34386 Federal Register /,Vol. 59, No. 127 / Tuesday, July 5, 1994 / Rules and Regulations

the federal implementation plan (FIP)

requirement under section 110(c).

This action has been classified as a

Table 3 Action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214-2225) as

revised by an October 4, 1993

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. A future notice will

inform the general public of these

tables. On January 6, 1989 the Office of

Management and Budget (OMB) waived

Table 2 and 3 SIP revisions (54 FR 2222)

from the requirements of Section 3 of

Executive Order 12291 for a'period of

two years. The EPA has submitted a

request for a permanent waiver for Table

2 and Table 3 SIP revisions. The OMB

has agreed to continue the temporary

waiver until such time as it rules on

EPA's request. This request continues in

effect under Executive Order 12866

which superseded Executive Order

12291 on September 30, 1993.

Nothing in this action shall be

construed as permittingor allowing or

establishing a precedent for any future

request for a revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory aid

regulatory requirements. Under the Regulatory Flexibility Act,

5 U.S.C. 600 et. seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000. By today's action, EPA is

conditionally or fully approving four (4)

State programs created for the purpose

of assisting small businesses in

complying with existing statutory and

regulatory requirements. The programs

being conditionally or fully approved

today do not impose any new regulatory

burden on small businesses; these are

programs under which small businesses

-may elect to take advantage of assistance

provided by the state. Therefore,

because the EPA's conditional or full

approvals of these four programs do not

impose any new regulatory

requirements on small businesses, EPA

certifies that this action does not have

a significant economic impact on any

small entities affected.

. Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit within 60 days from date of

publication. Filing a petition for

reconsideration by the Administrator of

this final rule does not affect the finality

of this rule for the purposes of judicial

review, nor does it extend the time

within which a petition for judicial

review may be filed, and shall not

postpone the effectiveness of such rule

or action. This action may not be

challenged later in proceedings to

enforce its requirements (see section

307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Small business

assistance program.

Dated: June 10, 1994.

William J. Muszynski,

Acting Regional Administrator.

. 40 CFR Part 52 is amended as follows:

PART 52-f[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C(. 7401-7671q.

Subpart FF--New Jersey

2. Section 52.1607 is added to read as

follows:

§52.1607 Small business technical and

environmental compliance assistance

program.

On January 11, 1993, the New Jersey

Department of Environmental Protection

and Energy submitted a plan for the

establishment and implementation of a

Small Business Stationary Source

Technical and Environmental

Compliance Assistance Program for

incorporation in the New Jersey state

implementation plan. This plan satisfies

the requirements of section 507 of the

Clean Air Act, and New Jersey must

implement the program as approved by.

EPA.

Subpart HH--New York

3. Section 52.1690 is added to read as

follows:

§52.1690 Small business technical and

environmental compliance assistance

program.

On January 11, 1993, the New York

State Department of Environmental

Conservation submitted a plan for the

establishment and implementation of a

Small Business Stationary Source

Technical and Environmental

Compliance Assistance Program for

incorporation in the New York state

implementation plan. This plan meets

the requirements of section 507 of the

Clean Air Act, and New York. must

implement the program as approved by

EPA.

Subpart BBB-Puerto Rico

4. Section 52.2732 is added to read as

follows:

§52.2732 Small business technical and

environmental compliance assistance

program.

On November 16, 1992, the Puerto

Rico Environmental Quality Board

submitted a plan for the establishment

and implementation of a Small Busine;s

Stationary Source Technical and

Environmental Compliance Assistance

Program for incorporation in the Puerto

Rico state implementation plan. This

plan meets the requirements of section

507 of the Clean Air Act, and Puerto

Rico must implement the plan as

approved by EPA.

Subpart CCC-Virgin Islands

5. Section 52.2782 is added to read as

follows:

§ 52.2782 Small business technical and

environmental compliance assistance

program.

On January 15, 1993, the Virgin

Islands Department of Planning and

Natural Resources submitted a plan to

establish and implement a Small

Business Stationary Source Technical

and Environmental Compliance

Assistance Program for incorporation in

the Virgin Islands state implementation

plan. This plan meets the requirements

of section 507 of the Clean Air Act, and

the U.S. Virgin Islands must implement

the program as approved by EPA.

[FR Doc. 94-16128 Filed 7-1-94; 8:45 aml

BILLING CODE 6560-60-P

40 CFR Part 372

[OPPTS-400073B; FRL-4864-8]

Glycol Ethers Category; Toxic

Chemical Release Reporting;

Community Right-to-Know

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is redefining the glycol

ethers category list of toxic chemicals.

subject to reporting under section 313 of

the Emergency Planning and

Community Right-to-Know Act of 1986

(EPCRA). EPA is changing the present

definition of the glycol ethers category
Federal Register / Vol. 59. No. 127 / Tuesday, July 5, 1994 / Rules and Regulations

to exclude the high molecular weight

glycol ethers that do not, in EPA's

judgement, meet the criteria set out in

EPCRA section 313(d). This redefinition

of the glycol ethers category, which is

based on EPA's review of available

human health data on short-chain

length glycol ethers; eliminates the

EPCRA section 313 reporting

requirements for those glycol ethers

known as surfactant glycol ethers.

EFFECTIVE DATE: This rule is effective

June 28, 1994.

FOR FURTHER INFORMATION CONTACT:

Maria J. Doa, Petitions Coordinator,

202-260-9592, for specific information

regarding this final rule. For further

information on EPCRA section 313.

cpntact the Emergency Planning and

Community Right-to-Know Information

Hotline, Environmental Protection

Agency, Mail Stop 5101, 401 M St., SW..

Washington, DC 20460, Toll free: 800-

535-0202, Toll free TDD: 800-553-

7672.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Statutory Authority

This action is issued under section

313(d) of the Emergency Planning and

Community Right-to-Know Act of 1986

(42 U.S.C. 11023, "EPCRA"). EPCRA is

also referred to as Title III of the

Superfund Amendments and

Reauthorization Act (SARA) of 1986.

B. Background

Section 313 of EPCRA requires certain

facilities manufacturing, processing, or

otherwise using toxic chemicals to

report their environmental releases of

such chemicals annually. Beginning

with the 1991 reporting year, such

facilities also must report pollution

prevention and recycling data for such

chemicals, pursuant to section 6607 of

the Pollution Prevention Act (42 U.S.C.

13106). Section 313 established an

initial list of toxic chemicals that was

comprised of more than 300'chemicals

and 20 chemical categories. Section

313(d) authorizes EPA to add chemicals

to or delete chemicals from the list, and

sets forth criteria for these actions.

Under section 313(e), any person may

petition EPA to add chemicals to or

delete chemicals from the listk.'EPA has

added to and deleted chemicals from

the original statutory list.

EPA issued a statement of petition

policy and guidance in the Federal

Register of February 4, 1987 (52 FR

3479), to provide guidance regarding the

recommended content and format for

petitions. On May 23, 1991 (56 FR

23703), EPA published guidance

regarding the recommended content of

petitions to delete individual members

of the section 313 metal compound

categories.

IL Effective Date

This action becomes effective

immediately. Thus, the last year in

which facilities had to report releases of

high molecular weight glycol ethers

now excluded from the list was 1993.

covering releases that occurred in 1992.

The effect of this category redefinition is

that. since the high molecular weight

glycol ethers being excluded from the

category will not be on the section 313

list when facilities report in 1994 for

releases that occurred in 1993, these

reports and all subsequent reports need

not include release data for these glycol

ethers. Facilities will therefore not have

to collect release information for any

releases df the excluded glycol ethers

that occurred during the 1993 reporting

year or for any releases that occur in the

future.

Section 313(d)(4) provides that alainy

revision [to the section 313 listl made

on or after January 1 and before

December 1 of any calendar year shall

take effect beginning with the next

calendar year. Any revision made on or

after December 1 and before January 1

shalI take effect beginning with the

calendar year following the next

calendar year.". The Agency interprets

this delayed effective date provision to

apply only to actions that add chemicals

to the section 313 list. For deletions, the

Agency may, in its discretion, make

such actions immediately effective. An

immediate effective date is authorized,

in-these circumstances, under 5 U.S.C.

section 553(d)(1) since a deletion from

the section 313 list relieves a regulatory

restriction.

The Agency believes that the purpose

behind the section 313(d)(4) effective

date provision is to allow facilities

adequate planning time to incorporate

newly added chemicals to their Toxic

Release Inventory (TRI) release data

collection processes. A facility would

not need additional planning time to not

report releases of a given chemical.

Thus, a reasonable construction of

section 313(d)(4), given the overall

purpose and structure of EPCRA - to

provide the public with information

about chemicals which meet the criteria

for inclusion on the section 313 list -

is to apply the delayed effective date

requirement only to additions to the list.

Where the Agency has determined, as it

has with the excluded glycol ethers, that

a chemical does not satisfy the criteria

of section 313(d)(2)(A)-(C), no purpose

is served by requiring facilities to collect

release data or file release reports for

that chemical, or, therefore, by leaving

that chemical on the section 313 list for

any additional period of time. Nothing

in the legislative history suggests that

section 313(d)(4) was intended to apply

to deletions as-well as additions;

indeed, such a construction would be

incongruous, since deleted chemicals,

by definition, do not satisfy the criteria.

for being on the section 313 list and

their deletion from that list should not

be delayed in the absence of any

compelling reason to the contrary. This

construction of section 313(d)(4) is also

consistent with previous rules deleting

chemicals from the section 313 list.

Indeed, the Agency has not given any of

its rules deleting chemicals from the

section 313 list the delayed effective

dates specified in section 313(d)(4).

EPA has not deleted all glycol ethers

from reporting requirements under

EPCRA section 313. Reporting will still

be required for those glycol ethers

which meet the revised definition.

I1. Description of the EPCRA Section

313 Glycol Ethers Category

In the Federal Register of July 6, 1993

(58 FR 36180), EPA issued a proposed

rule to redefine the glycol ethers

category on the EPCRA section 313 list

of toxic chemicals. EPA has evaluated

the current scope of the section 313

glycol ethers category and believes that

it is overly broad. The existing category

includes substances that traditionally

have not been considered glycol ethers.

Also, it is apparent that this category

contains members that do not meet the

EPCRA section 313(d)(2) criteria for

listing. EPA has reviewed the current

glycol ethers category and is redefining

it to exclude the surfactant glycol ethers.

Surfactant glycol ethers are those glycol

ethers with pendant alkyl groups which

typically consist of eight or more carbon

atoms (i.e., high molecular weight glycol

ethers). However, EPA does not believe

that the category can be more narrowly

defined at this time.

EPA's revised glycol ethers category

for which section 313 reporting is

required, consists of those glycol ethers

which meet the following definition:

Certain Glycol Ethers: ' R - (OCH2CH 2)n - OR'

Where:

n=1,2, or3;

R = alkyl C7 or less, or R = phenyl or alkyl substituted

phenyl;

R'= H or alkyl C7 or less; or OR' consisting of carboxylic acid

ester, sulfate, phosphate, nitrate, or

sulfonate.

IV. Rationale for Redefinition

EPA's concerns for the included

chemicals is based on a review of

34387
34388 Federal Register / Vol. 59, No. 127 / Tuesday, July 5, 1994 / Rules and Regulations

available human health data on shortchain length glycol ethers. Specifically,

EPA believes that these chemicals meet

the criterion of EPCRA section

313(d)(2)(B) because the individual

members of this category can be

reasonably anticipated to cause one or

more of the following effects: Kidney

toxicity, liver toxicity, adverse blood

effects, adverse central nervous system

effects, reproductive effects, and

developmental effects. EPA believes that

the category can be redefined to exclude

those glycol ethers known as surfactant

glycol ethers because these high

molecular weight glycol ethers do not

meet the listing criteria in-section

313(d)(2)(A) or (B). None of the

chemicals in the current glycol ethers

category meet the toxicity criterion of

section 313(d)(2)(C) based on their

ecotoxicity. EPA's rationale for this

redefinition is detailed in the proposed

rule and is based on the Agency's

review of various relevant materials.

V. Response to Comments

EPA received 11 comments on the

proposed rule, all in support of the

proposed redefinition of the glycol

ethers category. However, several of the

commenters expressed the opinion that

the proposed rule does not narrow the

definition sufficiently, and that EPA

should consider a further narrowing of

the definition in the future. As

discussed below, EPA does not believe

that it currently has sufficient data to

further narrow the category definition.

Two commenters, the Chemical

Manufacturers Association (CMA),

Propylene Glycol Ethers Panel, and

CMA Ethylene Glycol Ethers Panel,

stated that the name of the category

should be changed to "certain glycol

ethers" to more accurately characterize

the chemicals that are within the

category. EPA has incorporated this

comment, since this category does not

consist of all chemicals that contain the

glycol ether functionality.

One commenter, General Electric,

suggested that the definition should not

identify reportable glycol ethers by

molecular structure. Instead, the

commenter recommended listing the

glycol ethers of concern individually,

and identifying those which must be

reported on an individual basis. All

remaining glycol ethers would then be

reported in an aggregate form. EPA

believes this approach to defining the

category is inappropriate and

unnecessary. EPA has identified by

molecular formula a specific group of

glycol ethers having a common structure

that pose similar hazards. EPA currently

believes that the most appropriate way

to report on this group of glycol- ethers

is in aggregate by category. A listing of

glycol ethers as proposed by the

commenter may exclude from reporting

certaih glycol ethers within the scope of

the definition in this rulemaking that

meet the section 313(d)(2) criterion.

Therefore, EPA is adopting the

redefinition of the glycol ethers category

based on a molecular structure formula.

A reporting facility must make aggregate

reporting threshold and estimated

release determinations for all glycol

ethers in the category.

The Soap and Detergent Association

proposed that the revised definition

exclude sulfonate in the category of OR'

because "carbon sulfur bonds are not

easily broken and, therefore, sulfonates

are not readily hydrolyzable from

surfactants." EPA proposed the

inclusion of sulfonate not because of the

possible reaction at the carbon sulfur

bond in the sulfonate, e.g.,

desulfonation of aromatic sulfonates,

but rather because the sulfonate ion is

a reactive leaving group and thus can

reasonably be anticipated to be

hydrolyzed to yield a glycol ether of

concern. Specifically hydrolysis of R-

(OCH2CH 2)nOSO 2R" (where R" is any

organic substituent) yields R-

(OCH2CH 2).OH and R"SO2OH.

Therefore, EPA reaffirms its inclusion of

sulfonate as an appropriate member in

the category of OR'.

The Chemical Manufacturers

Association stated that the category

should be limited to four specific

ethylene glycol ether solvents: 2-

Methoxyethanol, 2-ethoxyethanol, and

their acetates. As stated in the proposed

rule, with respect to the glycol ethers

and developmental effects, there is

evidence that the toxicity is reduced

going from the methyl to the butyl ether.

However, data for other toxic effects on

glycol ethers With pendant alkyl groups

of one to seven carbons or a phenyl

group do not indicate a trend towards

increased toxicity based on chain length

for other toxic effects. Low molecular

weight ethylene glycol ethers disturb

the hemopoiesis and the blood picture

at low doses. Hemolysis has been

reported in varying degrees for ethylene

glycol ethers of one to five carbons in

the alkyl chain. The optimum alkyl

chain length forhemolysis is four

carbons. 2-Phenoxyethanol has also

been found to cause intravascular

hemolysis. Therefore, the concerns for

ethylene glycol ethers are not limited to

the four specific compounds mentioned

by the comrnenter.

In the proposed rule, EPA requested

comment on whether the definition of

R' should include only straight chained

alkyl groups of seven of fewer carbons

or both straight and branched alkyl

groups of seven or fewer carbons. No

comments on this issue were received.

Therefore, the definition of R' will

include both straight and branched alkyl

groups of seven or fewer carbons.

Rochester Midland, Soap and.

Detergent Association, Henkel

Corporation, and Union Carbide

Corporation asked that the definition

also exclude alkylated phenols

containing seven or more carbon atoms.

As stated in the proposed rule, 2-

phenoxyethanol is known to cause

hemolysis. No data have been found for

alkyl substituted phenoxyethanol

derivatives. Henkel Corporation stated

that "[tihe C8, C9, and C12 alkyl phenol

ethoxylates have also been used for

many years as surfactants. There is no

evidence that they present adverse

human effects such as those which

caused the listing of the glycol ether

category or would otherwise meet the

section 313 criteria." However, this

commenter did not supply data to

substantiate this assertion. The Soap

and Detergent Corporation provided two

studies to support its position (Smyth

and Calandra, 1969; Dudek and Ribelin,

1988). Neither of these studies specifies

the composition of the test material by

number of ethylene oxide units. The

commenter did provide the typical

weight percent of the test substances as

sold in commerce. Even if EPA assumed

these typical compositions represent the

test materials of these two studies, the

dose levels presented in the studies

would not be considered adequate to

establish the lack of toxicity associated

with ethylene glycol ethers with alkyl

groups consisting of seven or greater

carbon atoms.

Because only phenoxyethanol has

been tested for systemic toxicity, change

in the glycol ethers category definition

which would exclude alkylphenol

ethoxylates is not supportable, based on

the available data. To evaluate the

alkylphenol ethoxylates subcategory of

the ethylene glycol ether category, EPA

would require subchronic toxicity data

for one or more specific members of the

category (e.g., 2-nonylphenoxyethanol).

In the absence of these data, the Agency

believes that the glycol ethers category

should continue to include these

substances.

General Electric contended that

individual glycol ethers should be listed

in lieu of a category because EPCRA

section 313 "clearly states that additions

to the EPCRA section 313 list must be

done on a chemical-by-chemical basis.

Each statutory provision that deals with

revising the sectioui 313 list speaks only

in terms of a chemical-by-chemical

basis, and EPGRA is silent on the issue

of regulating by chemical categories."
Federal Register / Vol.. 59. No. 127 / Tuesday, July 5. 1994 / Rules and Regulations

The Agency believes that the'statutory

authority to add "a chemical" to the list

may be reasonably interpreted to

include the authority to add groups or

categories of chemicals to the list,

particularly in light of the fact that the

original list adopted by Congress-in

section 313(c) of EPCRA included 20

chemical categories. These consist

mostly of metal compounds. categories.

but also include categories of organicchemicals, such as glycol -ethers (as

noted in the proposed rule, Congress

listed this category without a delimiting

definition).

General Electric further contended

that Congress listed "glycol ethers" in

addition to the two individually listed

glycol ethers, "2-methoxyethanol" and

"2-ethoxyethanol," to allow facilities

the option of aggregating the releases of

the two individually listed glycol ether

chemicals and filing one TRI Form R

report for "glycol ether" rather than two

separate Form R reports. EPA does not

accept this interpretation of Congress'

intent in listing 20 chemical categories

on the original EPCRA section 313(c)

list of chemicals subject to TRI

reporting. There is no clear statement of

Congressional intent to adopt the type of "optional" reporting scheme advocated

by General Electric. Indeed, the . legislative history cited by General,

Electric supports EPA's current

interpretation and implementation of

EPCRA's reporting structure, i.e.,

persons manufacturing, processing, or

otherwise using more than one member

of a chemical category above the

applicable reporting threshold may

report the releases of all such chemicals,

in the aggregate, on a single Form R

report, rather than listing data

separately for each chemical in the'

group. Furthermore, contrary to General

Electric's contention, several of the

original chemical categories did not

have corresponding "individual"

chemicals listed on the original (CAS

number specific) section 313(c) list. In

their comments, General Electric

acknowledged this to be the case only

with regard to the polybrominated

biphenyls (PBBs) category. However,

there was no individual listing for any

barium compounds, cadmium

compounds, chromium compounds, or

several other metal compounds in the

original list transmitted to EPA by

Congress. See 53 FR 4500; February 16,

1988. Taken to its logical conclusion,

General Electric's interpretation would

result in no reporting of any members of

the PBBs category unless and until EPA

listed individual members of that

category. EPA does not believe that this

would be consistent with Congress'

intent in listing this category on the

initial section 313(c) list. If Congress

had intended to include category

listings as an optional method of

reporting individually listed chemicals,

it could have clearly stated so in the

statute. At a minimum, some members

of all the listed chemical categories

would have been included in the CAS

number specific list. In sum, EPA

believes that its interpretation of the

category reporting structure is a

reasonable reading of EPCRA,

General Electric objected to the

continued listing of a glycol ethers

category because categories are difficult

for EPA to administer and/or for the

public and industry to understand. In

addition, the commenter contended that

industry compliance with reporting and

supplier notification requirements is

-more difficult for categories, such as

glycol ethers, because facilities are not

provided with discrete chemical names

and Chemical Abstract Service (CAS)

registry numbers. The commenter

contended that these problems are

magnified in the case of the glycol

ethers category because the category is

defined by molecular structure formula.

Since the glycol ethers category

consists of chemicals that are similar

chemically and in potential effect, EPA

believes that this category will not be

difficult for the public or industry to

understand or for the Agency to

administer. The Agency will work with

the public and the regulated community

to develop, as appropriate, any ,

interpretations and guidance the Agency

determines are necessary to facilitate ,

accurate reporting for the "certain glycol

ethers" category. The Agency does not

believe that the glycol ethers category is

unique in that it is defined by molecular

structure formula. All of the metal

compound categories are defined based

on molecular structure formula, i.e., to

be considered a member of a metal

-compound category, the compound

must consist of the parent metal and at

least one substituent group, Both the

chlorophenols and cyanide compound

categories are defined by molecular

structure formulas on the EPCRA

section 313 list. EPA believes that

defining the category by molecular

structure formula ensures that all

members of the category that meet the

EPCRA section 313(d)(2) criteria are

included and thus reportable.

Three commenters, the Soap and

Detergent Association, Proctor and

Gamble Co., and Union Carbide

contended that EPA should be

consistent between EPCRA and TSCA

on its treatment of identical materials.

Union Carbide cited the TSCA section

8(h) Inventory provisions. EPA believes

that the differing tre'atment of glycol

ether species with a low degree of

ethoxylation under EPCRA and TSCA is

appropriate given the differing purposes

and standards ofTSCA section 8(b) and

EPCRA section 313. TSCA is concerned

with the regulation of unreasonable

risk to human" health and the

environment posed by chemical

substances and mixtures in commerce

the section 8(b) Inventory, with few

exceptions, provides a list of those

chemical' substances and mixtures. For

purposes of developing an inventory of

chemical substances in commerce, it is

lesslimportant to specify whether those

substances consist of a discrete species,

e.g., chloroform, or a species with a

range of molecular weights. EPCRA's

goal is to provide the general public

with a broad range of information on

releases of certain chemicals.

Under TSCA, for example, glycol

ether surfactant "mixtures" are

considered as'a single entity for

purposes of entry on the Inventory:

however, for purposes, of reviewing the

potential health- or environmental

unreasonable risks posed by activities

involving such chemical substances, the

impacts of their vaious components

would be considered. Because the intent

of EPCRA section.313 is community

right-to-know, EPA wants to ensure that

the public has access to information on

each listed toxic chemical or chemical

category-to which the public could be

exposed, regardless of whether it is in

a mixture. Therefore, where a surfactant

contains species with a low degree of .

ethoxylation that fit the glycol ether

category definition, EPA requires that

those cheinicals be reported.

Union Carbide also contended that

"lals a legal matter, the current and

proposed definitions exclude polymers

from the category of glycol ethers. Since

polymers potentially include their low

molecular weight species (n.= 1, 2, 3),

the exemption for polymers precludes

the need to report low molecular weight

species under Islection 313."

EPA disagrees-with Union Carbide's

conclusion regarding species with low

degrees of ethoxylation. The proposed

definition being finalized today

continues'to exclude polymer molecules

(i.e., those molecules which include at

least.four covalently linked subunits at

least two of which are internal

subunits), and to include low molecular

weight glycol ethers with a low degree

of ethoxylation. The change in

regulatory text deleting the phrase "polymers are excluded from this

category," does not change EPA's

position regarding the scope of the

glycol ethers category:

34389.
34390 Federal Register / Vol. 59, No. 127 / Tuesday, July 5, 1994 / Rules and Regulations

One commenter, the Cosmetic,

Toiletry, and Fragrance Association,

stated support for the proposal to

change the definition of glycol ethers on

other EPA lists. Today's action is not

intended, and should not be inferred to

affect the definition or regulatory

requirements for glycol ethers under any

statute or EPA program other than the

Toxic Release Inventory reporting

requirements under EPCRA section 313

and the Pollution Prevention Act

section 6607. Specifically, the

redefinition of glycol ethers on the

EPCRA section 313 list does not in any

way alter their definition under section

112(b) of the Clean Air Act (CAA), 42

U.S.C. section 7412(b) as amended, or,

by virtue of their status as "hazardous

air pollutants" (HAP) under the CAA, as

"hazardous substances" under section

101(14) of the Comprehensive

Environmental Response, Compensation

and Liability Act (CERCLA), 42 U.S.C

section 9601(14).

VI. Rulemaking Record

The record supporting this final rule

is contained in the docket number

OPPTS-400073B. All documents,

including an index of the docket, are

available for viewing and photocopying

in the TSCA Nonconfidential

Information Center (NCIC), also known

as the TSCA Public Docket Office, from

noon to 4 p.m., Monday through Friday,

excluding legal holidays. The TSCA

NCIC is located at EPA Headquarters,

Rm. NE-B607, 401 M St., SW.,

Washington, DC 20460.

VII. Regulatory Assessment

Requirements

A. Executive Order 12866

Under Executive Order (E.O.) 12866

(58 FR 51735, October 4, 1993), the

Agency must determine whether the

regulatory action is "significant" and

therefore subject to review by the Office

of Management and Budget (OMB) and

the requirements of the Executive Order.

Section 3(f) of the Order defines a "significant regulatory action" as an

action likely to lead to a rule (1) Having

an annual effect on the economy of $100

million or more, or adversely and

materially affecting a sector of the

economy, productivity, competition,

jobs, the environment, public health or

safety, or State, local or tribal

governments or communities (also

referred to as "economically

significant"); (2) creating serious

inconsistency or otherwise interfering.

with an action taken or planned by

another agency; (3) materially altering

the budgetary impacts of entitlements,

grants, user fees, or loan programs; or (4)

raising novel legal or policy issues

arising out of legal mandates, the

President's priorities, or the principles

set forth in this Executive Order.

Pursuant to the terms of this

Executive Order, it has been determined

that this final rule is not "significant"

and therefore not subject to OMB

review.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980

requires each Federal agency to perform

a Regulatory.Flexibility Analysis for all

rules that are likely to have a "significant impact on a substantial

number of small entities."

40 CFR part 372 exempts certain

small businesses (specifically, those

facilities with fewer than 10 full-time

employees) from reporting. This

exclusion exempts about one-half of all

manufacturing facilities in Standard

Industrial Classification (SIC) codes 20

through 39 from section 313 reporting.

Additionally, facilities which

manufacture or process less than 25,000

pounds or otherwise use less than

10,000 pounds of these chemicals

annually are not required to report for

these chemicals. Thus, many small.

facilities will not incur any regulatory

costs in association with this rule. Small

'businesses are not expected to be

adversely affected by this rule, since the

rule would increase the likelihood that

they would not be required to report

glycol ether releases. Therefore, EPA

certifies that this rule is not likely to

significantly impact small entities.

C. Paperwork Reduction Act

There are no unique reporting

requirements associated with this final

rule because it redefines the glycol

ethers category to exclude certain high

molecular weight glycol ethers from

reporting under section 313. Reporting

of chemicals that are subject to section

313 has been approved by OMB under

the provisions of the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.,

and has been assigned the OMB control

number 2070-0093.

The public reporting burden for

section 313 chemicals is estimated to

average 43 hours per response,

including time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

This rule's redefinition will reduce the

number of responses required, thus

reducing overall burden.

List of Subjects in 40 CFR Part 372

Environmental protection,

Community right-to-know, Reporting

and recordkeeping requirements, Toxic

chemicals.

Dated: June 28, 1994.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

Therefore, 40 CFR part 372 is

amended as follows:

PART 372-[AMENDED]

1. The authority citation for part 372

continues to read as follows

Authority: 42 U.S.C. 11023 and 11048.

2. In § 372.65(c) by amending the

category, glycol ethers to read as

follows:

§ 372.65 Chemicals and chemical

categories to which the part applies.

(c)* * *

Category Name.

C ertain G lycol Ethers ....................................................................................................................................................................

R - (OCH 2CH 2). - OR'

Where:

n= 1, 2, or3;

R = alkyl C7 or less; or

R = phenyl or alkyl substituted phenyl;

R' = H or alkyl C7 or less; or

OR' consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate.

Effective Date

1/1/95
Federal Register / Vol. 59, No. 127 / Tuesday, July 5, 1994 / Rules and Regulations

Category Name Effective Date

[FR Doc. 94-16173 Filed 6-29-94; 1:07 pm]

BILLING CODE 6560-0-F

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 93-09; RM-8202 and RM8304]

Radio Broadcasting Services; Ashland,

Moberly, Monroe City, Rolla, and

Wheeling, MO

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document substitutes

Channel 288C2 for Channel 288C3 at

Moberly, Missouri, and modifies the

license for Station KZZT(FM) to specify

operation on Channel 288C2 in response

to a petition filed by FM 105, Inc. See

58 FR 25593, April 27, 1993. The

coordinates for Channel 288C2 at

Moberly are 39-25-45 and 92-22-49.

The counterproposal filed by Sobocomo

Radio, Inc. (RM-8304), proposing the

substitution of Channel 291C1 for

Channel 291C2, Ashland, Missouri,

substitution of Channel 276C3 for

Channel 292A, Rolla, Missouri,

substitution of Channel 298A for

Channel 292A, Monroe City, Missouri,

and change of reference coordinates for

Channel 290A, Wheeling, Missouri, was

dismissed. With this action, this

proceeding is terminated.

EFFECTIVE DATE: August 11, 1994.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 634-6530.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission's Report

and Order, MM Docket No. 93-99,

adopted June 15, 1994, and released

June 28, 1994. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission's

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission's

copy contractors, International

Transcription'Services, Inc., 2100 M

Street NW., Suite 140, Washington. DC

20037, (202) 857-3800.

List of Subjects in 47 CFR Part 73

Radio Broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73---AMENDED]"

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154. 303.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Missouri, is amended

by removing Channel 288C3 and adding

Channel 288C2 at Moberly.

Federal Communications Commission.

John A. Karousos,

Acting Chief. Allocations Branch, Policy and

Rules Division, Mass Media Bureau.

[FR Doc. 94-16130 Filed 7-1-94; 8:45 am]

BILUNG CODE 6712-01-M

47 CFR Part 73

[MM Docket No. 93-269; RM-8319]

Radio Broadcasting Services; Denison

and Pilot Point, TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Davis Family Trust,

reallocates Channel 285C2 from

Denison, Texas, to Pilot Point, Texas,

and modifies Station KTCY-FM's

construction permit to specify Pilot

Point as its community of license. See

58 FR 58672, November 3, 1993.

Channel 285C2 can be allotted to Pilot

Point in compliance with the

Commission's minimum distance

separation requirements with a site

restriction of 16.0 kilometers (9.9 miles)

north to accommodate Davis' desired

site. The coordinates for Channel 285C2

at Pilot Point are North Latitude 33-32-

20 and West Longitude 96-57-15. With

this action, this proceeding is

terminated.

EFFECTIVE DATE: August 11, 1994.

FOR FURTHER INFORMATION CONTACT:

Pamela Blumenthal, Mass Media

Bureau, (202) 634-6530.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission's Report

and Order, MM Docket No. 93-269,

adopted June 14, 1994, and released

June 28, 1994. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission's copy contractor,

ITS, Inc., (202) 857-3800, 2100 M

Street, NW., Suite 140, Washington,

D.C. 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

PART 73-[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303.

§73.202 [Amended]

2. Section 73.202bJ, the Table of FM

Allotments under Texas is amended by

adding Pilot Point, Channel 285C2 and

removing Channel 285C2 at Denison.

Federal Communications Commission.

John A. Karousos,

Acting Chief, Allocations Branch, Policy and

Rules Division, Mass Media Bureau.

[FR Doc. 94-16131 Filed 7-1-94; 8:45 am]

BILLING CODE 6712-01-M

47 CFR Part 73

[MM Docket No. 93-271; RM-8345

- Television Broadcasting Services;

Walla Walla, WA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Spectrum Communications,

Inc., substitutes VHF television Channel

9+ for vacant UHF Channel 14 - at

Walla Walla, Washington, as its first

local television broadcast service. See

58 FR 58672, November 3, 1993.

Channel 9+ can be substituted at Walla

Walla in compliance with the

Commission's minimum distance

separation requirements without the

imposition of a site restriction. The

coordinates for Channel 9+ are North

Latitude 46-04-12 and West Longitude

118-19-48. Since Walla Walla is located

34391