[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Rules and Regulations]
[Pages 70552-70557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26821]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 712

[OPPT-2004-0089; FRL-7366-8]
RIN 2070-AB08


Preliminary Assessment Information Reporting; Addition of Certain 
Chemicals

AGENCY: Environmental Protection Agency (EPA).

ACTION:  Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule, issued pursuant to section 8(a) of the Toxic 
Substances Control Act (TSCA), will require certain manufacturers 
(including importers) of 3 chemical substances in the chemical category 
``Pyridinamines'' and 20 chemical substances in the chemical category 
``Tungsten Compounds'' to submit a one-time report on general 
production/importation volume, end use, and exposure-related 
information to EPA. The Interagency Testing Committee (ITC), 
established under section 4(e) of TSCA to recommend chemicals and

[[Page 70553]]

chemical mixtures to EPA for priority testing consideration, amends the 
TSCA Section 4(e) Priority Testing List through periodic reports 
submitted to EPA. The ITC recently added these 2 categories containing 
23 chemicals to the Priority Testing List.
    In addition, EPA is adding as required under the Paperwork 
Reduction Act (PRA) the Office of Management and Budget (OMB) approved 
information collection requirements contained in this final rule to 
EPA's table of OMB control numbers in the Code of Federal Regulations 
(CFR).

DATES: This final rule is effective on January 6, 2005. For purposes of 
judicial review, this rule shall be promulgated at 1 p.m. eastern 
daylight/standard time on December 21, 2004. (See 40 CFR 23.5)
     For submission of a Preliminary Assessment Information Reporting 
(PAIR) Form, see Unit III.B. of the SUPPLEMENTARY INFORMATION.
    A request to withdraw a chemical from this rule, pursuant to 40 CFR 
712.30(c), must be received on or before December 21, 2004. (See Unit 
IV. of the SUPPLEMENTARY INFORMATION.)

ADDRESSES: Instructions: Direct your submissions to docket 
identification (ID) number OPPT-2004-0089. EPA's policy is that all 
comments received will be included in the public docket without change 
and may be made available online at http://www.epa.gov/edocket/, 
including any personal information provided, unless the comment 
includes information claimed to be Confidential Business Information 
(CBI) or other information whose disclosure is restricted by statute. 
Do not submit information that you consider to be CBI or otherwise 
protected through EDOCKET, regulations.gov, or e-mail. The EPA EDOCKET 
and the regulations.gov websites are ``anonymous access'' systems, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through EDOCKET or 
regulations.gov, your e-mail address will be automatically captured and 
included as part of the comment that is placed in the public docket and 
made available on the Internet. If you submit an electronic comment, 
EPA recommends that you include your name and other contact information 
in the body of your comment and with any disk or CD-ROM you submit. 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. Electronic files should avoid the use of special characters, 
any form of encryption, and be free of any defects or viruses. For 
additional information about EPA's public docket visit EDOCKET on-line 
or see the Federal Register of May 31, 2002 (67 FR 38102) (FRL-7181-7).
     Submit your withdrawal requests and PAIR forms, identified by 
docket ID number OPPT-2004-0089, by one of the following methods:
    <bullet> Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001, Attention: 8(a) 
Auto-ITC.
    <bullet> Hand delivery: OPPT Document Control Office (DCO), EPA 
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. 
Attention: 8(a) Auto-ITC. 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. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket/. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the OPPT Docket, EPA Docket Center, EPA West, Rm. B102, 1301 
Constitution Ave., NW., Washington, DC. The Public Reading Room 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 the EPA Docket Center, is (202) 566-0280.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, 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: <a href="/cdn-cgi/l/email-protection#beeaedfdff93f6d1cad2d7d0dbfedbcedf90d9d1c8"><span class="__cf_email__" data-cfemail="7f2b2c3c3e5237100b1316111a3f1a0f1e51181009">[email protected]</span></a>.
    For technical information contact: Joe Nash, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 564-8886; fax 
number: (202) 564-4765; e-mail address: <a href="/cdn-cgi/l/email-protection#c0a3a3a4eea3a9b4a280a5b0a1eea7afb6"><span class="__cf_email__" data-cfemail="6d0e0e09430e04190f2d081d0c430a021b">[email protected]</span></a>.

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 40 CFR 712.30(e) of the regulatory text of this 
document. Entities potentially affected by this action may include, but 
are not limited to:
    <bullet> Chemical manufacturers (including importers), (NAICS 325, 
324110), 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 Access Electronic Copies of this Document and Other 
Related Information?

    In addition to EDOCKET (http://www.epa.gov/edocket/), 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 parts 9 
and 712 is available on E-CFR Beta Site Two at http://www.gpoaccess.gov/ecfr/.

C. How Do I Submit CBI Information?

    Do not submit this information to EPA through EDOCKET, 
regulations.gov, or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, 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 claimed as CBI. In addition to one 
complete version of the comment that includes 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. 
Information so marked will not be

[[Page 70554]]

disclosed except in accordance with procedures set forth in 40 CFR part 
2.

II. Background

A. What Action is the Agency Taking?

    EPA is issuing a final TSCA section 8(a) PAIR rule which requires 
certain manufacturers (including importers) of 3 chemical substances in 
the chemical category ``Pyridinamines'' and 20 chemical substances in 
the chemical category ``Tungsten Compounds'' 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 23 chemical 
substances that are being added to the PAIR rule.

B. What is the Agency's Authority for Taking this Action?

    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 certain manufacturers (including 
importers) of the chemicals listed in the rule at 40 CFR 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). (See 40 CFR 
712.28.) EPA uses this model TSCA section 8(a) rule to quickly gather 
current information on chemicals or chemical categories as referenced 
in TSCA section 26(c) (15 U.S.C. 2625(c)).
    This model TSCA section 8(a) rule provides for the addition of TSCA 
section 4(e) Priority Testing List chemicals. Whenever EPA announces 
the receipt of an ITC Report, EPA can, and without providing notice or 
an 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 30 days 
after the date of publication in the Federal Register.

C. 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 for comment pursuant to the procedures set forth in 
40 CFR 712.30(c). EPA finds that there is ``good cause'' under the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) to make 
these amendments without prior notice and comment. EPA believes notice 
and an opportunity for comment on this action are unnecessary. TSCA 
directs the ITC to add chemicals to the Priority Testing List for which 
EPA should give priority consideration. EPA also lacks the authority to 
remove a chemical from the Priority Testing List once it has been added 
by the ITC. As explained earlier in this rule, pursuant to 40 CFR 
712.30(c), once the ITC adds a chemical to the Priority Testing List, 
EPA in turn is obliged to add that chemical to the list of chemicals 
subject to PAIR reporting requirements, unless requested not to do so 
by the ITC. EPA promulgated this procedure in 1985 after having 
solicited public comment on the need for and mechanics of this 
procedure. (See the Federal Register of August 28, 1985 (50 FR 34805)). 
Because that rulemaking established the procedure for adding ITC 
chemicals to the PAIR rule, it is unnecessary to request comment on the 
procedure in this action. EPA believes this action does not raise any 
relevant issues for comment. EPA is not changing the PAIR reporting 
requirements or the process set forth in 40 CFR 712.30(c). Finally, 40 
CFR 712.30(c) does provide EPA with the discretion to withdraw a 
chemical from the PAIR rule if a chemical manufacturer submits to EPA 
information showing why a chemical should be removed from the PAIR 
rule.

III. Final Rule

A. What Chemicals are to be Added ?

    In this rule, EPA is adding 3 chemical substances in the chemical 
category ``Pyridinamines'' and 20 chemical substances in the chemical 
category ``Tungsten Compounds'' to the TSCA section 8(a) PAIR rule as 
requested by the ITC in its 53\rd\ Report (Ref. 1).

B. Who Must Report Under this PAIR Rule?

    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 for 
each site at which they manufactured or imported a named substance. 
Exemptions from this reporting requirement are found at 40 CFR 712.25. 
A separate form must be completed for each substance and submitted to 
the Agency as specified in 40 CFR 712.28 no later than March 7, 2005. 
Persons who have previously and voluntarily submitted a PAIR Form to 
the ITC may be able to submit a copy of the original report to EPA 
along with an accompanying letter notifying EPA of the respondent's 
intent that the submission be used in lieu of a current data 
submission. Persons who have previously and voluntarily submitted a 
PAIR Form to EPA may be able to notify EPA by letter of their desire to 
have this voluntary submission accepted in lieu of a current data 
submission. (See 40 CFR 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 general information contact person 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/.

C. Economic Analysis

    The economic analysis for the addition of the 23 chemicals to the 
TSCA section 8(a) PAIR rule is entitled Economic Analysis for the 
Addition of 23 Chemical Abstract Service (CAS)-numbered Chemicals 
Requested to be added to EPA's Preliminary Assessment Information 
Reporting (PAIR) Rule in the 53\rd\ Report of the TSCA Interagency 
Testing Committee (Ref. 2). A report was located on only one of the 23 
chemicals in EPA's 2002 Chemical Update System (CUS) utilizing the ITC-
supplied CAS numbers, yielding one company producing that one chemical 
at one site. Because the threshold for reporting to CUS under the 
Inventory Update Rule through its most recent reporting cycle in 2002 
was 10,000 lbs., and the threshold for PAIR reporting is 500 kilograms 
(kg) (1,100 lbs.), and because there was no requirement that inorganic 
chemicals be reported to CUS (the majority of the tungsten 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 were not captured by CUS. Given 
the assumptions in this unit, the costs and burden associated with this 
rule are estimated in the economic analysis (Ref. 2) to be the 
following:

Reporting Costs (dollars)

     23 reports estimated at $345.81 per report = $7,953.63
     Total Cost = $31,162.43
     Unit cost of this rule per site/report = $31,162.43
     Total cost/23 total sites/reports = $1,354.89

Reporting Burden (hours)

     Form familiarization: 7 hours/site x 23 sites =161 hours
     Reporting: 490.71 hours

[[Page 70555]]

     Total burden hours = 651.71 hours
     Unit burden of this rule per site/report = 651.7
     Total hours/23 total sites/reports = 28.3 hours

 EPA Costs (dollars) and Burden (hours)

    It is estimated that the annual cost to the Federal Government will 
be $5,072.24 (23 reports @ $220.53 each), plus 0.0581 Full Time 
Equivalents (FTEs). At an estimated $97,021 per FTE, the total of 
0.0581 FTEs will cost EPA $5,632.35 in salaries, bringing the total 
costs to the Federal Government to $10,704.59 (i.e., $5,072.24 + 
$5,632.35).

IV. Requesting a Chemical be Withdrawn from the Rule

    As specified in 40 CFR 712.30(c), EPA may remove a chemical 
substance, mixture, or category of chemical substances from this rule 
for good cause prior to January 6, 2005 if a chemical manufacturer 
submits to EPA information showing why a chemical should be removed 
from the PAIR. Any chemical manufacturer who believes that the 
reporting required by this rule is not warranted for a chemical listed 
in this rule, must submit to EPA detailed reasons for that belief. You 
must submit your request to EPA on or before December 21, 2004 and in 
accordance with the instructions provided in 40 CFR 712.30(c), which 
are briefly summarized here. In addition, to ensure proper receipt by 
EPA, you must identify docket ID number OPPT- 2004-0089 in the subject 
line on the first page of your submission. If the Administrator 
withdraws a chemical substance, mixture, or category of chemical 
substances from the amendment, a Federal Register document announcing 
this decision will be published no later than January 6, 2005.

V. Materials in the Docket

    The official docket for this rule has been established under docket 
ID number OPPT-2004-0089. The official public docket is available for 
review as specified in ADDRESSES. The following is a listing of the 
documents that have been placed in the official docket for this rule:
    1. ITC. 2004. Fifty-Third Report of the ITC. Federal Register (69 
FR 2468, January 15, 2004) (FRL-7335-2). Available online at http://www.epa.gov/fedrgstr/.
    2. EPA. 2004. Economic Analysis for the Addition of 23 Chemical 
Abstract Service (CAS)-numbered Chemicals Requested to be added to 
EPA's Preliminary Assessment Information Reporting (PAIR) Rule in the 
53\rd\ Report of the TSCA Interagency Testing Committee. April 2, 2004.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866

    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

    The information collection requirements contained in TSCA section 
8(a) PAIR rules have already been approved by OMB under the provisions 
of PRA, 44 U.S.C. 3501 et seq., and OMB control number 2070-0054 (EPA 
ICR No. 0586). The collection activities in this final rule are 
captured by the existing approval and do not require additional review 
and/or approval by OMB.
    EPA estimates that the information collection activities related to 
PAIR reporting for all chemicals in this final rule will result in an 
annual public reporting burden of 28.3 hours per chemical, for a total 
of 651.7 hours for the 23 chemicals (Ref. 2). 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 which have subsequently changed; 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.
    Under PRA, an agency may not conduct or sponsor, and a person is 
not required to respond to, an information collection request unless it 
displays a currently valid OMB control number. The OMB control numbers 
for EPA's regulations are listed in 40 CFR part 9 and included on the 
related collection instrument. EPA is amending the table in 40 CFR part 
9 to list the OMB approval number for the information collection 
requirements contained in this final rule. This listing of the OMB 
control numbers and their subsequent codification in the CFR satisfies 
the display requirements of PRA and OMB's implementing regulations at 5 
CFR part 1320. This ICR was previously subject to public notice and 
comment prior to OMB approval, and given the technical nature of the 
table, EPA finds that further notice and comment is unnecessary. As a 
result, EPA finds that there is ``good cause'' under section 553(b)(B) 
of the APA, 5 U.S.C. 553(b)(B), to amend this table without further 
notice and comment.

 C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA), 
5 U.S.C. 601 et seq., the Agency hereby certifies that this final rule 
will not have a significant adverse economic impact on a substantial 
number of small entities. The factual basis for the Agency's 
determination is presented in the small entity impact analysis prepared 
as part of the economic analysis for this rule (Ref. 2), and is briefly 
summarized here.
    For this final rule, EPA has analyzed the potential small business 
impacts using the size standards established under the default 
definition of ``small business'' established under section 601(3) of 
RFA, which basically uses the definition used in section 3 of the Small 
Business Act, 15 U.S.C. 632, under which the Small Business 
Administration (SBA) establishes small business size standards for each 
industry sector (13 CFR 121.201). The SBA size standards, which are 
primarily intended to determine whether a business entity is eligible 
for government programs and preferences reserved for small businesses 
(13 CFR 121.101), ``seek to ensure that a concern that meets a specific 
size standard is not dominant in its field of operation'' (13 CFR 
121.102(b)). (See section 632(a)(1) of the Small Business Act.)
    The small business size standards promulgated by 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 23 businesses assumed to be affected by 
this rule, it is unknown how many meet this definition of small 
business. To estimate the impact of the rule on a business, the 
preferred method is the ``sales test,'' wherein costs for any 
individual firm are measured as a percent of annual sales. At a maximum 
cost for any one firm of $1,511.78, the firm's total sales would have 
to be less than $160,000 for this rule to have an

[[Page 70556]]

impact of even 1% of sales. Thus, EPA has determined that this rule 
will not impose a significant impact on a substantial number of small 
entities.

 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 1 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 and 13175

    Based on EPA's experience with past TSCA section 8(a) rules, State, 
local, and tribal governments have not been impacted by these rules, 
and EPA does not have any reasons to believe that any State, local, or 
tribal government will be impacted by this rule. As a result, these 
rules are not subject to the requirements in Executive Order 13132, 
entitled Federalism (64 FR 43255, August 10, 1999) or Executive Order 
13175, entitled Consultation and Coordination with Indian Tribal 
Governments (65 FR 67249, November 6, 2000).

F. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, 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 one-time 
reporting on general production/importation volume, end use, and 
exposure-related information to EPA by certain manufacturers (including 
importers) of certain chemicals requested by the ITC to be added to the 
PAIR rule in its 53\rd\ Report (Ref. 1).

G. Executive Order 13211

    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.

H. 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.

I. Executive Order 12898

    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).

J. 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

40 CFR Part 9
    Environmental protection, Reporting and recordkeeping requirements.
40 CFR Part 712
    Environmental protection, Chemicals, Hazardous substances, Health 
and safety, Reporting and recordkeeping requirements.


    Dated: December 1, 2004.
Charles M. Auer,
Director, Office of Pollution Prevention and Toxics.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 9--[AMENDED]

0
1. By amending part 9 as follows:
0
a. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342,1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.


0
b. In Sec.  9.1, the table is amended by removing the entries under the 
undesignated center heading ``Chemical Information Rules'' and adding 
in their place the entry below to read as follows:


Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                   40 CFR citation                      OMB control No.
------------------------------------------------------------------------
                                * * * * *
                       Chemical Information Rules
 
------------------------------------------------------------------------
Part 712.............................................          2070-0054
                                * * * * *
------------------------------------------------------------------------

* * * * *

PART 712--[AMENDED]

0
2. By amending part 712 as follows:
0
a. The authority citation for part 712 continues to read as follows:

    Authority: 15 U.S.C. 2607(a).


0
b. In Sec.  712.30, the table in paragraph (e) is amended by adding in 
alphabetical order the category ``Pyridinamines'' containing 3 
chemicals in ascending CAS number order and the category ``Tungsten 
Compounds'' containing 20 chemicals in ascending CAS number order to 
read as follows:


Sec.  712.30  Chemical lists and reporting periods.

* * * * *
    (e) * * *

[[Page 70557]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                  CAS No.                                 Substance                         Effective date                      Reporting date
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        * * * * *
Pyridinamines:
                  462-08-8                   3-Pyridinamine.....................                     January 6, 2005                       March 7, 2005
                  504-24-5                   4-Pyridinamine.....................                     January 6, 2005                       March 7, 2005
                  504-29-0                   2-Pyridinamine.....................                     January 6, 2005                       March 7, 2005
                                                                        * * * * *
 Tungsten compounds:
                 1314-35-8                   Tungsten oxide (WO3)...............                     January 6, 2005                       March 7, 2005
                 7440-33-7                   Tungsten...........................                     January 6, 2005                       March 7, 2005
                 7783-03-1                   Tungstate (WO4\2\-), dihydrogen, (T-                    January 6, 2005                       March 7, 2005
                                              4)-.
                 7783-82-6                   Tungsten fluoride (WF6), (OC-6-11)-                     January 6, 2005                       March 7, 2005
                 7790-60-5                   Tungstate (WO4\2\-), dipotassium,                       January 6, 2005                       March 7, 2005
                                              (T-4)-.
                 7790-85-4                   Cadmium tungsten oxide (CdWO4).....                     January 6, 2005                       March 7, 2005
                 10213-10-2                  Tungstate (WO4\2\-), disodium,                          January 6, 2005                       March 7, 2005
                                              dihydrate, (T-4)-.
                 11105-11-6                  Tungsten oxide (WO3), hydrate......                     January 6, 2005                       March 7, 2005
                 11120-01-7                  Sodium tungsten oxide..............                     January 6, 2005                       March 7, 2005
                 11120-25-5                  Tungstate (W12(OH)2O40\10\-),                           January 6, 2005                       March 7, 2005
                                              decaammonium.
                 12027-38-2                  Tungstate(4-),[.mu.12-                                  January 6, 2005                       March 7, 2005
                                              [orthosilicato(4-)-
                                              .kappa.O:.kappa.O:.kappa.O:
                                              .kappa.O':.kappa.O':.kappa.O':
                                              .kappa.O'':.kappa.O'' :.kappa.O''
                                              :.kappa.O''':.kappa.O'''
                                              :.kappa.O''']]tetracosa- .mu.-
                                              oxododecaoxododeca-, tetrahydrogen.
                 12028-48-7                  Tungstate (W12(OH)2O38\6\-),                            January 6, 2005                       March 7, 2005
                                              hexaammonium.
                 12036-22-5                  Tungsten oxide (WO2)...............                     January 6, 2005                       March 7, 2005
                 12067-99-1                  Tungsten hydroxide oxide phosphate.                     January 6, 2005                       March 7, 2005
                 12138-09-9                  Tungsten sulfide (WS2).............                     January 6, 2005                       March 7, 2005
                 12141-67-2                  Tungstate (W12(OH)2O38\6\-),                            January 6, 2005                       March 7, 2005
                                              hexasodium.
                 13283-01-7                  Tungsten chloride (WCl6), (OC-6-11)-                    January 6, 2005                       March 7, 2005
                                              .
                 13472-45-2                  Tungstate (WO4\2\-), disodium, (T-                      January 6, 2005                       March 7, 2005
                                              4)-.
                 14040-11-0                  Tungsten carbonyl (W(CO)6), (OC-6-                      January 6, 2005                       March 7, 2005
                                              11)-.
                 23321-70-2                  Tungsten oxide (WO3), dihydrate....                     January 6, 2005                       March 7, 2005
                                                                        * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 04-26821 Filed 12-6-04; 8:45 am]
BILLING CODE 6560-50-S


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>