Federal Register: November 21, 2000
[Federal Register: November 21, 2000 (Volume 65, Number 225)]
[Proposed Rules]
[Page 69888-69889]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21no00-23]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 69888]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[OEI-100004A; FRL-6722-5]
RIN 2070-AC00
Addition of Diisononyl Phthalate Category; 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 September 5, 2000, EPA issued a proposed rule, in response
to a petition filed under section 313(e)(1) of the Emergency Planning
and Community Right-to-Know Act (EPCRA), to add a diisononyl phthalate
(DINP) category to the list of toxic chemicals subject to the reporting
requirements under EPCRA section 313 and section 6607 of the Pollution
Prevention Act (PPA). EPA proposed to add this chemical category to the
EPCRA section 313 list pursuant to its authority to add chemicals and
chemical categories because EPA believes this category meets the EPCRA
section 313(d)(2)(B) toxicity criterion. 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, EPA is extending the
comment period by 60 days until February 2, 2001. The comment period
for the proposed rule was initially scheduled to close on December 4,
2000.
DATES: Comments, identified by the docket control number OEI-100004,
must be received by EPA on or before February 2, 2001.
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
proposed rule contact: Daniel R. Bushman, Petitions Coordinator,
Environmental Protection Agency, Mail Code 2844, 1200 Pennsylvania
Ave., 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, 1200
Pennsylvania Ave., NW., 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 affected by this action if you manufacture, process, or
otherwise use any of the chemicals included in the proposed DINP
category. Potentially affected categories and entities may include, but
are not limited to:
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Examples of Potentially Interested
Category Entities
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Industry SIC major group codes 10 (except
1011, 1081, and 1094), 12 (except
1241), or 20 through 39; industry
codes 4911 (limited to facilities
that combust coal and/or oil for
the purpose of generating power for
distribution in commerce); 4931
(limited to facilities that combust
coal and/or oil for the purpose of
generating power for distribution
in commerce); or 4939 (limited to
facilities that combust coal and/or
oil for the purpose of generating
power for distribution in
commerce); or 4953 (limited to
facilities regulated under the
Resource Conservation and Recovery
Act, subtitle C, 42 U.S.C. section
6921 et seq.), or 5169, or 5171, or
7389 (limited to facilities
primarily engaged in solvent
recovery services on a contract or
fee basis)
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Federal Government Federal facilities
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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 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 proposal under docket control number OEI-100004. The official
record consists of the documents specifically referenced in Unit VIII.
of this proposal and other information related to this proposal,
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 is available for inspection in the TSCA Nonconfidential
Information Center, North East Mall Rm. B-607, Waterside Mall, 401 M
St., SW.,
[[Page 69889]]
Washington, DC. The Center is open from noon to 4 p.m., Monday through
Friday, excluding legal holidays. The telephone number 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., ``OEI-100004'') in your correspondence.
1. By mail. Submit written comments to: Document Control Office
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
2. In person or by courier. Deliver your comments to: OPPT Document
Control Office (DCO) in 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@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 OEI-100004. 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
proposal 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 September 5,
2000 proposed rule (65 FR 53681) (FRL-6722-3) to add a DINP category to
the list of toxic chemicals subject to the reporting requirements under
EPCRA section 313 and section 6607 of the PPA.
B. Why and for How Long is EPA Extending the Comment Period?
EPA has received several requests to extend the comment period for
the September 5, 2000 proposed rule. In order to ensure adequate
opportunities for input from all affected parties, 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 September 5, 2000
proposed rule by 60 days. All comments must be received by February 2,
2001.
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
13132, entitled Federalism (64 FR 43255, August 10, 1999) 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 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 (65 FR 53681).
List of Subjects in 40 CFR Part 372
Environmental protection, Chemicals, Community right-to-know,
Hazardous substances, Intergovernmental relations, Reporting and
recordkeeping requirements, Superfund, Toxic chemicals.
Dated: November 7, 2000
Elaine G. Stanley,
Director, Office of Information Analysis and Access.
[FR Doc. 00-29510 Filed 11-20-00; 8:45 am]
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