[Federal Register Volume 71, Number 244 (Wednesday, December 20, 2006)]
[Rules and Regulations]
[Pages 76204-76206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21711]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 710

[EPA-HQ-OPPT-2006-0981; FRL-8109-9]
RIN 2070-AC61


2006 Reporting Notice and Amendment; Partial Updating of TSCA 
Inventory Database; Chemical Substance Production, Processing, and Use 
Site Reports

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; Amendment; Notice of submission period extension.

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SUMMARY: EPA is amending the Toxic Substances Control Act (TSCA) 
Inventory Update Reporting (IUR) regulations by extending the 
submission deadline for 2006 reports from December 23, 2006 to March 
23, 2007. This is a one-time extension for the 2006 submission period 
only. The IUR requires manufacturers and importers of certain chemical 
substances included on the TSCA Chemical Substance Inventory to report 
current data on the manufacturing, processing, and use of the 
substances.

DATES: This final rule is effective December 20, 2006. The 2006 IUR 
submission period is extended to run from December 23, 2006 to March 
23, 2007.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPPT-2006-0981. All documents in the 
docket are listed on the regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. The EPA Docket Center (EPA/
DC) suffered structural damage due to flooding in June 2006. Although 
the EPA/DC is continuing operations, there will be temporary changes to 
the EPA/DC during the clean-up. The EPA/DC Public Reading Room, which 
was temporarily closed due to flooding, has been relocated in the EPA 
Headquarters Library, Infoterra Room (Rm. 3334) in the EPA West Bldg., 
located at 1301 Constitution Ave., NW., Washington,

[[Page 76205]]

DC. The EPA/DC 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 EPA/DC Public Reading Room is (202) 566-1744, and the telephone 
number for the OPPT Docket is (202) 566-0280. EPA visitors are required 
to show photographic identification and sign the EPA visitor log. 
Visitors to the EPA/DC Public Reading Room will be provided with an 
EPA/DC badge that must be visible at all times while in the EPA 
Building and returned to the guard upon departure. In addition, 
security personnel will escort visitors to and from the new EPA/DC 
Public Reading Room location. Up-to-date information about the EPA/DC 
is on the EPA website at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, 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: Susan Sharkey, Economics, 
Exposure, and Technology Division (7406M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8789; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

    You may be potentially affected by this action if you manufacture 
(defined by statute at 15 U.S.C. 2602(7) to include import) chemical 
substances, including inorganic chemical substances, subject to 
reporting under IUR regulations at 40 CFR part 710. Any use of the term 
``manufacture'' in this document will encompass import, unless 
otherwise stated.
    Potentially affected entities may include, but are not limited to: 
Chemical manufacturers and importers subject to IUR reporting, 
including chemical manufacturers and importers of inorganic chemical 
substances (NAICS codes 325, 32411).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. 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. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in 40 CFR 710.48. 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.

II. Background

A. What Action is the Agency Taking?

    EPA is issuing this amendment to extend the 2006 submission period 
for IUR reporting until March 23, 2007. The December 19, 2005, 
Inventory Update Reporting Revisions Final Rule designated the IUR 
submission period to be August 25, 2006 to December 23, 2006. A 
subsequent Federal Register document was published on September 11, 
2006 (71 FR 53335) (FRL-8088-5), again providing notice of the need to 
report and reiterating the August 25 to December 23, 2006, submission 
period. The Agency is taking this action in response to concerns raised 
by the regulated community about their ability to submit the required 
information within the prescribed period. Written requests to extend 
the IUR submission period are included in the docket (see ADDRESSES). 
The compelling concerns raised by industry include the timing of 
guidance finalization, issues associated with the reporting software, 
and issues associated with first-time reporting for inorganic chemical 
substances.
    1. Guidance documents. The guidance documents available to the 
regulated community prior to the submission period were draft final 
documents, which EPA did not finalize until about 2 months after the 
beginning of the submission period.
    2. Reporting software. The Agency provided reporting software for 
the regulated community to use to complete the IUR reporting form. Some 
members of the regulated community have had difficulty with the 
reporting software, resulting in the need to recompile their 
information and spend significant time troubleshooting their systems.
    3. First-time reporting for inorganic chemical substances. Members 
of the regulated community associated with the manufacturing (including 
importing) of inorganic chemical substances have many new and/or 
complex questions concerning the reportability and chemical 
identification of inorganic substances. EPA agrees that there are many 
aspects of manufacturing inorganic chemical substances that are quite 
different from those that exist in the realm of organic chemical 
substances, which had comprised the previous IUR reporting. Concerns 
were raised about the length of time needed to determine the answers to 
these complex questions.
    EPA believes it is appropriate to extend the reporting period to 
allow the reporters associated with inorganic chemical substances to 
determine their reporting obligations and to allow the regulated 
community to adjust to the new software and submit their reports.

B. What is the Agency's Authority for Taking this Action?

    The IUR rule is issued pursuant to the authority of section 8(a) of 
TSCA, 15 U.S.C. 2607(a). The regulations for this rule are located at 
40 CFR part 710, subpart C. In the Federal Register of January 7, 2003 
(68 FR 848) (FRL-6767-4), EPA promulgated extensive amendments to the 
IUR regulation (2003 Amendments) to collect exposure-related 
information associated with the manufacturing, processing, and use of 
eligible chemical substances and to make certain other changes.
    Under section 553(b)(3)(B) of the Administrative Procedure Act 
(APA), 5 U.S.C. 553(b)(3)(B), the Agency may issue a final rule without 
a prior proposal if it finds that notice and public participatory 
procedures are impracticable, unnecessary, or contrary to the public 
interest. In this case, for the extension sought, the Agency does find 
that normal notice and public process rulemaking is unnecessary.
    The Agency believes that this one-time extension is not of 
significant impact to the public. This action does not alter the 
substantive IUR reporting requirements in any way. The Agency also 
believes the one-time extension will not result in a significant delay 
in the processing and availability of IUR information to potential 
users. Further, this action is consistent with the public interest 
because it is designed to facilitate compliance with the IUR rule and 
to ensure that the 2006 collection includes accurate data on chemical 
manufacturing, processing, and use in the United States. Finally, any 
impact on the regulated community is expected to be beneficial given 
that the one-time extension provides additional time to submit IUR 
reports to EPA.
    Similarly, under section 553(d) of the APA, 5 U.S.C. 553(d), the 
Agency may make a rule immediately effective ``for good cause found and 
published with the rule.'' For the reasons discussed in this unit, EPA 
believes that there is ``good cause'' to make this amendment effective 
upon publication in the Federal Register.

[[Page 76206]]

III. Statutory and Executive Order Reviews

A. Executive Order 12866

    This action is classified as a final rule because it makes an 
amendment to the Code of Federal Regulations (CFR). The amendment to 
the CFR is necessary to allow for a one-time extension to the 2006 
reporting IUR period. This action does not impose any new requirements 
or amend substantive requirements. This action is not subject to review 
by the Office of Management and Budget (OMB) under Executive Order 
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 
1993).

B. Paperwork Reduction Act

    This final rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et seq.

C. Regulatory Flexibility Act

    Because this action does not impose any new requirements or amend 
the substantive requirements, EPA certifies this action will not have a 
significant economic impact on a substantial number of small entities 
and there will be no adverse impact on small entities resulting from 
this action under section 605(b) of the Regulatory Flexibility Act 
(RFA) (5 U.S.C. 601 et seq.)

D. Unfunded Mandates Reform Act

    This action does not impose any enforceable duty or contain any 
unfunded mandate as described under Title II of the Unfunded Mandates 
Reform Act of 1995 (UMRA) (Public Law 104-4).

E. Executive Order 13132

    The Agency has determined that this action will not have a 
substantial direct effect on States, on the relationship between the 
national government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10, 
1999). Executive Order 13132 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 action does not alter the relationships or 
distribution of power and responsibilities established by Congress.

F. Executive Order 13175

    The Agency has determined that this rule does not have any ``tribal 
implications'' as described in Executive Order 13175, entitled 
Consultation and Coordination with Indian Tribal Governments (65 FR 
22951, November 6, 2000). Executive Order 13175, 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 final rule will not have substantial direct 
effects on tribal governments, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as 
specified in Executive Order 13175. Thus, Executive Order 13175 does 
not apply to this rule.

G. Executive Order 13045

    This action does not require OMB review or any other Agency action 
under Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997).

H. Executive Order 13211

    Because this final rule is exempt from review under Executive Order 
12866 due to its lack of significance, this final rule is not subject 
to Executive Order 13211, entitled Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001).

I. National Technology Transfer 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).

J. Executive Order 12898

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

IV. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., 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 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 710

    Environmental protection, Chemicals, Hazardous materials, Inventory 
Update Reporting, IUR, Reporting and recordkeeping requirements, TSCA.


    Dated: December 15, 2006.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.

0
 Therefore, 40 CFR chapter I is amended as follows:

PART 710--[AMENDED]

0
 1. The authority citation for part 710 continues to read as follows:

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


0
2. In Sec.  710.53, revise the second sentence to read as follows:


Sec.  710.53  When to report.

    * * * The first submission period is from August 25, 2006 to March 
23, 2007.* * *
[FR Doc. E6-21711 Filed 12-19-06; 8:45 am]
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