[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47311-47312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17277]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 370

[EPA-HQ-SFUND-2010-0763; FRL 9949-05-OLEM]
RIN 2050-AG85


Hazardous Chemical Reporting: Community Right-to-Know; Revisions 
to Hazard Categories and Minor Corrections; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment, correction.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) issued 
a final rule in the Federal Register on June 13, 2016 (81 FR 38104) 
amending its hazardous chemical reporting regulations. That document 
inadvertently omitted the hazard ``serious eye damage or eye 
irritation'' in Sec.  370.66 under the definition of ``health hazard''. 
This action corrects that definition.

DATES: Effective Date: This final rule is effective July 21, 2016.
    Compliance Date: The compliance date is January 1, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-SFUND-2010-0763. 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,

[[Page 47312]]

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 electronically 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Management, Mail Code 5104A, Environmental Protection Agency, 1200 
Pennsylvania Avenue NW., Washington DC 20004; telephone number: (202) 
564-8019; email address: [email protected].

SUPPLEMENTARY INFORMATION: EPA issued a final rule in the Federal 
Register of June 13, 2016 (81 FR 38104) amending its hazardous chemical 
regulations due to the changes in the Occupational Safety and Health 
Administration (OSHA) Hazard Communication Standard (HCS). The final 
rule inadvertently omitted the hazard ``serious eye damage or eye 
irritation'' in Sec.  370.66 under the definition of ``health hazard''. 
This action is being issued to correct the omitted hazard in 40 CFR 
370.66, which contains the definitions of the key words used in 40 CFR 
part 370. Specifically, under the definition of ``hazard category,'' 
EPA inadvertently omitted the hazard, ``serious eye damage or eye 
irritation'' under the definition of ``health hazard.'' This document 
corrects this error by adding the hazard, ``serious eye damage or eye 
irritation'' in 40 CFR 370.66 under the definition of ``health 
hazard.''

List of Subjects in 40 CFR Part 370

    Environmental protection, Extremely hazardous substances, GHS, 
Hazard categories, Hazard class, Hazardous chemicals, OSHA HCS, Tier II 
Inventory Form.

    Dated: July 12, 2016.
Mathy Stanislaus,
Assistant Administrator, Office of Land and Emergency Management.

    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is corrected as follows:

PART 370--HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW

0
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).


0
2. Amend Sec.  370.66 by revising the definition of the term ``Hazard 
category'' to read as follows:


Sec.  370.66  How are key words in this part defined?

* * * * *
    Hazard category is divided into two categories, health and physical 
hazards.
    (1) Health hazard means a chemical which poses one of the following 
hazardous effects: Carcinogenicity; acute toxicity (any route of 
exposure); aspiration hazard; reproductive toxicity; germ cell 
mutagenicity; skin corrosion or irritation; respiratory or skin 
sensitization; serious eye damage or eye irritation; specific target 
organ toxicity (single or repeated exposure); simple asphyxiant; and 
hazard not otherwise classified (HNOC).
    (2) Physical hazard means a chemical which poses one of the 
following hazardous effects: Flammable (gases, aerosols, liquids or 
solids); gas under pressure; explosive; self-heating; pyrophoric 
(liquid or solid); pyrophoric gas; oxidizer (liquid, solid or gas); 
organic peroxide; self-reactive; in contact with water emits flammable 
gas; combustible dust; corrosive to metal; and hazard not otherwise 
classified (HNOC).
* * * * *
[FR Doc. 2016-17277 Filed 7-20-16; 8:45 am]
 BILLING CODE 6560-50-P