[Federal Register Volume 74, Number 143 (Tuesday, July 28, 2009)]
[Pages 37224-37225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17944]

[[Page 37224]]



[EPA-HQ-OPPT-2008-0848; FRL-8392-4]

TSCA Chemical Substance Inventory Update; Changing Certain 
Chemical Substances Identities from Confidential to Non-Confidential

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: EPA is updating the Toxics Substances Control Act (TSCA) 
Chemical Substance Inventory (TSCA Inventory) Master File to list 530 
chemical substances as non-confidential on the TSCA Inventory that were 
previously listed as confidential. This action is necessary because 
these chemical substances no longer qualify for listing as confidential 
on the TSCA Inventory.

DATES: This update is effective July 22, 2009.
    These chemical substances will be listed on public versions of the 
TSCA Inventory on or after August 3, 2009.

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: Scott Sherlock, Environmental 
Assistance Division (7408M), Office Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 564-8257; e-mail 
address: sherlock.scott @epa.gov.


I. General Information

A. Does this Action Apply to Me?

     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 TSCA. Potentially affected entities identified by their 
North American Industrial Classification System (NAICS) codes may 
include, but are not limited to:
     Chemical manufacturers and importers, including chemical 
manufacturers and importers of inorganic chemical substances (NAICS 
codes 325 and 32411). You may also be potentially affected by this 
action if you are a user of information generated under TSCA.
     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 or interested in this action. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the technical person listed under FOR FURTHER INFORMATION 

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under 
docket identification (ID) number EPA-HQ-OPPT-2008-0848. All documents 
in the docket are listed in the docket index available at http://www.regulations.gov. 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, will be publicly 
available only in hard copy. Publicly available docket materials are 
available electronically at http://www.regulations.gov, or, if only 
available in hard copy, at the OPPT Docket. The OPPT Docket is located 
in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 
Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room 
hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding Federal holidays. The telephone number of the EPA/DC Public 
Reading Room is (202) 566-1744, and the telephone number for the OPPT 
Docket is (202) 566-0280. Docket visitors are required to show 
photographic identification, pass through a metal detector, and sign 
the EPA visitor log. All visitor bags are processed through an X-ray 
machine and subject to search. Visitors will be provided an EPA/DC 
badge that must be visible at all times in the building and returned 
upon departure.
     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. Information about 
the TSCA Inventory is available at http://www.epa.gov/opptintr/newchems/pubs/invntory.htm.

II. Background

    The TSCA Inventory is a listing of all chemical substances 
manufactured, imported, or processed for a commercial purpose, which 
EPA was directed to establish and maintain pursuant to TSCA section 8. 
Since the initial TSCA Inventory was published, persons intending to 
manufacture or import a non-exempt chemical substance that is not on 
the TSCA Inventory have been required to submit premanufacture notices 
(PMNs) to the Agency under TSCA section 5; see 40 CFR part 720. For 
more information about the TSCA Inventory and related requirements, go 
to the TSCA Inventory webpage identified in Unit I.B.2.
    The TSCA Inventory implementing regulations in 40 CFR part 710 
provide that the manufacturer or importer may claim that the identity 
of a chemical substance in commerce is CBI. Confidential chemical 
identities are not listed on public versions of the TSCA Inventory. 
Chemical identities that are not confidential (i.e., where it is public 
knowledge that the chemical substance is in commerce) are listed on 
public versions of the TSCA Inventory.

III. Updating of the Public and Confidential TSCA Inventory Data

    When reporting under the TSCA Inventory Update Rule (IUR at 40 CFR 
part 710), some manufacturers of these 530 chemical substances did not 
include any claim of confidentiality for the chemical identity of the 
chemical substance with the IUR submission. These chemical identities 
were previously listed as confidential on the TSCA Inventory. IUR 
regulations at 40 CFR 710.38(d) provide that where no claim of 
confidentiality accompanies IUR information at the time it is submitted 
to EPA, the Agency may make the information available to the public 
without further notice to the submitter. By submitting non-CBI IUR 
reports for previously confidential chemical identities, manufacturers 
make those chemical identities eligible for inclusion on public 
versions of the TSCA Inventory.
    With this action, EPA is updating the TSCA Inventory Master File to 
reflect the public status of the identities of these chemical 
substances. The complete list of these chemical substances is provided 
in the docket at http://www.regulations.gov. The updated public version 
of the TSCA Inventory will be available on or after August 3, 2009. For 
information on how to access the public (also referred to as the non-
confidential) version of the TSCA Inventory, go to http://www.epa.gov/opptintr/newchems/pubs/invntory.htm.

[[Page 37225]]

List of Subjects

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

    Dated: July 22, 2009.
Stephen A. Owens,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 

[FR Doc. E9-17944 Filed 7-27-09; 8:45 am]