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Lead and Lead Compounds; Lowering of Reporting Thresholds; Community Right-to-Know Toxic Chemical Release Reporting; Extension of Comment Period
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 29, 1999 (Volume 64, Number 209)]
[Proposed Rules]
[Page 58370-58372]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc99-26]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[OPPTS-400140B; FRL-6391-6]
RIN 2070-AD38
Lead and Lead Compounds; Lowering of Reporting Thresholds;
Community Right-to-Know Toxic Chemical Release Reporting; Extension of
Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; extension of comment period.
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SUMMARY: On August 3, 1999, EPA issued a proposed rule to lower the
reporting thresholds for lead and lead compounds which are subject to
reporting under section 313 of the Emergency Planning and Community
Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution
Prevention Act of 1990 (PPA). The proposed rule also included a
limitation on the reporting of lead when contained in certain alloys
and proposed modifications to certain reporting exemptions and
requirements for lead and lead compounds. On September 21, 1999, EPA
issued a Federal Register document extending the comment period 45 days
until November 1, 1999. The purpose of today's action is to inform
interested parties that, in an effort to ensure adequate opportunities
for input from all affected parties, including small businesses, EPA is
extending the comment period by another 45 days until December 16,
1999. The comment period for the proposed rule was initially scheduled
to close on September 17, 1999, and was extended 45 days to November 1,
1999.
DATES: Written comments, identified by the docket control number OPPTS-
400140, must be received by EPA on or before December 16, 1999.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit I. of the SUPPLEMENTARY INFORMATION section of this
document.
FOR FURTHER INFORMATION CONTACT: For technical information on this
action contact: Daniel R. Bushman, Petitions Coordinator, Environmental
Protection Agency, Mail Code 7408, 401 M St., SW., Washington, DC
20460; telephone number 202-260-3882, e-mail address:
bushman.daniel@epa.gov. For general information on EPCRA section 313,
contact the Emergency Planning and Community Right-to-Know Hotline,
Environmental Protection Agency, Mail Code 5101, 401 M St., SW.,
Washington, DC 20460, Toll free: 1-800-535-0202, in Virginia and
Alaska: 703-412-9877 or Toll free TDD: 1-800-553-7672.
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 lead or lead compounds. Potentially affected
categories and entities may include, but are not limited to:
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Examples of Potentially
Category Affected Entities
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Industry Facilities that: process
copper ores, lead and zinc
ores; operate pulp mills,
petroleum refineries,
primary copper smelters,
primary and secondary
nonferrous metal smelters,
gray/ductile iron
foundries, steel foundries,
blast furnaces, steel
mills, petroleum bulk
stations and terminals,
industrial boilers that
burn coal, wood, petroleum
products, and electric
utilities that combust coal
and/or oil for distribution
of electricity in commerce;
facilities that
manufacture, process, or
use inorganic pigments,
small arms ammunition,
asphalt paving mixtures and
blocks, storage batteries,
motor vehicles and motor
vehicle equipment;
manufacture electronic
components and accessories.
------------------------------------------------------------------------
Federal Government Federal facilities that:
manufacture, process, or
use lead or lead compounds;
burn coal or petroleum
products.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in the table could also be
affected. To determine whether your
[[Page 58371]]
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 in the preceding ``FOR FURTHER INFORMATION CONTACT'' section.
B. How Can I Get Additional Information or Copies of this Document or
Other Support Documents?
1. Electronically. You may obtain electronic copies of this
document from the EPA Internet Home Page at http:// www.epa.gov/. On
the Home Page select ``Laws and Regulations'' and then look up the
entry for this document under the ``Federal Register--Environmental
Documents.'' You can also go directly to the ``Federal Register''
listings at http:/ /www.epa.gov//fedrgstr/.
2. In person. The Agency has established an official record for
this action under docket control number OPPTS-400140. The official
record consists of the documents specifically referenced in this
action, any public comments received during an applicable comment
period, and other information related to this action, including any
information claimed as confidential business information (CBI). This
official record includes the documents that are physically located in
the docket, as well as the documents that are referenced in those
documents. The public version of the official record does not include
any information claimed as CBI. The public version of the official
record, which includes printed, paper versions of any electronic
comments submitted during an applicable comment period, is available
for inspection in the TSCA Nonconfidential Information Center, North
East Mall Rm. B-607, Waterside Mall, 401 M St., SW., Washington, DC.
The Center is open from noon to 4 p.m., Monday through Friday,
excluding legal holidays. The telephone number of the Center is (202)
260-7099.
C. How and to Whom Do I Submit Comments?
You may submit comments through the mail, in person, or
electronically. Be sure to identify the appropriate docket control
number (i.e., ``OPPTS-400140'') in your correspondence.
1. By mail. Submit written comments to: Document Control Office
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460.
2. In person or by courier. Deliver your comments to: OPPT Document
Control Office (DCO) in the East Tower Rm. G-099, Waterside Mall, 401 M
St., SW., Washington, DC. 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: 202-260-7093.
3. Electronically. Submit your comments electronically by E-mail
to: ``oppt.ncic@epamail.epa.gov.'' Please note that you should not
submit any information electronically that you consider to be CBI.
Electronic comments must be submitted as an ASCII file avoiding the use
of special characters and any form of encryption. Comments and data
will also be accepted on standard computer disks in WordPerfect 6.1/8.0
or ASCII file format. All comments and data in electronic form must be
identified by the docket control number OPPTS-400140. Electronic
comments on this proposal may also be filed online at many Federal
Depository Libraries.
D. How Should I Handle CBI Information that I Want to Submit to the
Agency?
You may claim information that you submit in response to this
document as CBI by marking any part or all of that information as CBI.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. A copy of the comment that does
not contain CBI must be submitted for inclusion in the public record.
Information not marked confidential will be included in the public
docket by EPA without prior notice. If you have any questions about CBI
or the procedures for claiming CBI, please consult with the technical
person identified in the ``FOR FURTHER INFORMATION CONTACT'' section.
II. Background Information
A. What Does this Notice Do and What Action Does this Notice Affect?
This document extends the comment period for EPA's August 3, 1999
proposed rule (64 FR 42222) (FRL-6081-4) to lower the reporting
thresholds for lead and lead compounds which are subject to reporting
under EPCRA section 313 and PPA section 6607. EPA proposed the lowering
of the reporting thresholds for lead and lead compounds pursuant to its
authority under EPCRA section 313(f)(2) to revise reporting thresholds.
The August 3, 1999 proposed rule also included a limitation on the
reporting of lead when contained in certain alloys and proposed
modifications to certain reporting exemptions and requirements for lead
and lead compounds.
B. Why and for How Long is EPA Extending the Comment Period?
EPA noted in the initial extension (64 FR 51093, September 21,
1999) (FRL-6382-9) that it had received requests from a number of
groups to extend the comment period for the August 3, 1999 proposed
rule. Since that time, EPA has received requests for an additional
extension from a number of groups, including small businesses. In order
to ensure adequate opportunities for input from all affected parties,
including small businesses, EPA has determined that extending the
comment period is an appropriate action and will not cause significant
delay in the evaluation of the proposed rule. Therefore, EPA is
extending the comment period on the August 3, 1999 proposed rule by
another 45 days. All comments must be received by December 16, 1999.
III. Do Any of the Regulatory Assessment Requirements Apply to this
Action?
No. As indicated previously, this action merely announces the
extension of the comment period for the proposed rule. This action does
not impose any new requirements. As such, this action does not require
review by the Office of Management and Budget (OMB) under Executive
Order 12866, entitled Regulatory Planning and Review (58 FR 51735,
October 4, 1993), the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., or Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997). This action does not impose any enforceable duty, contain any
unfunded mandate, or impose any significant or unique impact on small
governments as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4). Nor does it require prior consultation with State,
local, and Tribal government officials as specified by Executive Order
12875, entitled Enhancing Intergovernmental Partnerships (58 FR 58093,
October 28, 1993) and Executive Order 13084, entitled Consultation and
Coordination with Indian Tribal Governments (63 FR 27655, May 19,
1998), or special consideration of environmental justice related issues
under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994) or require OMB review in
accordance with Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997). The
[[Page 58372]]
Agency has determined that 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 12612, entitled Federalism (52 FR 41685, October 30,
1987). 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). In addition, since this action is not subject to notice-and-
comment requirements under the Administrative Procedure Act or any
other statute, it is not subject to the regulatory flexibility
provisions of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.). EPA's compliance with these statutes and Executive Orders for
the underlying proposed rule, is discussed in the preamble to the
proposed rule (64 FR 42222).
List of Subjects in 40 CFR Part 372
Environmental protection, Chemicals, Community right-to-know,
Hazardous substances, Intergovernmental relations, Reporting and
recordkeeping requirements, Superfund.
Dated: October 25, 1999.
Susan H. Wayland,
Deputy Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
[FR Doc. 99-28487 Filed 10-28-99; 8:45 am]
BILLING CODE 6560-50-F