[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Rules and Regulations]
[Pages 55583-55585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22887]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 116 and 302

[EPA-HQ-SFUND-2011-0565; FRL-9460-9]


Designation of Hazardous Substances; Designation, Reportable 
Quantities, and Notification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment.

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SUMMARY: EPA is issuing a technical amendment to correct, by removal of 
three Chemical Abstracts Service Registry Numbers that were erroneously 
included in the list of hazardous substances under the Comprehensive 
Environmental Response, Compensation, and Liability Act.

DATES: This final rule is effective on September 8, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-SFUND-2011-0565. 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., 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: Lynn Beasley, Regulation and Policy 
Development Division, Office of Emergency Management (5104A), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-1965; fax number: 
(202) 564-2625; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

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                     Type of entity                                   Examples of affected entities
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Federal Agencies.......................................  National Response Center and any Federal agency that
                                                          may release or respond to releases of hazardous
                                                          substances.
State and Local Governments............................  State Emergency Response Commissions, and Local
                                                          Emergency Planning Committees.
Responsible Parties....................................  Those entities responsible for the release of a
                                                          hazardous substance from a vessel or facility. Those
                                                          entities with an interest in the substances
                                                          incorrectly identified by their Chemical Abstracts
                                                          Service Registry Number(s) as a hazardous substance.
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

B. How can I get copies of this document and other related information?

    The current information is as follows:
     Docket ID No. EPA-HQ-SFUND-2011-0565.
     Federal eRulemaking Portal: http://www.regulations.gov.

II. What does this correction do?

    This technical amendment is a correction to remove three Chemical 
Abstracts Service (CAS) Registry Numbers that were erroneously 
identified with Sodium Phosphate, tribasic, from the following Title 40 
of the Code of Federal Regulations: Table 116.4 A--List of Hazardous 
Substances; Table 116.4 B--List of Hazardous Substances by CAS Number; 
Table 302.4--List of Hazardous Substances and Reportable Quantities; 
and Appendix A to section 302.4--Sequential CAS Registry Number List of 
CERCLA Hazardous Substances. The three correct Chemical Abstracts 
Service Registry Numbers remain on these tables.
    On March 13, 1978, EPA issued a final rule in the Federal Register 
that designated hazardous substances under the authority of section 
311(b)(2)(A) of the Federal Water Pollution Control Act (aka, Clean 
Water Act or CWA). On April 4, 1985, EPA issued a final rule in the 
Federal Register that designated hazardous substances and adjusted the 
reportable quantities under the authority of section 102(a) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA). In both of these rules, Sodium Phosphate, tribasic was 
designated as a hazardous substance. For the convenience of the user, 
hazardous substances are presented in Tables and an Appendix that 
include the CAS Registry Number for each hazardous substance. In some 
cases, a chemical name may have more than one CAS Registry Number 
associated with it due to the chemical's various forms; however, CAS 
Registry Numbers are unique to a chemical or substance.\1\ That is, two 
substances or forms of a substance do not have the same CAS Registry 
Number. Sodium Phosphate, tribasic has three CAS Registry Numbers 
associated with its chemical name. Those CAS Registry Numbers are 7601-
54-9, 10101-89-0, and 13061-89-4. The first, 7601-54-9 is associated 
with the sodium salt of Sodium Phosphate, tribasic. The second, 10101-
89-0 is associated with the dodecahydrate (i.e., 12 H2O) 
form of Sodium Phosphate, tribasic. And the third, 10361-89-4 is 
associated with the decahydrate (i.e., 10 H2O) form of 
Sodium Phosphate, tribasic. Those CAS Registry Numbers will continue to 
appear on the above cited tables and lists in Title 40 of the Code of 
Federal Regulations.
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    \1\ Each CAS Registry Number (often referred to as a CAS 
Number): Is a unique numeric identifier, designates only one 
substance, and has no chemical significance. From the CAS Web site: 
http://www.cas.org/expertise/cascontent/registry/regsys.html.
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    A petition from the International Food Additives Counsel,\2\ dated 
March 14,

[[Page 55584]]

2007, brought to the attention of the Agency that several CAS Registry 
Numbers were erroneously identified with the designated hazardous 
substance, Sodium Phosphate, tribasic. The erroneous CAS Registry 
Numbers in fact belong to three non-hazardous chemicals; Sodium 
Trimetaphosphate (STMP), Sodium Tripolyphosphate (STPP), and Sodium 
Hexametaphosphate (SHMP). The erroneous CAS Registry Numbers associated 
with Sodium Phosphate, tribasic have caused, and will continue to cause 
regulatory confusion until they are removed from the effected Tables 
and Appendix. As such, EPA is removing the three CAS Registry Numbers 
that are erroneously associated with Sodium Phosphate, tribasic and 
leaving the correct CAS Registry Numbers in each of the effected Tables 
and Appendix.
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    \2\ Petition for Rulemaking Correction, CAS Numbers in Title 40, 
Code of Federal Regulations, Section 302.4, Table 302.4--List of 
Hazardous Substances and Reportable Quantities, Appendix A to 
Section 302.4--Sequential CAS Registry Number List of CERCLA 
Hazardous Substances, and Section 116.4 Designation of Hazardous 
Substances.
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III. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(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 amendment 
final without prior proposal and opportunity for comment, because EPA 
is merely correcting information that is confusing to the public 
because it provides erroneous information about a hazardous substance. 
Three of the six CAS Registry Numbers identified with the hazardous 
substance, Sodium Phosphate, tribasic in fact belong to three non-
hazardous substances. CAS Registry Numbers are provided for the 
convenience of the public to aid in the identification of the 
designated hazardous substances. The association of the three CAS 
Registry Numbers that belong to three non-hazardous substances with 
Sodium Phosphate, tribasic was an error. It is important that the 
public has accurate and correct regulatory information. EPA finds that 
this constitutes good cause under 5 U.S.C. 553(b)(B).

IV. Do any of the statutory and Executive Order reviews apply to this 
action?

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to OMB review. Because this action is not subject to notice and 
comment requirements under the Administrative Procedures Act or any 
other statute, it is not subject to the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) or Sections 202 and 205 of the Unfunded Mandates 
Reform Act of 1999 (UMRA) (Pub. L. 104-4). In addition, this action 
does not significantly or uniquely affect small governments. This 
action does not create new binding legal requirements that 
substantially and directly affect Tribes under Executive Order 13175 
(63 FR 67249, November 9, 2000). This action does not have significant 
Federalism implications under Executive Order 13132 (64 FR 43255, 
August 10, 1999). Because this final rule has been exempted from review 
under Executive Order 12866, 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) or Executive Order 13045, entitled Protection of Children 
from Environmental Health Risks and Safety Risks (62 FR 19885, April 
23, 1997). 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., nor does it require any special considerations 
under Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994). This action does not 
involve technical standards; thus, the requirements of Section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) do not apply.

A. 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. Section 808 allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest. This determination must 
be supported by a brief statement. 5 U.S.C. 808(2). As stated 
previously, EPA has made such a good cause finding, including the 
reasons therefore, and established an effective date of September 8, 
2011. 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 action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 116

    Environmental protection, Hazardous substances, Reporting and 
recordkeeping requirements, Water pollution control.

40 CFR Part 302

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Natural resources, Reporting and recordkeeping requirements, Superfund, 
Water pollution control, Water supply.

    Dated: August 30, 2011.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.

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

PART 116--DESIGNATION OF HAZARDOUS SUBSTANCES

0
1. The authority citation for part 116 continues to read as follows:

    Authority:  Secs. 311(b)(2)(A) and 501(a), Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.)


0
2. In Sec.  116.4:
0
a. Table 116.4A--List of Hazardous Substances is amended by revising 
the entry for Sodium phosphate, tribasic; and
0
b. Table 116.4B--List of Hazardous Substances by CAS Number is amended 
by removing the following entries: 7758294, 7785844, and 10124568.
    The revision reads as follows:


Sec.  116.4  Designation of hazardous substances.

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[[Page 55585]]



                                   Table 116.4A--List of Hazardous Substances
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             Common name                 CAS No.            Synonyms                  Isomers           CAS No.
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                                                  * * * * * * *
Sodium phosphate, tribasic...........      7601549
                                          10101890
                                          10361894
 
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PART 302--DESIGNATION, REPORTABLE QUANTITIES, AND NOTIFICATION

0
3. The authority citation for part 302 continues to read as follows:

    Authority: 42 U.S.C. 9602, 9603, and 9604; 33 U.S.C. 1321 and 
1361.


0
4. In Sec.  302.4:
0
a. Table 302.4--List of Hazardous Substances and Reportable Quantities 
is amended by revising the entry for Sodium phosphate, tribasic; and
0
b. Appendix A to Sec.  302.4--Sequential CAS Registry Number List of 
CERCLA Hazardous Substances is amended by removing the following 
entries: 7758294, 7785844, and 10124568.
    The revision reads as follows:


Sec.  302.4  Designation of hazardous substances.

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                       Table 302.4--List of Hazardous Substances and Reportable Quantities
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                                                                Statutory                        Final RQ pounds
            Hazardous substance                  CASRN        code[dagger]     RCRA waste No.         (Kg)
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                                                  * * * * * * *
Sodium phosphate, tribasic................       7601-54-9                 1  ................       5000 (2270)
                                                10101-89-0
                                                10361-89-4
 
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[FR Doc. 2011-22887 Filed 9-7-11; 8:45 am]
BILLING CODE 6560-50-P