Correction to Chemical Nomenclature for Monomer Acid and
Derivatives for TSCA Inventory Purpose
[Federal Register: June 27, 2001 (Volume 66, Number 124)]
[Notices]
[Page 34193-34198]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn01-80]
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ENVIRONMENTAL PROTECTION AGENCY
[OPPTS-50040A; FRL-6784-6]
Correction to Chemical Nomenclature for Monomer Acid and
Derivatives for TSCA Inventory Purpose
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: An August 2, 1985 letter from EPA erroneously equated monomer
acid and its derivatives with Tall Oil Fatty Acid (TOFA) and its
corresponding derivatives for Toxic Substances Control Act (TSCA)
Inventory purposes when, in fact, they are chemically distinct. As a
result, many manufacturers of monomer acid derivatives have not
submitted Premanufacture Notices (PMNs) under TSCA section 5, because
the letter incorrectly indicated that monomer acid derivatives were
covered by TOFA derivatives already on the Inventory. This notice
implements a correction to the 1985 letter on nomenclature of monomer
acid and derivatives. With this correction, monomer acid derivatives
that are not on the Inventory will be considered new chemical
substances under section 5 of TSCA. Manufacturers of monomer acid
derivatives not on the Inventory have 1 year to complete the PMN
process to comply with this nomenclature correction. Today's
nomenclature correction finalizes the Federal Register notice of
October 31, 2000.
DATES: This action will become effective June 27, 2002.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit I.C. of the SUPPLEMENTARY INFORMATION. To ensure
proper receipt by EPA, it is imperative that you identify docket
control number
[[Page 34194]]
OPPTS-50040A in the subject line on the first page of your response.
FOR FURTHER INFORMATION CONTACT: For general information
contact:Barbara Cunningham, Acting Director, Environmental Assistance
Division (7401), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone numbers: 202-554-1404; e-mail address:
TSCA-Hotline@epa.gov.
For technical information contact:Kenneth Moss, New Chemicals
Prenotice Branch (7405), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 260-3395; fax number:
(202) 260-0118; e-mail address: moss.kenneth@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Document Apply to Me?
You may be affected by this document if you are, or may in the
future be, a manufacturer or importer of a monomer acid derivative that
requires submission of a Premanufacture Notice (PMN) under the Toxic
Substances Control Act (TSCA). Special rules apply to persons who
manufactured, between August 2, 1985, and the effective date of this
Federal Register notice, monomer acid derivatives that, in reliance on
EPA's guidance of August 2, 1985, could have been viewed as covered by
corresponding TOFA chemicals listed on the TSCA Inventory. Potentially
affected entities may include, but are not limited to the following:
------------------------------------------------------------------------
Examples of
Categories NAICS codes Potentially
Affected Entities
------------------------------------------------------------------------
Chemical manufacturers or 325, 32411 Anyone who
importers manufactures or
imports, or who
plans to
manufacture or
import, a monomer
acid derivative
or other
``downstream''
substance based
on monomer acid
for a non-exempt
commercial
purpose
------------------------------------------------------------------------
This listing 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. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether or not this action might apply to certain entities. If you have
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 Additional Information, Including Copies of this
Document and Other Related Documents?
1. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
To access this document, on the Home Page select ``Laws and
Regulations'' and then look up the entry for this document under
theFederal Register--Environmental Documents. You can also go directly
to the Federal Register listings at http://www.epa.gov/fedrgstr/. To
access information about EPA's New Chemicals Program, go directly to
the Home Page at http://www.epa.gov/oppt/newchems/.
2. In person. The Agency has established an official record for
this action under docket control number OPPTS-50040A. 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 for the Center is (202)
260-7099.
II. Background
A. What Action is the Agency Taking?
An August 2, 1985 letter from EPA erroneously equated monomer acid
and its derivatives with Tall Oil Fatty Acid (TOFA) and its
corresponding derivatives for TSCA inventory purposes when, in fact,
they are chemically distinct. As a result, many manufacturers of
monomer acid derivatives have not submitted PMNs under TSCA section 5,
because the letter incorrectly indicated that monomer acid derivatives
were covered by TOFA derivatives already on the Inventory. This notice
implements a correction to the 1985 letter on nomenclature of monomer
acid and derivatives. With this correction, monomer acid derivatives
that are not on the Inventory will be considered new chemical
substances under section 5 of TSCA. Today's nomenclature correction
finalizes theFederal Register notice of October 31, 2000 (65 FR 64944)
(FRL-6746-7).
B. What is the Agency's Authority for Taking this Action?
Section 5 of TSCA requires any person who intends to manufacture
(defined by statute to include import) a new chemical (i.e., a chemical
not on the TSCA Inventory) to notify EPA and comply with the statutory
provisions pertaining to the manufacture of new chemicals. Section 8(b)
of TSCA requires EPA to compile, keep current, and publish a list of
each chemical substance which is manufactured or processed in the
United States (the TSCA Inventory). This requirement includes defining
the scope of the chemical listings on the Inventory.
C. Why is this Nonmenclature Correction Necessary?
1. The 1985 letter. The August 2, 1985 EPA letter to an industry
representative on the nomenclature for monomer acids states:
The co-product produced during the catalytic dimerization of
tall oil fatty acids and generally known as `monomer acid' or
`monomer fatty acid' is considered to be the same as tall oil fatty
acids for TSCA Inventory purposes.
[and]
Because the names oleic acid, octadecenoic acid, and tall oil
fatty acid may have been used to represent the same substance on the
Inventory, they are synonymous terms within the context of the
Inventory. If one wishes to determine if a substance derived from
monomer acid is on the Inventory, and he finds a similar derivative
under any of these names, his product is on the Inventory.
(See docket OPPTS-50040 for full text.)
2. Discussion. Tall oil is a source for natural fatty acids,
commonly referred
[[Page 34195]]
to as Tall Oil Fatty Acids (``TOFA''). TOFA may be reacted with other
substances to create TOFA derivatives. TOFA that is heated in the
presence of an acid clay catalyst forms a ``dimer acid'' together with
small amounts of ``trimer acid'' and higher oligomers. The ``dimer
acid'' process also produces ``monomer acid'' as a co-product. The
monomer acid is often used as an inexpensive fatty acid source to make
monomer acid derivatives or other downstream products for use in
lubricants, greases, hot melt adhesives, printing ink resins, ore
flotation agents, corrosion inhibitors, etc.
It is clear that the TOFA dimerization process yields distinct
chemical substances that may be separated by distillation: dimer acid,
trimer acid, and monomer acid. Whereas the natural source-derived TOFA
largely consists of linear C18-unsaturated carboxylic acids,
principally oleic and linoleic acids, monomer acid contains relatively
small amounts of oleic and linoleic acids, and instead contains
significant amounts of branched, and some cyclic, C18 acids, both
saturated and unsaturated, as well as elaidic acid. The more diverse
and significantly branched composition of monomer acid results from the
thermal catalytic processing carried out on TOFA or analogous
feedstocks.
Further, the reaction of monomer acid with other chemical
substances also yields unique, identifiable derivative substances which
are chemically different from corresponding TOFA derivatives.
Therefore, it is incorrect to equate monomer acid to TOFA, or a monomer
acid derivative to a TOFA derivative.
Oleic acid and octadecenoic acid are also unique, identifiable
substances that are distinguished from monomer acid because of their
essentially linear, unsaturated acid composition. Thus, the derivatives
of oleic and octadecenoic acid are also unique, identifiable, and
different from monomer acid derivatives.
Through dialogue over the last 6 years, EPA and industry have
worked toward a mutual understanding of the correct nomenclature for
these chemical substances that previously were believed to be on the
Inventory, and have mutually developed procedures to implement the
nomenclature change. In 1994, the Pine Chemicals Association (PCA),
then known as the Pulp Chemicals Association asked EPA to clarify the
Agency's chemical nomenclature policy for dimer acids. At that time,
several alternative listings for dimer acid were present in the
Inventory. PCA and EPA agreed that one description, ``Fatty acids, C18-
unsatd., dimers (CAS Registry Number 61788-89-4),'' would describe
dimer acids irrespective of the fatty acid source (except for the crude
form of dimer acid that is not made from oleic acid or linoleic acid,
and is used directly as a crude chemical intermediate, which is instead
named ``Fatty acids, C16-18 and C18-unsatd., dimerized (CAS Registry
Number 71808-39-4)''). Subsequently, over 100 Inventory corrections
were filed and the dimer acid issue successfully resolved. During this
program it was also realized that a similar issue existed for a co-
product, monomer acid, as there were at least two ways in which it was
identified in the Inventory. As a consequence, different types of
chemical names exist on the Inventory for derivatives and other
downstream products based on monomer acids. EPA and PCA agreed that it
would be necessary to correct the existing Inventory listings under a
uniform nomenclature.
EPA also acknowledged that the August 2, 1985, Agency letter had
erroneously equated monomer acid derivatives with TOFA derivatives and
derivatives of oleic acid or octadecenoic acid, when in fact they are
chemically distinct. Because the guidance found in the 1985 letter led
the manufacturers to believe that the products they manufactured were
already on the Inventory under a name based on TOFA, oleic acid, or
octadecenoic acid, since 1985 a number of manufacturers of monomer acid
products have not submitted PMNs required under section 5 of TSCA.
III. TSCA New Chemicals Program Policy for Monomer Acid Chemical
Nomenclature
Today's nomenclature correction finalizes the Federal Register
notice of October 31, 2000 (65 FR 64944), and constitutes official
notice that EPA's August 2, 1985, letter was erroneous and that monomer
acids are not equivalent to TOFA, oleic acid, or octadecenoic acid for
Inventory purposes. Under this notice, PMNs are required for monomer
acid derivatives that are not explicitly on the TSCA Inventory and
which are manufactured on or after the effective date of this notice.
A. Discussion of the Public Comments on the Proposed Notice
The Agency reviewed and considered the two comments that were
received on the October 31, 2000 Federal Register notice. A complete
copy of the comments is available in the public docket for this action.
Comment. Both commenters agreed that monomer acid and its
derivatives are not synonymous with tall oil fatty acid and its
derivatives; however, they objected to the burdensome mechanism of PMN
preparation and submission to correct the chemical nomenclature. One
commenter suggested alternative methods, such as opening a TSCA 8(b)
Inventory reporting period that would mirror the original compilation
of the Inventory, or EPA working with the Chemical Abstract Services
(CAS) to simply add the new CAS Registry Numbers to the Inventory as an
Inventory correction. The commenter asserted that the latter
alternative approach would be similar to what EPA proposed in its
discussion with the Soap and Detergent Association (SDA) and fatty acid
producers.
Response. As mentioned in the October 31, 2000 Federal Register
notice, because these monomer acid derivatives were not manufactured
during the Initial Inventory reporting period and were never reported
for the Initial TSCA Inventory, under the Inventory correction
guidelines (July 29, 1980; 45 FR 50544) they are not eligible for
Inventory correction as an alternative to PMN submission. Furthermore,
the circumstances of this monomer acid nomenclature are not similar to
the project proposed by the SDA regarding certain multi-component fatty
acids and their derivatives. Under the proposed SDA project, the
objective is to simplify and consolidate multiple existing Inventory
listings under one preferred name for those substances that are
considered to be identical. All of the substances that would be
considered under the proposed SDA project are currently listed on the
Inventory. There are no chemicals to be added to the Inventory. EPA
believes that the monomer acid situation is more like that for polymer
salts under 40 CFR 710.4(d)(7) and 720.30(h)(7), in which certain
chemicals that did not qualify for the reporting exclusions under 40
CFR 710.4(d)(7) and 720.30(h)(7) were never reported for the Inventory
or reviewed by EPA under the PMN program due to a confusion in the
regulatory language. In both the current case and the one involving the
polymer salts, those chemicals in question that were reportable were
manufactured after the close of the Inventory reporting period and PMNs
would have been submitted had there not been any erroneous guidance
from EPA. Therefore, the net PMN reporting burden should be no greater
than if EPA had issued accurate guidance on
[[Page 34196]]
monomer acid and its derivatives in 1985.
Those who already reported monomer acid derivatives initially
manufactured since August 2, 1985, will not need to do anything, while
those who have not yet reported such substances must do so by the
effective date of this notice. In this way, PMNs will finally have been
submitted for all of the monomer acid derivatives initially
manufactured for a non-exempt commercial purpose subsequent to the
Agency's erroneous 1985 guidance (see exception for those monomer acid
derivatives not currently being manufactured, under Unit III.F.).
However, due to the confusion caused by EPA's 1985 erroneous guidance,
the Agency wishes to minimize any inconvenience to the chemical
industry by taking two specific steps to facilitate the PMN submission
and review process: suspending EPA's policy of a limit of six chemical
substances per consolidation notice and waiving PMN fees (see Unit
III.C.).
B. What is the Basis for and Scope of this Nomenclature Correction?
EPA no longer considers as valid the nomenclature interpretation in
the August 2, 1985 EPA letter which stated:
The co-product produced during the catalytic dimerization of
tall oil fatty acids and generally known as `monomer acid' or
`monomer fatty acid' is considered to be the same as tall oil fatty
acids for TSCA Inventory purposes.
[and]
Because the names oleic acid, octadecenoic acid, and tall oil
fatty acid may have been used to represent the same substance on the
Inventory, they are synonymous terms within the context of the
Inventory. If one wishes to determine if a substance derived from
monomer acid is on the Inventory, and he finds a similar derivative
under any of these names, his product is on the Inventory.
The nomenclature correction affects anyone who manufactures or
imports, or who plans to manufacture or import, a monomer acid
derivative or other ``downstream'' substance based on monomer acid for
a non-exempt commercial purpose. Monomer acid is considered to be the
combination of non-dimerized fatty acids formed and separated as a co-
product from the manufacture of dimer acid containing 36 carbon atoms
that is listed in the TSCA Inventory as ``Fatty acids, C18-unsatd.,
dimers'' (CAS Registry Number 61788-89-4). The correct nomenclature now
required for monomer acid is ``Fatty acids, C16-18 and C18-unsatd.,
branched and linear'' (CAS Registry Number 68955-98-6). For TSCA
Inventory purposes, derivatives and other downstream products made from
monomer acid must be named consistently with this nomenclature for
monomer acid.
C. What are the Key Dates and Special Provisions of this Nomenclature
Correction?
The effective date for this new nomenclature interpretation,
described in Unit III.A., will be June 27, 2002. Prior to this date,
EPA will allow manufacturers to continue commercial production of
existing monomer acid derivatives and downstream products under the old
nomenclature. After the effective date, companies that manufacture
monomer acid derivatives and downstream products under the old
nomenclature will no longer be in compliance with TSCA section 5.
Therefore, companies should submit PMNs at least 90 days before the
effective date to ensure that Agency review is completed before this
nomenclature correction takes effect. EPA encourages conversion to the
new nomenclature immediately instead of delaying the correction to the
effective date of this notice.
EPA is taking two additional steps to facilitate the Premanufacture
Notice process for chemical substances currently using the incorrect
nomenclature. For the purposes of this nomenclature correction only,
EPA is (1) Suspending its TSCA New Chemicals Program policy of a limit
of six chemical substances per consolidated PMN and (2) Waiving PMN
fees for any PMN submissions required as a result of the nomenclature
correction. However, in order to facilitate the review of these special
PMN submissions, submitters should use the Chemical Abstracts Service
(CAS) Inventory Expert Service to develop correct Chemical Abstracts
(CA) names for all of their reported substances in accordance with
Method 1 as described at 40 CFR 720.45(a)(3)(i).
D. What Special Information Should be Included When Filling Out the PMN
Form?
On the first page of the PMN form, the PMN submitter or filing
organization should insert the word ``WAIVER'' in the boxes reserved
for the User Fee (``TS'') Numbers, because these PMNs are exempt from
the user fee. On page 2 of the PMN form, submitters should check the
box for the $2,500 user fee certification statement and also type the
following statement: ``No fee required, per EPA's ``Correction to
Chemical Nomenclature for Monomer Acid Derivatives for TSCA Inventory
Purposes'' June 27, 2001. For item 3 on page 3 of the PMN form,
submitters should list Prenotice Communication number ``PC 4078.'' ``PC
4078'' has been established for all pre-notice communication regarding
this nomenclature correction, except that, if an individual company or
group of companies submits a consolidated PMN covering more than one
chemical substance, they will need to request a separate PC number for
the consolidated notice. The individual manufacturers and importers of
monomer acid derivatives will be the submitter of record for each PMN
chemical substance. Other information, such as toxicity data on the PMN
chemical substance that are in the possession or control of the PMN
submitter, or known to or reasonably ascertainable by the PMN
submitter, must also be submitted or described by each individual
manufacturer or importer, as specified in 40 CFR 720.50.
E. What are the Consequences of Not Submitting a PMN and Completing PMN
Review on a Monomer Acid Derivative Before the Effective Date of this
Nomenclature Correction Notice?
On the effective date of this nomenclature correction notice, TOFA,
oleic acid, or octadecenoic acid will no longer be considered
equivalent to monomer acid. Starting on the effective date, anyone
manufacturing a chemical substance based on monomer acid that is not
specifically listed on the TSCA Inventory using the correct
nomenclature for the monomer acid component of the chemical substance
will be in violation of TSCA. A person may, of course, continue to
manufacture TOFA derivatives and derivatives of oleic acid or
octadecenoic acid that are listed on the Inventory without submitting a
PMN.
F. Is a PMN Required for Everyone Who Did Not Submit One Since 1985
Because of the Incorrect EPA Guidance, Regardless of Whether this
Person Still Manufactures the Substance Today?
A PMN must be submitted by those persons who intend to manufacture,
on or after the effective date of this nomenclature correction notice,
monomer acid derivatives and other downstream products based on monomer
acid that are not on the TSCA Inventory. For example, if you initially
manufactured such a monomer acid derivative in 1986 but are not
currently manufacturing or intending to resume manufacture, you are not
required to submit a PMN now.Note, however, that the substance will not
appear on the TSCA Inventory by virtue of your previous manufacture of
it. Moreover, if you plan to manufacture the monomer acid derivative on
or after the effective
[[Page 34197]]
date of this nomenclature correction notice and the substance has not
in the interim been placed on the Inventory due to another company's
manufacture or import, you will need to submit a PMN at least 90 days
before commencing manufacture.
G. Do the Special Procedures Announced in this Notice Apply to Monomer
Acid Derivatives That Were Never Manufactured Between August 2, 1985,
and the Date of this Notice, or for Which There Is No Corresponding
TOFA Listing on the TSCA Inventory?
No. The special procedures described above in Unit III.C. (i.e.;
waiver of user fee, allowing consolidated PMNs of more than 6
chemicals, and the PMN requirement becoming effective 1-year from
publication of this notice) apply only to persons who manufactured,
between August 2, 1985, and the date of this Federal Register notice, a
monomer acid derivative that, in reliance on EPA's erroneous guidance,
could be viewed as covered by a corresponding TOFA listing already on
the TSCA Inventory. These procedures do not apply to monomer acid
derivatives that either: (1) were never manufactured between August 2,
1985, and the date of this Federal Register notice, or (2) for which
there is/was no corresponding TOFA listing on the TSCA Inventory.
Manufacture of monomer acid derivatives that were never manufactured
between August 2, 1985, and the date of this Federal Register notice,
or for which there is no corresponding TOFA listing on the TSCA
Inventory, requires compliance with all the regular PMN rules of TSCA
section 5 and 40 CFR part 720.
H. Are There any Special Considerations for Consolidated PMNs Submitted
as Part of an Organized Filing by Multiple Companies?
EPA expects that there will be both individual and consolidated
PMNs submitted as a result of this nomenclature correction. It may be
possible that only one consolidated PMN is necessary for each chemical
class of product based on monomer acid. Notices can be submitted by
individual companies or as part of an organized effort to submit
consolidated PMNs. Where there is an organized filing of consolidated
PMNs, PMN Standard Form pages 8 through 11 of each consolidated PMN may
be filled out by the filing group of companies (this information is
expected to be of a more general nature, applicable to a given class of
monomer acid derivative). Pages 1 through 7, however, pertain to
information that is specific to individual submitters, and will need to
be filled out by the individual manufacturers and importers.
I. How will EPA Handle CBI in PMNs Involving Multiple Submitters?
Consistent with 40 CFR 720.40(e), multiple persons submitting
information required in a specific PMN or consolidated PMN may make
separate submissions to EPA so as not to disclose confidential business
information (CBI) to one another. For example, a customer of a PMN
submitter of record who also is a manufacturer of a monomer acid
derivative may submit a letter of support, confidential from the
supplier, directly to EPA for TSCA section 5 notification, giving
complete chemical identity, health and safety, use, production volume,
and/or process information, etc., for his or her substance. This
enables the customer to disclose any specific CBI to EPA but not to the
other parties in the PMN.
IV. Do Any of the Regulatory Assessment Requirements Apply to this
Action?
A. General
No. This document is not a rule. It only makes a correction to TSCA
Inventory nomenclature. 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)
or Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997).
Because this action is not economically significant as defined by
section 3(f) of Executive Order 12866, this action is not subject to
Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997).
This action will not result in environmental justice related issues
and does not, therefore, require special consideration under Executive
Order 12898, entitled Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations (59 FR 7629,
February 16, 1994).
This action is not subject to notice-and-comment requirements under
the Administrative Procedure Act or any other statute, and is not
subject to the provisions of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded
Mandates Reform Act of 1995 (UMRA) (Public Law 104-4). In addition,
this action does not significantly or uniquely affect small governments
or impose a significant intergovernmental mandate, as described in
sections 203 and 204 of UMRA. This action 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, as specified
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999). Nor does this action have substantial direct effects on tribal
governments, on the relationship between the Federal government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175, entitled Consultation and Coordination with
Indian Tribal Governments (65 FR 67249, November 6, 2000).
This action does not involve any technical standards that require
the Agency's 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 issuing this action, EPA has taken the necessary steps to
eliminate drafting 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).
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 action in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the Executive Order.
B. Paperwork Reduction Act (PRA)
This document does not contain any new information collection
requirements that would require additional OMB review and approval. The
information collection activities related to the submission of
information pursuant to TSCA section 5 have been already approved by
OMB under OMB control number 2070-00012 (EPA ICR No. 574). The annual
respondent burden for this information collection activity is estimated
to average 100 hours per respondent, including time for reading the
regulations, processing, compiling and reviewing the requested data,
[[Page 34198]]
generating the request, storing, filing, and maintaining the data. The
additional reporting requirement is estimated to be 100 additional PMNs
over and above the current annual projections of PMN submissions. The
ICR projects about 185,000 burden hours annually. An additional 100
PMNs at 100 hours each would be covered by this current estimate.
As defined by the PRA and 5 CFR 1320.3(b), ``burden'' means the
total time, effort, or financial resources expended by persons to
generate, maintain, retain, or disclose or provide information to or
for a Federal agency. This includes the time needed to review
instructions; develop, acquire, install, and utilize technology and
systems for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
V. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1966, does not
apply because this action is not a rule for purposes of 5 U.S.C.
804(3). Nevertheless, EPA has provided a courtesy copy of this action
to each House of the Congress and the Comptroller General of the United
States.
List of Subjects
Environmental protection, Chemical substances, Hazardous
substances, Reporting and recordkeeping requirements.
Dated: June 18, 2001.
Stephen L. Johnson,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. 01-16124 Filed 6-26-01; 8:45 am]
BILLING CODE 6560-50-S