[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Rules and Regulations]
[Pages 13124-13125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6264]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 370
[EPA-HQ-SFUND-1998-0002; FRL 8785-3]
RIN 2050-AE17
Hazardous Chemical Reporting; Tier II Inventory Information
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA issued a final rule in the Federal Register on November 3,
2008, amending the Emergency Planning and Emergency Release
Notification and Hazardous Chemical Reporting regulations, as well as
re-writing the regulations in a plain language format. This document is
being issued to correct a technical error to the regulatory text in
Hazardous Chemical Reporting, specifically in the Tier II inventory
information section.
DATES: This final rule is effective March 26, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-SFUND-1998-0002. All documents in the docket are listed on the
http://www.regulations.gov Web site. 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. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the Superfund Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The 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 Public Reading Room is (202) 566-1744, and the
telephone number for the Superfund Docket is (202) 566-0276.
FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency
Management (OEM), Mail Code 5104A, Environmental Protection Agency,
1200 Pennsylvania Avenue, NW., Washington DC 20004; telephone number:
(202) 564-8019; fax number: (202) 564-2620; e-mail address:
[email protected]. Also contact the Superfund, TRI, EPCRA, RMP and Oil
Information Center at (800) 424-9346 or (703) 412-9810 (in the
Washington, DC metropolitan area). The Telecommunications Device for
the Deaf (TDD) number is (800) 553-7672 or (703) 412-3323 (in the
Washington, DC metropolitan area). You may wish to visit the OEM
Internet site at http://www.epa.gov/emergencies.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
The Agency included in the November 3, 2008 final rule who may be
potentially affected by this action. If you have questions regarding
the applicability of this action to a particular entity, consult the
person listed under FOR FURTHER INFORMATION CONTACT.
[[Page 13125]]
B. How can I Access Electronic Copies of this Document and Other
Related Information?
In addition to using regulations.gov, you may access this Federal
Register document electronically through the EPA Internet under the
``Federal Register'' listings at http://www.epa.gov/fedrgstr.
II. What Does This Correction Do?
This document is being issued to correct a technical error in the
regulatory text published in the final rule on November 3, 2008 (723 FR
65452), in 40 CFR 370.42(i)(8) and (9). Specifically, the November 2008
final rule amended 40 CFR parts 355 and 370, as well as rewrote the
regulations in a plain language format; the final rule is based on a
June 8, 1998 (63 FR 31268) proposed rule in which EPA proposed several
revisions to parts 355 and 370, as well as proposed to reorganize and
rewrite the regulations in a plain language format. Prior to the
November 2008 final rule, the instructions to the Tier II inventory
form in 40 CFR 370 allowed facilities to include optional attachments
with their inventory form. These optional items include: a site plan
with site coordinates, a list of site coordinate abbreviations that
correspond to buildings, lots, etc. or a description of dikes and other
safeguard measures for storage locations throughout the facility.
Although the Agency did not propose any revisions to these specific
instructions in the June 1998 proposed rule, the Agency made an error
in the November 2008 final rule, while reorganizing the instructions to
the Tier II inventory form. The Agency inadvertently listed one of the
optional items, description of dikes and other safeguard measures, as a
required item in 40 CFR 370.42(i)(9).
This document corrects this error by deleting the phrase, ``a
description of dikes and other safeguard measures for each location
listed'' from 40 CFR 370.42(i)(9), and re-inserting this phrase into 40
CFR 370.42(i)(8), which has also been re-formatted to provide greater
clarity.
III. Authority Under the Administrative Procedure Act
Section 553 of the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), provides that, when an Agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the Agency may issue a final rule without
providing notice and an opportunity for public comment. EPA has
determined that there is good cause for making this technical
correction final without prior proposal and opportunity for comment,
because this final rule corrects a technical error, adds clarity, and
does not otherwise change the original requirements of the final rule.
This section of the regulations was not proposed for any revisions in
the June 8, 1998 proposed rule; it was only proposed for a rewrite in a
plain language format. EPA finds that this constitutes good cause under
5 U.S.C. 553(b)(3)(B).
IV. Do Any of the Statutory and Executive Order Reviews Apply to This
Action?
This final rule corrects a technical error and does not otherwise
change the requirements in the final rule. As a technical correction,
this action is not subject to the statutory and Executive Order review
requirements. For information about the statutory and Executive Order
review requirements as they related to the final rule, see Section III
in the Federal Register of November 3, 2008.
V. 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 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 the publication of this final rule in the
Federal Register. This final rule is not a ``major rule'' as defined by
5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 370
Environmental protection, Chemicals, Hazardous substances,
Penalties, Reporting and recordkeeping requirements, Superfund.
Dated: March 16, 2009.
Lisa P. Jackson,
Administrator.
0
For the reasons set out in the preamble, title 40, chapter 1 of the
Code of Federal Regulations is amended as follows:
PART 370--[AMENDED]
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1. The authority citation for part 370 continues to read as follows:
Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and
329 of the Emergency Planning and Community Right-To-Know Act of
1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613, 42 U.S.C. 11002,
11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).
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2. In Sec. 370.42 revise paragraphs (i)(8) and (9) to read as follows:
Sec. 370.42 What is Tier II Inventory Information?
* * * * *
(i) * * *
(8) (i) Provide a brief description of the precise location of the
hazardous chemical at your facility. You may also attach one of the
following with your Tier II inventory form.
(A) A site plan with site coordinates indicated for buildings,
lots, areas, etc. throughout your facility.
(B) A list of site coordinate abbreviations that correspond to
buildings, lots, areas, etc. throughout your facility.
(C) A description of dikes and other safeguard measures for storage
locations throughout your facility.
(ii) Under EPCRA section 324, you may choose to withhold from
disclosure to the public the location information for a specific
chemical. If you choose to withhold the location information from
disclosure to the public, you must clearly indicate that the
information is ``confidential.'' You must provide the confidential
location information on a separate sheet from the other Tier II
information (which will be disclosed to the public), and attach the
Confidential Location Information Sheet to the other Tier II
information. Indicate any attachments you are including.
(9) Provide a brief description of the manner of storage of the
hazardous chemical, including container type, temperature and pressure
for each location listed. You must use codes that correspond to
different storage types and temperature and pressure conditions. The
storage codes are in Sec. 370.43. If the specific location for which
you are reporting storage conditions is a ``confidential'' location,
then you must report the storage conditions on a separate Confidential
Location Information Sheet.
[FR Doc. E9-6264 Filed 3-25-09; 8:45 am]
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