[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Rules and Regulations]
[Pages 27291-27296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12628]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-TRI-2016-0222; FRL-9979-16]
RIN 2070-AK15


Addition of Nonylphenol Ethoxylates Category; Community Right-to-
Know Toxic Chemical Release Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is adding a nonylphenol ethoxylates (NPEs) category to the 
list of toxic chemicals subject to reporting under section 313 of the 
Emergency Planning and Community Right-to-Know Act (EPCRA) and section 
6607 of the Pollution Prevention Act (PPA). EPA is adding this chemical 
category to the EPCRA section 313 list because EPA has determined that 
NPEs meet the EPCRA section 313(d)(2)(C) toxicity criteria. 
Specifically, EPA has determined that short-chain NPEs are highly toxic 
to aquatic organisms and longer chain NPEs, while not as toxic as 
short-chain NPEs, can break down in the environment to short-chain NPEs 
and nonylphenol, both of which are highly toxic to aquatic organisms.

DATES: 
    Effective date: This final rule is effective November 30, 2018.
    Applicability date: This final rule will apply for the reporting 
year beginning January 1, 2019 (reports due July 1, 2020).

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-TRI-2016-0222. All documents in the docket are listed on 
http://www.regulations.gov. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information 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. Additional instructions on visiting 
the docket, along with more information about dockets generally, is 
available at http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Daniel R. Bushman, Toxics 
Release Inventory Program Division (7410M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 566-0743; email: [email protected].
    For general information contact: The Emergency Planning and 
Community Right-to- Know Hotline; telephone numbers: toll free at (800) 
424-9346 (select menu option 3) or (703) 348-5070 in the Washington, DC 
Area and International; or go to https://www.epa.gov/home/epa-hotlines.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture, 
process, or otherwise use NPEs. The following list of North American 
Industrial Classification System (NAICS) codes is not intended to be 
exhaustive, but rather provides a guide to help readers determine 
whether this document applies to them. Potentially affected entities 
may include:
     Facilities included in the following NAICS manufacturing 
codes (corresponding to Standard Industrial Classification (SIC) codes 
20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 
325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*, 
211130*, 212324*, 212325*, 212393*, 212399*, 488390*, 511110, 511120, 
511130, 511140*, 511191, 511199, 512230*, 512250*, 519130*, 541713*, 
541715* or 811490*. *Exceptions and/or limitations exist for these 
NAICS codes.
     Facilities included in the following NAICS codes 
(corresponding to SIC codes other than SIC codes 20 through 39): 
212111, 212112, 212113 (corresponds to SIC code 12, Coal Mining (except 
1241)); or 212221, 212222, 212230, 212299 (corresponds to SIC code 10, 
Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113, 
221118, 221121, 221122, 221330 (limited to facilities that combust coal 
and/or oil for the purpose of generating power for distribution in 
commerce) (corresponds to SIC codes 4911, 4931, and 4939, Electric 
Utilities); or 424690, 425110, 425120 (limited to facilities previously 
classified in SIC code 5169, Chemicals and Allied Products, Not 
Elsewhere Classified); or 424710 (corresponds to SIC code 5171, 
Petroleum Bulk Terminals and Plants); or 562112 (limited to facilities 
primarily engaged in solvent recovery services on a contract or fee 
basis (previously classified under SIC code 7389, Business Services, 
NEC)); or 562211, 562212, 562213, 562219, 562920

[[Page 27292]]

(limited to facilities regulated under the Resource Conservation and 
Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (corresponds to SIC 
code 4953, Refuse Systems).
     Federal facilities.
    To determine whether your facility would be affected by this 
action, you should carefully examine the applicability criteria in part 
372, subpart B of Title 40 of the Code of Federal Regulations. If you 
have questions regarding the applicability of this action to a 
particular entity, consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

B. What action is the Agency taking?

    EPA is adding a NPEs category to the list of toxic chemicals 
subject to reporting under EPCRA section 313 and PPA section 6607. EPA 
is adding this chemical category to the EPCRA section 313 list because 
EPA believes NPEs meet the EPCRA section 313(d)(2)(C) toxicity 
criteria.

C. What is the Agency's authority for taking this action?

    This action is issued under EPCRA sections 313(d) and 328, 42 
U.S.C. 11023 et seq., and PPA section 6607, 42 U.S.C. 13106. EPCRA is 
also referred to as Title III of the Superfund Amendments and 
Reauthorization Act of 1986.
    Section 313 of EPCRA, 42 U.S.C. 11023, requires certain facilities 
that manufacture, process, or otherwise use listed toxic chemicals in 
amounts above reporting threshold levels to report their environmental 
releases and other waste management quantities of such chemicals 
annually. These facilities must also report pollution prevention and 
recycling data for such chemicals, pursuant to section 6607 of the PPA, 
42 U.S.C. 13106. Congress established an initial list of toxic 
chemicals that was comprised of 308 individually listed chemicals and 
20 chemical categories.
    EPCRA section 313(d) authorizes EPA to add or delete chemicals from 
the list and sets criteria for these actions. EPCRA section 313(d)(2) 
states that EPA may add a chemical to the list if any of the listing 
criteria in EPCRA section 313(d)(2) are met. Therefore, to add a 
chemical, EPA must demonstrate that at least one criterion is met, but 
need not determine whether any other criterion is met. Conversely, to 
remove a chemical from the list, EPCRA section 313(d)(3) dictates that 
EPA must demonstrate that none of the criteria in ECPRA section 
313(d)(2) are met. The listing criteria in EPCRA section 313(d)(2)(A)-
(C) are as follows:
     The chemical is known to cause or can reasonably be 
anticipated to cause significant adverse acute human health effects at 
concentration levels that are reasonably likely to exist beyond 
facility site boundaries as a result of continuous, or frequently 
recurring, releases.
     The chemical is known to cause or can reasonably be 
anticipated to cause in humans: Cancer or teratogenic effects, or 
serious or irreversible reproductive dysfunctions, neurological 
disorders, heritable genetic mutations, or other chronic health 
effects.
     The chemical is known to cause or can be reasonably 
anticipated to cause, because of its toxicity, its toxicity and 
persistence in the environment, or its toxicity and tendency to 
bioaccumulate in the environment, a significant adverse effect on the 
environment of sufficient seriousness, in the judgment of the 
Administrator, to warrant reporting under this section.
    EPA often refers to the EPCRA section 313(d)(2)(A) criterion as the 
``acute human health effects criterion;'' the EPCRA section 
313(d)(2)(B) criterion as the ``chronic human health effects 
criterion;'' and the EPCRA section 313(d)(2)(C) criterion as the 
``environmental effects criterion.''
    EPA published in the Federal Register of November 30, 1994 (59 FR 
61432) (FRL-4922-2), a statement clarifying its interpretation of the 
EPCRA section 313(d)(2) and (d)(3) criteria for modifying the EPCRA 
section 313 list of toxic chemicals.

II. Summary of Proposed Rule

A. What chemical category did EPA propose to add to the EPCRA section 
313 list of toxic chemicals?

    As discussed in the proposed rule of November 16, 2016 (81 FR 
80624) (FRL-9951-01), EPA proposed to add a NPEs category to the EPCRA 
section 313 list of toxic chemicals. NPEs are nonionic surfactants 
containing a branched nine-carbon alkyl chain bound to phenol and a 
chain of repeating ethoxylate units 
(C9H19C6H4(OCH2CH
2)nOH). The number of repeating ethoxylate units 
(n) can range from 1 to 100. NPEs were proposed to be listed as a 
category that would include the thirteen NPEs that currently appear on 
the Toxic Substances Control Act inventory (https://www.epa.gov/tsca-inventory). The NPEs category would be defined as Nonylphenol 
Ethoxylates and would only include those chemicals covered by the 
following Chemical Abstracts Service Registry Numbers (CASRNs):

[ssquf] 7311-27-5; Ethanol, 2-[2-[2-[2- (4-nonylphenoxy) ethoxy] 
ethoxy]ethoxy]-
[ssquf] 9016-45-9; Poly(oxy-1,2-ethanediyl), [alpha]-(nonylphenyl)-
[omega]-hydroxy-
[ssquf] 20427-84-3; Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]-
[ssquf] 26027-38-3; Poly(oxy-1,2-ethanediyl), [alpha]-(4-nonylphenyl)-
[omega]-hydroxy-
[ssquf] 26571-11-9; 3,6,9,12,15,18,21,24-Octaoxahexacosan-1-ol, 26-
(nonylphenoxy)-
[ssquf] 27176-93-8; Ethanol, 2-[2-(nonylphenoxy)ethoxy]-
[ssquf] 27177-05-5; 3,6,9,12,15,18,21-Heptaoxatricosan-1-ol, 23-
(nonylphenoxy)-
[ssquf] 27177-08-8; 3,6,9,12,15,18,21,24,27-Nonaoxanonacosan-1-ol, 29-
(nonylphenoxy)-
[ssquf] 27986-36-3; Ethanol, 2-(nonylphenoxy)-
[ssquf] 37205-87-1; Poly(oxy-1,2-ethanediyl), [alpha]-(isononylphenyl)-
[omega]-hydroxy-
[ssquf] 51938-25-1; Poly(oxy-1,2-ethanediyl), [alpha]-(2-nonylphenyl)-
[omega]-hydroxy-
[ssquf] 68412-54-4; Poly(oxy-1,2-ethanediyl), [alpha]-(nonylphenyl)-
[omega]-hydroxy-, branched
[ssquf] 127087-87-0; Poly(oxy-1,2-ethanediyl), [alpha]-(4-nonylphenyl)-
[omega]-hydroxy-, branched

B. What was EPA's rationale for proposing to list the NPEs category?

    As discussed in the proposed rule of November 16, 2016 (81 FR 
80624) (FRL-9951-01), EPA proposed to add short-chain NPEs to the EPCRA 
section 313 toxic chemical list because they are highly toxic to 
aquatic organisms with toxicity values well below 1 mg/L. Therefore, 
EPA believed that the evidence was sufficient for listing short-chain 
NPEs on the EPCRA section 313 toxic chemical list pursuant to EPCRA 
section 313(d)(2)(C) based on the available ecological toxicity data. 
Long-chain NPEs, while not as toxic as short-chain NPEs, are known to 
become more toxic as they degrade in the environment to produce 
products that include highly toxic short-chain NPEs and nonylphenol. 
Nonylphenol is even more toxic to aquatic organisms than short-chain 
NPEs and was added to the EPCRA section 313 toxic chemical list based 
on its toxicity to aquatic organisms of September 30, 2014 (79 FR 
58686) (FRL-9915-59-OEI). As long-chain NPEs are a source of 
degradation products that are highly toxic to aquatic organisms, EPA 
believed that the evidence was also sufficient for listing long-chain 
NPEs on the EPCRA section 313 toxic chemical list pursuant to

[[Page 27293]]

EPCRA section 313(d)(2)(C) based on the available ecological toxicity 
and environmental fate data.
    EPA stated that it did not believe that it was appropriate to 
consider exposure for chemicals that are highly toxic based on a hazard 
assessment when determining if a chemical can be added for 
environmental effects pursuant to EPCRA section 313(d)(2)(C) (see 59 FR 
61440-61442). Therefore, in accordance with EPA's standard policy on 
the use of exposure assessments (see November 30, 1994 (59 FR 61432) 
(FRL-4922-2)), EPA stated that it did not believe that an exposure 
assessment was necessary or appropriate for determining whether NPEs 
meet the criteria of EPCRA section 313(d)(2)(C).

III. What comments did EPA receive on the proposed rule?

    EPA received six comments on the proposed rule to add a NPEs 
category to the EPCRA section 313 list of toxic chemicals, three were 
anonymously submitted (References (Refs.) 1, 2, and 3). The comments 
received that were not anonymously submitted are from the following 
groups, the Alkylphenols & Ethoxylates Research Council (APERC) (Ref. 
4), American Coatings Association (ACA) (Ref. 5), and Women's Voices 
for the Earth (Ref. 6). Two of the anonymous commenters supported the 
listing as did the Women's Voices for the Earth. One anonymous 
commenter only asked whether there were any exemptions or exceptions to 
the rule given its particular low-level use of NPEs (Ref. 2). ACA's 
comment requested that EPA delay the effective date of the final rule. 
The only extensive comments received were submitted by APERC, which 
opposes the listing based on their technical and legal interpretations. 
Summaries of the most significant comments and EPA's response are 
discussed here. The complete set of comments and EPA's detailed 
responses can be found in the response to comments document in the 
docket for this rulemaking (Ref. 7).
    APERC stated that long-chain NPEs are not ``highly toxic'' to the 
aquatic environment, which EPA defined in the proposed rule and its 
supporting documents as ecotoxicity values below aquatic concentrations 
of 1 mg/L.
    As EPA has previously stated, when considering toxicity alone under 
EPCRA 313(d)(2)(C), EPA typically limits it's consideration of highly 
toxic to those chemicals that cause acute aquatic toxicity at about 1 
mg/L or less and chronic aquatic toxicity at 0.1 mg/L or less (76 FR 
64022, October 17, 2011). The purpose of these values is not to 
determine which chemicals are toxic but rather to determine if exposure 
should be part of EPA's listing decision per its established exposure 
policy (59 FR 61432, November 30, 1994). However, these are not 
absolute values and they do not preclude consideration of other factors 
such as the environmental fate of the chemical. While not as toxic to 
aquatic organisms as nonylphenol and short-chain NPEs, as noted by the 
commenter, long-chain NPEs are still toxic to aquatic organisms. As EPA 
cited in the proposed rule, the longer-chain NPEs are toxic to aquatic 
organisms (Refs. 8 and 9). For an ethoxylate chain length of 5 reported 
toxicity values include a LC50 (i.e., the concentration that 
is lethal to 50% of test organisms) of 3.6 milligrams per liter (mg/L) 
for Japanese killifish (Oryzias latipes) and LC50s of 2.4-
2.8 mg/L for bluegill sunfish (Lepomis macrochirus). For chain lengths 
of 9, toxicity ranged from a LC50 of 1.2 mg/L for Mysidopsis 
bahia to an EC50 (i.e., the concentration that is effective 
in producing a sublethal response in 50% of test organisms) of 500 mg/L 
for green algae. Chain lengths of 50 were less toxic, for example an 
EC50 of >4,000 mg/L for emergence in mosquito larvae (Culex 
pipiens) was reported. Analysis of data from Hall (Table 2, Ref. 8) 
demonstrates a significant positive log-linear relationship between 
nonylphenol ethoxylate chain length (1.5 to 50) and acute 48-hour 
toxicity (LC50 values for 3 to 8-day old mysid shrimp (M. 
bahia)). Shrimp LC50's ranged from 0.11 mg/L for an 
ethoxylate chain length of 1.5 to greater than 4,110 mg/L for a chain 
length of 50. In general, the data indicate that toxicity of NPEs 
decreases as ethoxylate chain length increases, and vice versa. Because 
longer chain NPEs break down to shorter chain NPEs in the environment, 
they become more toxic. As noted in EPA's exposure policy, for 
chemicals that are low to moderately ecotoxic, EPA may consider 
exposure factors such as environmental fate (59 FR 61432, November 30, 
1994). EPA's assessment of long-chain NPEs is that, depending on chain 
length, they are low to moderately toxic to aquatic organisms but that 
their environmental fate results in the formation of highly toxic 
nonylphenol and short-chain NPEs.
    It is well documented that long-chain NPEs can readily degrade to 
nonylphenol and short-chain NPEs and thus are a primary source of these 
chemicals found in the environment (Ref. 10). As noted in the proposed 
rule:

    Nonylphenol ethoxylate biodegradation products include shorter 
chain NPEs and ethoxycarboxylates. (Refs. 9, 10, and 20). 
Nonylphenol ethoxycarboxylates are NPEs that terminate with a 
carboxylate group (-CO2H) rather than an alcohol group (-OH). 
Although not commonly observed under aerobic conditions, nonylphenol 
is a major metabolite of NPEs under anaerobic conditions (Refs. 9, 
10, 21, 22, 23, 24, 25, 26, and 27) (81 FR 80626, November 16, 
2016).

Releases of long-chain NPEs, therefore, are essentially releases of 
both nonylphenol and short-chain NPEs which are highly toxic to aquatic 
organisms. To ignore the available data on the environmental fate of 
NPEs would underestimate the potential impact long-chain NPEs can have 
on aquatic organisms.
    APERC stated that listing the long-chain NPEs on the basis that 
they are a source of degradation products that are highly toxic to 
aquatic organisms is not consistent with the statutory language in 
EPCRA section 313(d)(2)(C). APERC stated that the language in EPCRA 
section 313(d)(2)(C) is clear in stating that only the hazard of the 
chemical to be listed is to be considered. APERC notes that the 
statutory language specifies that significant adverse effects to the 
environment should be based on a compound's toxicity, or its toxicity 
and persistence or its toxicity and bioaccumulation. APERC stated that 
the statutory language does not portend that listing of a chemical 
should be based on its degradation pathways or the toxicity of its 
degradation products. APERC also stated that where degradation 
intermediates themselves represent the hazard of interest that hazard 
is contingent on the conditions of disposal and treatment and 
ultimately the occurrence of those degradants in emissions and the 
receiving environment. They stated that disposal of long-chain NPEs in 
one treatment scenario may generate degradation products of concern 
whereas disposal in another treatment scenario may not generate any 
degradants of concern. APERC noted that reporting is already required 
for nonylphenol, which is the degradant of highest concern.
    As noted in the previous comment response, long-chain NPEs are 
toxic to aquatic organisms and become more toxic as they degrade. In 
the 1994 chemical expansion final rule EPA made the following 
statements regarding degradation products:

    The EPCRA section 313(d)(2) listing criteria each state that EPA 
may list a chemical that it determines ``causes or may reasonably be 
anticipated to cause'' the relevant adverse human health or 
environmental effects. EPA believes that this language allows EPA to 
consider the effects

[[Page 27294]]

caused by the degradation products of a listed chemical. Where it 
may reasonably be anticipated, based on available data, that the 
listed chemical would readily degrade into another chemical that 
would cause the adverse effect, EPA is acting reasonably and within 
its grant of authority in listing the precursor to the toxic 
degradation product (59 FR 61432, November 30, 1994).

EPA believes that the ``toxicity'' of a chemical includes the toxicity 
of degradation products that are produced as a result of the chemical's 
release to the environment. These degradation products are a direct 
result of the chemical properties of the parent compound that determine 
its environmental fate, and as such should be considered part of the 
chemical's toxicity. As EPA has previously noted:

    Therefore, to meet its obligation under section 313(d)(2)(C), in 
cases where a chemical is low or moderately ecotoxic, EPA may look 
at certain exposure factors (including pollution controls, the 
volume and pattern of production, use, and release, environmental 
fate, as well as other chemical specific factors, and the use of 
estimated releases and modeling techniques) to determine if listing 
is reasonable, i.e., could the chemical ever be present at high 
enough concentrations to cause a significant adverse effect upon the 
environment to warrant listing under section 313(d)(2)(C) [emphasis 
added] (59 FR 61432, November 30, 1994).

While the distribution and type of degradation products can vary based 
on disposal and environmental conditions, the environmental data 
clearly show that there are numerous disposal and environmental 
conditions that result in the degradation of NPEs to short-chain NPEs 
and nonylphenol (Ref. 4). Therefore, EPA has concluded that the long-
chain NPEs to be listed, like the short-chain NPEs in the category, can 
reasonably be anticipated to cause a significant adverse effect on the 
environment of sufficient seriousness to warrant reporting.
    APERC's statement that TRI reporting is already required for 
nonylphenol, which is the degradant of highest concern, is irrelevant 
to the issue of listing NPEs. The reports of releases of nonylphenol do 
not provide any information related to the presence of nonylphenol in 
the environment that results from the release and degradation of NPEs. 
Nonylphenol was not listed because it is a degradation product of NPEs, 
it is also used in the chemical industry, including as the starting 
material for the production of NPEs. Since nonylphenol is used in the 
chemical industry there is the potential for releases to the 
environment. With regard to listing chemicals that are degradation 
products, EPA has stated:

    If the degradation product meets the toxicity criteria of EPCRA 
section 313, the precursor chemical may be considered for listing on 
EPCRA section 313. The degradation product would not be considered 
for listing on EPCRA section 313 because a facility subject to EPCRA 
section 313 is only required to file a TRI report for a chemical 
that it manufactures, processes, or otherwise uses, within the 
facility boundaries (59 FR 1788, January 12, 1994).

If nonylphenol were present in the environment only as a degradation 
product of releases of NPEs, EPA would not have added it to the EPCRA 
section 313 toxic chemical list since no reports would have been filed.
    ACA requested that EPA adopt a January 1, 2020 effective date for 
the addition of a NPEs category. ACA stated that their members require 
sufficient lead time to ensure that all facilities are able to comply 
with changes in regulations. ACA stated that even though some of their 
industry members are already subject to reporting, a significant amount 
of other industry members would now fall under the scope of the 
proposed rule and have to comply. ACA claimed that the January 1, 2018 
compliance date would not give their members adequate time to account 
for and report NPEs under the regulations. ACA also stated that several 
of their industry members are planning on reformulating their products 
to lower or eliminate the use of designated NPEs altogether, rather 
than become subject to the new reporting requirements. ACA stated that 
those facilities intend to phase out the use of NPEs and replace them 
with safer alternative chemicals, or lower their usage below the 
reporting threshold. ACA noted that regardless of the reasoning, 
reformulation takes a substantial amount of time and increases cost for 
companies. ACA claims that therefore, their industry members need an 
extended effective date of January 1, 2020 to reformulate their 
products.
    EPCRA 313(d)(4) provides the timing for the effective date for a 
change to the EPCRA section 313 list of toxic chemicals:

    (4) Effective Date.--Any revision made on or after January 1 and 
before December 1 of any calendar year shall take effect beginning 
with the next calendar year. Any revision made on or after December 
1 of any calendar year and before January 1 of the next calendar 
year shall take effect beginning with the calendar year following 
such next calendar year.

If a rule is finalized by November 30 of a calendar year, then its 
effective date is January 1 of the following year. However, reports for 
that year are not due to EPA until July 1 of the following year, which 
would be at least 19 months from the date the final rule was published. 
Nineteen months should be more than enough time for facilities to make 
reasonable estimates of releases and waste management quantities for 
chemicals that they manufacture, process or otherwise use. The 
commenter did not provide any information on how many facilities would 
be new reporters under EPCRA section 313, however, EPA's economic 
analysis estimated that only 8 facilities would be new reporters so 
most facilities would be familiar with the reporting requirements (Ref. 
11). Even when EPA added nearly 300 chemicals to the EPCRA section 313 
chemical list, the effective date was not extended (note the final rule 
was published in November 1994 with the first reports due July 1, 
1996). The final rule for the addition of NPEs is being published 
before November 30 of 2018, which makes the effective date for 
reporting purposes January 1, 2019, with the first reports due July 1, 
2020. This should be more than enough time for facilities to prepare 
for reporting.
    Further, reports from facilities that choose to reformulate 
products to lower or eliminate the use of NPEs would provide useful 
information to data users, including industry stakeholders. A key 
component of EPCRA section 313 reporting includes information on source 
reduction activities that reduce the amount of any hazardous substance, 
pollutant, or contaminant entering any waste stream or otherwise 
released into the environment (including fugitive emissions) prior to 
recycling, energy recovery, treatment, or disposal. Data that 
demonstrates or fails to demonstrate anticipated downward trends 
alongside information on activities conducted to phase out the use of 
NPEs is information of high utility and can help spur other facilities 
to reduce their use of NPEs.

IV. Summary of Final Rule

    EPA is finalizing the addition of a NPEs category to the EPCRA 
section 313 list of toxic chemicals. EPA has determined that NPEs meet 
the listing criteria under EPCRA section 313(d)(2)(C). The NPEs 
category will be defined as: Nonylphenol Ethoxylates (This category 
includes only those chemicals covered by the CAS numbers listed here):

[ssquf] 7311-27-5; Ethanol, 2-[2-[2-[2-(4-
nonylphenoxy)ethoxy]ethoxy]ethoxy]-
[ssquf] 9016-45-9; Poly(oxy-1,2-ethanediyl), [alpha]-(nonylphenyl)-
[omega]-hydroxy-
[ssquf] 20427-84-3; Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]-

[[Page 27295]]

[ssquf] 26027-38-3; Poly(oxy-1,2-ethanediyl), [alpha]-(4-nonylphenyl)-
[omega]-hydroxy-
[ssquf] 26571-11-9; 3,6,9,12,15,18,21,24-Octaoxahexacosan-1-ol, 26-
(nonylphenoxy)-
[ssquf] 27176-93-8; Ethanol, 2-[2-(nonylphenoxy)ethoxy]-
[ssquf] 27177-05-5; 3,6,9,12,15,18,21-Heptaoxatricosan-1-ol, 23-
(nonylphenoxy)-
[ssquf] 27177-08-8; 3,6,9,12,15,18,21,24,27-Nonaoxanonacosan-1-ol, 29-
(nonylphenoxy)-
[ssquf] 27986-36-3; Ethanol, 2-(nonylphenoxy)-
[ssquf] 37205-87-1; Poly(oxy-1,2-ethanediyl), [alpha]-(isononylphenyl)-
[omega]-hydroxy-
[ssquf] 51938-25-1; Poly(oxy-1,2-ethanediyl), [alpha]-(2-nonylphenyl)-
[omega]-hydroxy-
[ssquf] 68412-54-4; Poly(oxy-1,2-ethanediyl), [alpha]-(nonylphenyl)-
[omega]-hydroxy-, branched
[ssquf] 127087-87-0; Poly(oxy-1,2-ethanediyl), [alpha]-(4-nonylphenyl)-
[omega]-hydroxy-, branched

V. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not itself physically located in the 
docket. For assistance in locating these other documents, please 
consult the person listed under FOR FURTHER INFORMATION CONTACT.

1. Anonymous public comment. November 16, 2016. EPA-HQ-TRI-2016-
0222-0139.
2. Anonymous public comment. November 17, 2016. EPA-HQ-TRI-2016-
0222-0140.
3. Anonymous public comment. December 6, 2016. EPA-HQ-TRI-2016-0222-
0143.
4. Comments submitted by Alkylphenols and Ethoxylates Research 
Council (APERC). January 17, 2017. EPA-HQ-TRI-2016-0222-0144.
5. Comments submitted by Raleigh Davis, Assistant Director, 
Environmental Health and Safety and Rhett Cash, Counsel, Government 
Affairs, American Coatings Association (ACA). January 13, 2017. EPA-
HQ-TRI-2016-0222-0142.
6. Comments submitted by Alexandra Scranton, Director, Science and 
Research, Women's Voices for the Earth. November 28, 2016. EPA-HQ-
TRI-2016-0222-0141.
7. USEPA, OPPT. Response to Comments Received on the November 16, 
2016 Proposed Rule (81 FR 80624): Addition of Nonylphenol 
Ethoxylates Category; Community Right-to-Know Toxic Chemical Release 
Reporting. U.S. Environmental Protection Agency, Office of Pollution 
Prevention and Toxics. May 31, 2018.
8. Hall, W.S., M.B. Patoczka, R.J. Mirenda, B.A. Porter, and E. 
Miller. 1989. Acute toxicity of industrial surfactants to Mysidopsis 
bahia. Arch. Environ. Contam. Toxicol. 18: 765-772. 44.
9. Servos, M.R. 1999. Review of the aquatic toxicity, estrogenic 
responses and bioaccumulation of alkylphenols and alkylphenol 
polyethoxylates. Water Qual. Res. J. Canada 34: 123-177.
10. USEPA, 2016. Chemistry and Environmental Fate of Nonylphenol 
Ethoxylates (NPEs). May 10, 2016.
11. USEPA, OPPT. Economic Analysis of the Final Rule to Add 
Nonylphenol Ethoxylates to the EPCRA Section 313 List of Toxic 
Chemicals. March 21, 2017.

VI. What are the statutory and Executive Order reviews associated with 
this action?

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review under Executive Orders 12866 (58 FR 51735, October 4, 1993) 
and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not contain any new information collection 
requirements that require additional approval by OMB under the PRA, 44 
U.S.C. 3501 et seq. OMB has previously approved the information 
collection activities contained in the existing regulations and has 
assigned OMB control numbers 2025-0009 and 2050-0078. Currently, the 
facilities subject to the reporting requirements under EPCRA section 
313 and PPA section 6607 may use either EPA Toxic Chemicals Release 
Inventory Form R (EPA Form 1B9350-1), or EPA Toxic Chemicals Release 
Inventory Form A (EPA Form 1B9350-2). The Form R must be completed if a 
facility manufactures, processes, or otherwise uses any listed chemical 
above threshold quantities and meets certain other criteria. For the 
Form A, EPA established an alternative threshold for facilities with 
low annual reportable amounts of a listed toxic chemical. A facility 
that meets the appropriate reporting thresholds, but estimates that the 
total annual reportable amount of the chemical does not exceed 500 
pounds per year, can take advantage of an alternative manufacture, 
process, or otherwise use threshold of 1 million pounds per year of the 
chemical, provided that certain conditions are met, and submit the Form 
A instead of the Form R. In addition, respondents may designate the 
specific chemical identity of a substance as a trade secret pursuant to 
EPCRA section 322, 42 U.S.C. 11042, 40 CFR part 350.
    OMB has approved the reporting and recordkeeping requirements 
related to Forms A and R, supplier notification, and petitions under 
OMB Control number 2025-0009 (EPA Information Collection Request (ICR) 
No. 1363) and those related to trade secret designations under OMB 
Control 2050-0078 (EPA ICR No. 1428). As provided in 5 CFR 1320.5(b) 
and 1320.6(a), an Agency may not conduct or sponsor, and a person is 
not required to respond to, a collection of information unless it 
displays a currently valid OMB control number. The OMB control numbers 
relevant to EPA's regulations are listed in 40 CFR part 9 or 48 CFR 
chapter 15, and displayed on the information collection instruments 
(e.g., forms, instructions).

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA, 5 
U.S.C. 601 et seq. The small entities subject to the requirements of 
this action are small manufacturing facilities. The Agency has 
determined that of the 178 entities estimated to be impacted by this 
action, 161 are small businesses; no small governments or small 
organizations are expected to be affected by this action. All 161 small 
businesses affected by this action are estimated to incur annualized 
cost impacts of less than 1%. Thus, this action is not expected to have 
a significant adverse economic impact on a substantial number of small 
entities. A more detailed analysis of the impacts on small entities is 
located in EPA's economic analysis (Ref. 11).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. This action is not 
subject to the requirements of UMRA because it contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. EPA did not identify any small governments that would be 
impacted by this action. EPA's economic analysis indicates that the

[[Page 27296]]

total cost of this action is estimated to be $619,627 in the first year 
of reporting (Ref. 11).

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action 
relates to toxic chemical reporting under EPCRA section 313, which 
primarily affects private sector facilities. Thus, Executive Order 
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern environmental 
health or safety risks that EPA has reason to believe may 
disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of the Executive Order. This 
action is not subject to Executive Order 13045 because it does not 
concern an environmental health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards and is 
therefore not subject to considerations under section 12(d) of NTTAA, 
15 U.S.C. 272 note.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because it does not establish an 
environmental health or safety standard. This regulatory action adds an 
additional chemical category to the EPCRA section 313 reporting 
requirements; it does not have any impact on human health or the 
environment. This action does not address any human health or 
environmental risks and does not affect the level of protection 
provided to human health or the environment. This action adds an 
additional chemical category to the EPCRA section 313 reporting 
requirements which provides information that government agencies and 
others can use to identify potential problems, set priorities, and help 
inform activities.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and 
recordkeeping requirements, and Toxic chemicals.

    Dated: June 6, 1018.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical 
Safety and Pollution Prevention.

    Therefore, 40 CFR chapter I is amended as follows:

PART 372--[AMENDED]

0
1. The authority citation for part 372 continues to read as follows:

    Authority:  42 U.S.C. 11023 and 11048.


0
2. In Sec.  372.65, add alphabetically an entry for ``Nonylphenol 
Ethoxylates (This category includes only those chemicals covered by the 
CAS numbers listed here)'' to the table in paragraph (c) to read as 
follows:


Sec.  372.65   Chemicals and chemical categories to which this part 
applies.

* * * * *
    (c) * * *

------------------------------------------------------------------------
                    Category name                        Effective date
------------------------------------------------------------------------
 
                              * * * * * * *
Nonylphenol Ethoxylates (This category includes only              1/1/19
 those chemicals covered by the CAS numbers listed
 here)...............................................
    7311-27-5 Ethanol, 2-[2-[2-[2-(4-
     nonylphenoxy)ethoxy]ethoxy]ethoxy]-
    9016-45-9 Poly(oxy-1,2-ethanediyl), [alpha]-
     (nonylphenyl)-[omega]-hydroxy-
    20427-84-3 Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]-
    26027-38-3 Poly(oxy-1,2-ethanediyl), [alpha]-(4-
     nonylphenyl)-[omega]-hydroxy-
    26571-11-9 3,6,9,12,15,18,21,24-Octaoxahexacosan-
     1-ol, 26- (nonylphenoxy)-
    27176-93-8 Ethanol, 2-[2-(nonylphenoxy)ethoxy]-
    27177-05-5 3,6,9,12,15,18,21-Heptaoxatricosan-1-
     ol, 23-(nonylphenoxy)-
    27177-08-8 3,6,9,12,15,18,21,24,27-
     Nonaoxanonacosan-1-ol, 29-(nonylphenoxy)-
    27986-36-3 Ethanol, 2-(nonylphenoxy)-
    37205-87-1 Poly(oxy-1,2-ethanediyl), [alpha]-
     (isononylphenyl)-[omega]-hydroxy-
    51938-25-1 Poly(oxy-1,2-ethanediyl), [alpha] (2-
     nonylphenyl)-[omega]-hydroxy-
    68412-54-4 Poly(oxy-1,2-ethanediyl), [alpha]-
     (nonylphenyl)-[omega]-hydroxy-, branched
    127087-87-0 Poly(oxy-1,2-ethanediyl), [alpha]-(4-
     nonylphenyl)-[omega]-hydroxy-, branched
 
                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2018-12628 Filed 6-11-18; 8:45 am]
 BILLING CODE 6560-50-P