![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Preliminary Assessment Information Reporting; Addition of Certain Chemicals
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 11, 2003 (Volume 68, Number 112)]
[Rules and Regulations]
[Page 34832-34838]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn03-23]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 712
[OPPT-2002-0061; FRL-7306-7]
Preliminary Assessment Information Reporting; Addition of Certain
Chemicals
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule addresses the request of the Toxic Substances
Control Act (TSCA) Interagency Testing Committee (ITC) in its 48\th\
Report, as modified in its 50\th\ and 51\st\ ITC Reports, by adding
benzenamine, 3-chloro-2,6-dinitro-N,N-dipropyl-4-(trifluoromethyl)- to
the TSCA section 8(a) Preliminary Assessment Information Reporting
(PAIR) rule. It also addresses the request of the ITC in its 50\th\
Report by adding stannane, dimethylbis[(1-oxoneodecyl)oxy]-; benzene,
1,3,5-tribromo-2-(2-propenyloxy)-; and 1-triazene, 1,3-diphenyl- to the
PAIR rule. Finally, it addresses the request of the ITC in its 51\st\
Report by adding 43 vanadium compounds to the PAIR rule. This PAIR rule
will require manufacturers (including importers) of these 47 Chemical
Abstract Service (CAS)-numbered chemicals added to the ITC's TSCA
section 4(e) Priority Testing List to submit certain production,
importation, use, and exposure-related information to EPA.
DATES: This final rule is effective on July 11, 2003.
Any person who believes that TSCA section 8(a) reporting required
by this
[[Page 34833]]
rule is not warranted, should promptly submit to EPA on or before June
25, 2003, detailed reasons for that belief.
See Unit II.D. of the SUPPLEMENTARY INFORMATION concerning the
submission date for those manufacturers required to submit PAIR Forms.
ADDRESSES: Comments may be submitted electronically, by mail, or
through hand delivery/courier. Follow the detailed instructions as
provided in Unit I. of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: For general information contact:
Barbara Cunningham, Director, 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: TSCA-
Hotline@epa.gov.
For technical information contact: Gerry Brown, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 564-4780; fax
number: (202) 564-4765; e-mail address: ccd.citb@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you manufacture
(defined by statute to include import) any of the chemical substances
that are listed in Sec. 712.30(d) of the regulatory text portion of
this document. Entities potentially affected by this action may
include, but are not limited to:
? Chemical manufacturers (including importers), (NAICS 325,
32411), e.g., persons who manufacture (defined by statute to include
import) one or more of the subject chemical substances.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.
B. How Can I Get Copies of this Document and Other Related Information?
1. Docket. EPA has established an official public docket for this
action under docket identification (ID) number OPPT-2002-0061. The
official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The official public docket is the collection of materials
that is available for public viewing at the EPA Docket Center, Rm.
B102-Reading Room, EPA West, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The EPA Docket Center Reading
Room telephone number is (202) 566-1744 and the telephone number for
the OPPT Docket, which is located in EPA Docket Center, is (202) 566-
0280.
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/. A frequently updated
electronic version of 40 CFR part 712 is available at http://www.access.
gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr712_00.html, 
a beta site currently under development.
Copies of the PAIR Form are also available electronically from the
Chemical Testing and Information Branch Home Page on the Internet at
http://www.epa.gov/opptintr/chemtest/pairform.pdf .
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public
comments, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the docket facility identified in
Unit I.B.1. Once in the system, select ``search,'' then key in the
appropriate docket ID number.
Certain types of information will not be placed in the EPA Dockets.
Information claimed as CBI and other information whose disclosure is
restricted by statute, which is not included in the official public
docket, will not be available for public viewing in EPA's electronic
public docket. EPA's policy is that copyrighted material will not be
placed in EPA's electronic public docket but will be available only in
printed, paper form in the official public docket. To the extent
feasible, publicly available docket materials will be made available in
EPA's electronic public docket. When a document is selected from the
index list in EPA Dockets, the system will identify whether the
document is available for viewing in EPA's electronic public docket.
Although not all docket materials may be available electronically, you
may still access any of the publicly available docket materials through
the docket facility identified in Unit I.B.1. EPA intends to work
towards providing electronic access to all of the publicly available
docket materials through EPA's electronic public docket.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, CBI, or other information whose
disclosure is restricted by statute. When EPA identifies a comment
containing copyrighted material, EPA will provide a reference to that
material in the version of the comment that is placed in EPA's
electronic public docket. The entire printed comment, including the
copyrighted material, will be available in the public docket.
Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the docket will
be scanned and placed in EPA's electronic public docket. Where
practical, physical objects will be photographed, and the photograph
will be placed in EPA's electronic public docket along with a brief
description written by the docket staff.
C. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket ID number in the subject line on the first page of
your comment. Please ensure that your comments are submitted within the
specified comment period. Comments received after the close of the
comment period will be marked ``late.'' EPA is not required to
[[Page 34834]]
consider these late comments. If you wish to submit CBI or information
that is otherwise protected by statute, please follow the instructions
in Unit I.D. Do not use EPA Dockets or e-mail to submit CBI or
information protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed in this unit, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your comment. Also include this contact information on the
outside of any disk or CD ROM you submit, and in any cover letter
accompanying the disk or CD ROM. This ensures that you can be
identified as the submitter of the comment and allows EPA to contact
you in case EPA cannot read your comment due to technical difficulties
or needs further information on the substance of your comment. EPA's
policy is that EPA will not edit your comment, and any identifying or
contact information provided in the body of a comment will be included
as part of the comment that is placed in the official public docket,
and made available in EPA's electronic public docket. If EPA cannot
read your comment due to technical difficulties and cannot contact you
for clarification, EPA may not be able to consider your comment.
i. EPA Dockets. Your use of EPA's electronic public docket to
submit comments to EPA electronically is EPA's preferred method for
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/
edocket, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPPT-2002-0061. The system is an ``anonymous access'' system, which
means EPA will not know your identity, e-mail address, or other contact
information unless you provide it in the body of your comment.
ii. E-mail. Comments may be sent by e-mail to oppt.ncic@epa.gov,
Attention: Docket ID Number OPPT-2002-0061. In contrast to EPA's
electronic public docket, EPA's e-mail system is not an ``anonymous
access'' system. If you send an e-mail comment directly to the docket
without going through EPA's electronic public docket, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket, and
made available in EPA's electronic public docket.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.C.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
2. By mail. Send your comments to: Document Control Office (7407M),
Office of Pollution Prevention and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
3. By hand delivery or courier. Deliver your comments to: OPPT
Document Control Office (DCO) in EPA East Bldg., Rm. 6428, 1201
Constitution Ave., NW., Washington, DC. Attention: Docket ID Number
OPPT-2002-0061. The DCO is open from 8 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the DCO is
(202) 564-8930.
D. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically through EPA's electronic public docket or by e-mail. You
may claim information that you submit to EPA as CBI by marking any part
or all of that information as CBI (if you submit CBI on disk or CD ROM,
mark the outside of the disk or CD ROM as CBI and then identify
electronically within the disk or CD ROM the specific information that
is CBI). Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the public docket and EPA's electronic public docket. If you submit
the copy that does not contain CBI on disk or CD ROM, mark the outside
of the disk or CD ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and EPA's
electronic public docket without prior notice. If you have any
questions about CBI or the procedures for claiming CBI, please consult
the technical person listed under FOR FURTHER INFORMATION CONTACT.
E. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Provide specific examples to illustrate your concerns.
6. Offer alternative ways to improve this final rule or collection
activity.
7. Make sure to submit your comments by the deadline in this
document.
8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
II. Background
A. What Action is the Agency Taking?
EPA is issuing a final TSCA section 8(a) PAIR rule which will
require manufacturers (including importers) of 47 CAS-numbered
chemicals added to the ITC's TSCA section 4(e) Priority Testing List to
submit production and exposure reports. The regulatory text of this
rule lists the 47 chemicals that are being added to the PAIR rule.
B. What is the Agency's Authority?
EPA promulgated the PAIR rule in 40 CFR part 712 under TSCA section
8(a) (15 U.S.C. 2607(a)). This model TSCA section 8(a) rule establishes
standard reporting requirements for manufacturers (including importers)
of the chemicals listed in the rule at Sec. 712.30. These entities are
required to submit a one-time report on general production/importation
volume, end use, and exposure-related information using the PAIR Form
entitled Manufacturer's Report-Preliminary Assessment Information (EPA
Form No. 7710-35). EPA uses this model section 8(a) rule to quickly
gather current information on chemicals.
This model rule provides for the automatic addition of TSCA section
4(e) Priority Testing List chemicals. Whenever EPA announces the
receipt of an ITC report, EPA may, at the same time without providing
notice and opportunity for public comment, amend the model information-
gathering rule by adding the recommended (or designated) chemicals. The
amendment adding these chemicals to the PAIR rule is effective July 11,
2003.
C. What Chemicals are to be Added ?
In this document, EPA is adding 47 chemicals to the TSCA section
8(a) PAIR rule. This document addresses the request of the ITC in its
48\th\ Report (Ref.
[[Page 34835]]
1), as modified in its 50\th\ ITC Report (Ref. 2) and 51\st\ ITC Report
(Ref. 3), by adding benzenamine, 3-chloro-2,6-dinitro-N,N-dipropyl-4-
(trifluoromethyl)- (CAS No. 29091-20-1) to the PAIR rule.This document
also addresses the request of the 50\th\ ITC Report by adding stannane,
dimethylbis[(1-oxoneodecyl)oxy]- (CAS No. 68928-76-7); benzene, 1,3,5-
tribromo-2-(2-propenyloxy)- (CAS No. 3278-89-5); and 1-triazene, 1,3-
diphenyl- (CAS No.136-35-6) to the PAIR rule. Finally, this document
addresses the request of the 51\st\ ITC Report by adding 43 vanadium
compounds which are listed in the amendment to Sec. 712.30(e) of this
document.
D. Who Must Report Under this PAIR Rule?
All persons who manufactured (defined by statute to include import)
the chemicals identified in the regulatory text of this document during
their latest complete corporate fiscal year must submit a PAIR Form
(EPA Form No. 7710-35) for each site at which they manufactured or
imported a named substance. A separate form must be completed for each
substance and submitted to the Agency as specified in Sec. 712.28 no
later than September 9, 2003. Persons who have previously and
voluntarily submitted a PAIR Form to the ITC or EPA may be able to
submit a copy of the original report to EPA or to notify EPA by letter
of their desire to have this voluntary submission accepted in lieu of a
current data submission. See Sec. 712.30(a)(3).
Details of the PAIR reporting requirements, including the basis for
exemptions, are provided in 40 CFR part 712. Copies of the PAIR Form
are available from the Environmental Assistance Division at the address
listed under FOR FURTHER INFORMATION CONTACT. Copies of the PAIR Form
are also available electronically from the Chemical Testing and
Information Branch Home Page on the Internet at
http://www.epa.gov/opptintr/chemtest/pairform.pdf .
E. How is a Chemical Substances Removed From the PAIR Rule?
Any person who believes that section 8(a) reporting required by
this rule is not warranted, should promptly submit to EPA on or before
June 25, 2003, detailed reasons for that belief. EPA, in its
discretion, may remove the substance from this rule (see Sec.
712.30(c)). When withdrawing a chemical from the PAIR rule, EPA will
publish a final rule amending the PAIR rule in the Federal Register.
F. References
The following documents constitute the public record for this rule
under docket ID number OPPT-2002-0061.
1. ITC. 2001. Forty-Eighth Report of the ITC. Federal Register (66
FR 51276, October 5, 2001) (FRL-6786-7). Available online at
http://www.epa.gov/fedrgstr/.
2. ITC. 2002. Fiftieth Report of the ITC. Federal Register (67 FR
49530, July 30, 2002) (FRL-7183-7). Available online at
http://www.epa.gov/fedrgstr/.
3. ITC. 2003. Fifty-first Report of the ITC. Federal Register (68
FR 8976, February 26,2003) (FRL-7183-7). Available online at
http://www.epa.gov/fedrgstr/.
4. EPA. 2003. Economic Analysis for the Addition of 47 Chemical
Abstract Service (CAS)-numbered Chemicals Requested to be added to
EPA's Preliminary Assessment Information Reporting (PAIR) Rule in the
48\th\, 50\th\, and 51\st\ Reports of the TSCA Interagency Testing
Committee. April 18, 2003.
G. Why is this Action Being Issued as a Final Rule?
EPA is publishing this action as a final rule without prior notice
and an opportunity to comment because the Agency believes that
providing notice and an opportunity to comment is unnecessary. As
discussed in Unit III., whenever EPA announces the receipt of an ITC
report, EPA may, at the same time and without providing notice and
opportunity for public comment, amend the model information-gathering
rule by adding the recommended (or designated) chemicals. EPA finds,
therefore, that there is ``good cause'' under section 553(b)(3)(B) of
the Administrative Procedure Act (APA) (5 U.S.C. 553 (b)(3)(B)) to make
these amendments without prior notice and comment.
H. Economic Analysis
The economic analysis for the addition of the 47 chemicals to the
TSCA section 8(a) PAIR rule is entitled, ``Economic Analysis for the
Addition of 47 Chemical Abstract Service (CAS)-numbered Chemicals
Requested to be added to EPA's Preliminary Assessment Information
Reporting (PAIR) Rule in the 48\th\, 50\th\, and 51\st\ Reports of the
TSCA Interagency Testing Committee'' (Ref. 4). Seven of the 47
chemicals were located in EPA's 1998 Chemical Update System (CUS)
utilizing the ITC-supplied CAS numbers, yielding 6 companies producing
these chemicals at 7 sites. Because the threshold for reporting to CUS
under the Inventory Update Rule is 10,000 lbs., and the threshold for
PAIR reporting is 500 kg (1,100 lbs.), and because there is no
requirement that inorganic chemicals be reported to CUS (the majority
of the vanadium compounds are inorganic), EPA assumed that one
manufacturer exists per chemical to account for the possibility that
there may be manufacturers producing PAIR-reportable amounts that
weren't captured by CUS. But EPA has no way of ascertaining this, a
fact which highlights the need for PAIR reporting on these chemicals.
Given the assumptions in this unit, the costs and burden associated
with this rule are estimated in the Economic Analysis (Ref. 4) to be
the following:
Reporting Costs (dollars)
47 reports estimated at [cost]
per report = $1465.88
Total Cost = $61537.12
Mean cost per site/firm = $61537.12/47 sites = $1465.88
Reporting Burden (hours)
Rule familiarization: 7 hours/site x 47 sites =329 hours
Reporting:1001.3 hours
Total burden hours = 1330.3 hours
Average burden per site/firm = 1330.3 hours/37 sites = 28.3 hours/
site
EPA Costs (dollars)
It is estimated that the annual cost to the Federal Government will
be $10,226.11 (47 reports x $217.58), plus 0.0176 Full Time Equivalent
Employees (FTEs). At an estimated $91,873.60 per FTE, the total of
0.1186 FTEs will cost EPA $10,898.95 in salaries, bringing the total
costs to the Federal Government to $21,125.06 (i.e., $10,226.11 +
$10,898.95) (Ref. 4).
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
The Office of Management and Budget (OMB) has exempted actions
under TSCA section 8(a) related to the PAIR rule from the requirements
of Executive Order 12866, entitled Regulatory Planning and Review (58
FR 51735, October 4, 1993).
B. Paperwork Reduction Act
Pursuant to the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et
seq.), an Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information that is subject to
approval under the PRA unless it displays a currently valid OMB control
number. The OMB control numbers for EPA's regulations, after appearing
in the preamble of the final rule, are listed in 40 CFR part 9, and
[[Page 34836]]
included on the related collection instrument. The information
collection activities related to this action have already been approved
by OMB, under OMB control number 2070-0054 (EPA ICR No. 586) for PAIR
reporting. This action does not impose any burdens requiring additional
OMB approval. The public reporting burden for this collection of
information is estimated to be 1330.3 hours (Ref. 4). Of that total, an
estimated 329 hours are spent in an initial review of the rule, and the
remaining 1001.3 hours are associated with actual reporting activities
(Ref. 4). Because this rule does not contain any new information
collection activities, additional review and approval of these
activities by OMB under the PRA is not necessary.
C. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (RFA) and the Small Business
Enforcement Fairness Act (SBREFA), EPA is required to consider whether
a regulatory action will have a significant adverse impact on small
entities. Both the RFA and SBREFA require EPA to determine whether a
rulemaking may result in ``significant economic impact on requirements
of the rule on a substantial number of small entities,'' and if so, to
tailor the requirements of the rule to mitigate such impacts, while
still maintaining a high level of environmental protection.
The small business size standards promulgated by the Small Business
Administration (SBA) (61 FR 3280, 3289-3291, January 31, 1996) for
chemical manufacturers are based solely on the number of employees,
with a base threshold of 1,000 employees for the ultimate corporate
parent, under which all businesses are considered small. Of the 47
businesses assumed to be affected by this rule, none meet this
definition of small business. Thus, EPA has determined that this rule
will not impose a significant impact on a substantial number of small
entities. Information relating to this EPA determination is included in
the docket for this rule (OPPT-2002-0061). Any comments regarding the
economic impacts that this action imposes on small entities should be
submitted to the Agency at any time after June 11, 2003 using the
methods discussed in Unit I.C.
D. Unfunded Mandates Reform Act
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995
(UMRA), Public Law 104-4, EPA has determined that this rule does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate, or the private sector in any one year. In addition, EPA has
determined that this rule will not significantly or uniquely affect
small governments. Accordingly, the rule is not subject to the
requirements of UMRA sections 202, 203, 204, or 205.
E. Executive Order 13132: Federalism
This action will not have a substantial direct effect on 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, as specified in Executive Order 13132, entitled
Federalism (64 FR 43255, August 10, 1999).
F. Executive Order 13175: Consultation and Coordination with Indian
Tribal Governments
Based on EPA's experience with past TSCA section 8(a) rulemakings,
State, local, and tribal governments have not been impacted by these
rulemakings, and EPA does not have any reasons to believe that any
State, local, or tribal government will be impacted by this rulemaking.
As a result, this action is not subject to the requirement for prior
consultation with Indian tribal governments as specified in Executive
Order 13175, entitled Consultation and Coordination with Indian Tribal
Governments (59 FR 22951, November 6, 2000).
G. Executive Order 13045: Protection of Children from Environmental
Health Risks and Safety Risks
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (52 FR 19855, April 23,
1997), does not apply to this rule, because it is not ``economically
significant'' as defined under Executive Order 12866, and does not
concern an environmental health or safety risk that may have a
disproportionate effect on children. This rule requires the reporting
of production, importation, use, and exposure-related information to
EPA by manufacturers (including importers) of certain chemicals
requested by the ITC to be added to the PAIR rule in its 48\th\ ITC
Report (Ref. 1), in its 50\th\ ITC Report (Ref. 2), and its 51\st\ ITC
Report (Ref. 3).
H. Executive Order 13211: Actions that Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, entitled Actions
that Significantly Affect Energy Supply, Distribution, or Use (66 FR
28355, May 22, 2001), because this action is not expected to affect
energy supply, distribution, or use.
I. National Technology Transfer and Advancement Act
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note). Section 12(d) of NTTAA directs EPA to use voluntary consensus
standards in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards. EPA invites public comment on
the Agency's determination that this regulatory action does not require
the consideration of voluntary consensus standards.
J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations
This action does not involve special considerations of
environmental justice-related issues pursuant to Executive Order 12898,
entitled Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994).
K. Executive Order 12630: Governmental Actions and Interference with
Constitutionally Protected Property Rights
EPA has complied with Executive Order 12630, entitled Governmental
Actions and Interference with Constitutionally Protected Property
Rights (53 FR 8859, March 15, 1988), by examining the takings
implications of this rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the Executive order.
L. Executive Order 12988: Civil Justice Reform
In issuing this rule, EPA has taken the necessary steps to
eliminate drafting
[[Page 34837]]
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct, as required by section 3 of
Executive Order 12988, entitled Civil Justice Reform (61 FR 4729,
February 7, 1996).
M. 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. 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 rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 712
Environmental protection, Chemicals, Hazardous substances, Health
and safety, Reporting and recordkeeping requirements.
Dated: June 3, 2003.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.
Therefore, 40 CFR chapter I is amended as follows:
PART 712--[AMENDED]
? 1. The authority citation for part 712 continues to read as follows:
Authority: 15 U.S.C. 2607(a).
? 2. In Sec. 712.30, the table in paragraph (d) is amended by adding the
chemicals: ``Benzenamine, 3-chloro-2,6-dinitro-N,N-dipropyl-4-
(trifluoromethyl)-;'' ``stannane, dimethylbis[(1-oxoneodecyl)oxy]-;''
``benzene, 1,3,5-tribromo-2-(2-propenyloxy)-;'' and ``1-triazene, 1,3-
diphenyl-'' listed in ascending CAS number order to read as follows:
Sec. 712.30 Chemical lists and reporting periods.
* * * * *
(d) * * *
----------------------------------------------------------------------------------------------------------------
CAS No. Substance Effective date Reporting date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
136-35-6 1-Triazene, 1,3- July 11, 2003 September 9, 2003
diphenyl-.
* * * * * * *
3278-89-5 Benzene, 1,3,5- July 11, 2003 September 9, 2003
tribromo-2-(2-
propenyloxy)-.
* * * * * * *
29091-20-1 Benzenamine, 3-chloro- July 11, 2003 September 9, 2003
2,6-dinitro-N,N-
dipropyl-4-
(trifluoromethyl)-.
* * * * * * *
68928-76-7 Stannane, July 11, 2003 September 9, 2003
dimethylbis[(1-
oxoneodecyl)oxy]-.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
? 3. In Sec. 712.30, the table in paragraph (e) is amended by adding in
alphabetical order the category ``Vanadium Compounds'' to read as
follows:
Sec. 712.30 Chemical lists and reporting periods.
* * * * *
(e) * * *
----------------------------------------------------------------------------------------------------------------
CAS No. Substance Effective date Reporting date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Vanadium compounds:
1314-34-7.................... Vanadium oxide (V2O3) July 11, 2003 September 9, 2003
[Vanadium trioxide].
1314-62-1.................... Vanadium oxide (V2O5) July 11, 2003 September 9, 2003
[Vanadium pentoxide].
1686-22-2.................... Vanadium, July 11, 2003 September 9, 2003
triethoxyoxo-, (T-4)-
[Triethyl
orthovanadate].
3153-26-2.................... Vanadium, oxobis (2,4- July 11, 2003 September 9, 2003
pentanedionato-
.kappa.O,.kappa.O')-
, (SP-5-21)-.
5588-84-1.................... Vanadium, oxotris(2- July 11, 2003 September 9, 2003
propanolato)-, (T-4)-
[Vanadium
triisopropoxide
oxide].
7440-62-2.................... Vanadium............. July 11, 2003 September 9, 2003
7632-51-1 Vanadium chloride July 11, 2003 September 9, 2003
(VCl4), (T-4)-
[Vanadium
tetrachloride].
¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬
7727-18-6.................... Vanadium, July 11, 2003 September 9, 2003
trichlorooxo-, (T-4)-
[Vanadium
oxytrichloride].
7803-55-6.................... Vanadate (VO31-), July 11, 2003 September 9, 2003
ammonium [Ammonium
metavanadate].
10049-16-8................... Vanadium fluoride July 11, 2003 September 9, 2003
(VF4) [Vanadium
tetrafluoride].
10213-09-9................... Vanadium, dichlorooxo- July 11, 2003 September 9, 2003
[Vanadyl
dichloride].
10580-52-6................... Vanadium chloride July 11, 2003 September 9, 2003
(VCl2) [Vanadium
dichloride].
11099-11-9................... Vanadium oxide July 11, 2003 September 9, 2003
[Polyvanadic acid].
11115-67-6................... Ammonium vanadium July 11, 2003 September 9, 2003
oxide.
11130-21-5................... Vanadium carbide..... July 11, 2003 September 9, 2003
12007-37-3................... Vanadium boride (VB2) July 11, 2003 September 9, 2003
12035-98-2................... Vanadium oxide (VO).. July 11, 2003 September 9, 2003
12036-21-4................... Vanadium oxide (VO2). July 11, 2003 September 9, 2003
12070-10-9................... Vanadium carbide (VC) July 11, 2003 September 9, 2003
[[Page 34838]]
12083-48-6................... Vanadium, dichlorobis July 11, 2003 September 9, 2003
(.eta.5-2,4-
cyclopentadien-1-yl)-
.
12166-27-7................... Vanadium sulfide (VS) July 11, 2003 September 9, 2003
12439-96-2................... Vanadium, July 11, 2003 September 9, 2003
oxo[sulfato(2-)-
.kappa.O]-,
pentahydrate
[Vanadyl sulfate
(VOSO4),
pentahydrate].
12604-58-9................... Vanadium alloy, base, July 11, 2003 September 9, 2003
V,C,Fe
(Ferrovanadium).
13470-26-3................... Vanadium bromide July 11, 2003 September 9, 2003
(VBr3).
13476-99-8................... Vanadium, tris(2,4- July 11, 2003 September 9, 2003
pentanedionato-
.kappa.O,.kappa.O')-
, (OC-6-11)-
[Vanadium
tris(acetylacetonate
)].
13497-94-4................... Silver vanadium oxide July 11, 2003 September 9, 2003
(AgVO3).
13517-26-5 Sodium vanadium oxide July 11, 2003 September 9, 2003
(Na4V2O7) [Sodium
pyrovanadate].
======================================================
13721-39-6................... Sodium vanadium oxide July 11, 2003 September 9, 2003
(Na3VO4) [Sodium
orthovanadate].
13769-43-2................... Vanadate (VO31-), July 11, 2003 September 9, 2003
potassium [Potassium
metavanadate].
13930-88-6................... Vanadium, oxo[29H,31H- July 11, 2003 September 9, 2003
phthalocy aninato(2-
)-
*COM001*.kappa.N29,
.kappa.N30,
.kappa.N31,
.kappa.N32]-, (SP-5-
12)-.
14059-33-7................... Bismuth vanadium July 11, 2003 September 9, 2003
oxide (BiVO4).
19120-62-8................... Vanadium, tris(2- July 11, 2003 September 9, 2003
methyl-1-
propanolato)oxo-, (T-
4)- [Isobutyl
orthovanadate].
24646-85-3................... Vanadium nitride (VN) July 11, 2003 September 9, 2003
27774-13-6................... Vanadium, July 11, 2003 September 9, 2003
oxo[sulfato(2-)-
.kappa.O]- [Vanadyl
sulfate].
30486-37-4................... Vanadium hydroxide July 11, 2003 September 9, 2003
oxide (V(OH)2O).
39455-80-6................... Ammonium sodium July 11, 2003 September 9, 2003
vanadium oxide.
53801-77-7................... Bismuth vanadium July 11, 2003 September 9, 2003
oxide.
65232-89-5................... Vanadium hydroxide July 11, 2003 September 9, 2003
oxide phosphate.
68130-18-7................... Vanadium hydroxide July 11, 2003 September 9, 2003
oxide phosphate
(V6(OH)3O3(PO4)7).
68815-09-8................... Naphthenic acids, July 11, 2003 September 9, 2003
vanadium salts.
68990-29-4................... Balsams, copaiba, July 11, 2003 September 9, 2003
sulfurized, vanadium
salts.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 03-14749 Filed 6-10-03; 8:45 am]
BILLING CODE 6560-50-S