue, NW., Washington DC 20460.
* * * * *

0
4. Section 350.27 is amended by revising paragraph (a) and in paragraph 
(b) under the heading ``Where to Send the Trade Secrecy Claim'' to read 
as follows:


Sec.  350.27  Substantiation form to accompany claims of trade secrecy, 
instructions to substantiation form.

    (a) The substantiation form to accompany claims of trade secrecy 
must be completed and submitted as required in Sec.  350.7(a). The form 
is posted on the Chemical Emergency Preparedness and Prevention Office 
Web site, http://www.epa.gov/ceppo and the Toxics Release Inventory 
Program Division Web site, http://www.epa.gov/tri. Submitters may also 
contact the National Service Center for Environmental Publications 
(NSCEP) at (800) 490-9198 or (513) 489-8190 to obtain the form.
    (b) * * *

Where To Send the Trade Secrecy Claim

    The address to send all trade secrecy claims is posted on the 
following EPA Program Web sites, http://www.epa.gov/ceppo and http://www.epa.gov/tri. This information can also be obtained by contacting 
the Emergency Planning and Community Right-to-Know Hotline at (800) 
424-9346 or (703) 412-9810, TDD

[[Page 64725]]

(800) 553-7672, http://www.epa.gov/epaoswer/hotline/.

* * * * *
[FR Doc. 03-28419 Filed 11-13-03; 8:45 am]
BILLING CODE 6560-50-P