### 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 ofthese 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 forTable 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 This request continues in effect under Executive Order 12866 which superseded Executive Order 12291 on September 30, 1993.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 ofany 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 withjurisdiction 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 ofassisting 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 ofassistance provided by the state. Therefore, because the EPA's conditional or full approvals ofthese 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) ofthe CAA, petitions forjudicial review ofthis action must be filed in the United States Court ofAppeals 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 ofthis rule for the purposes ofjudicial review, nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness ofsuch 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, ActingRegionalAdministrator.

.40 CFR Part 52 is amended as follows:

PART 52-f[AMENDED]

1.The authority citation forpart 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 ofEnvironmental 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 ofsection 507 ofthe Clean AirAct, 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 forthe establishment and implementation ofa Small Business Stationary Source Technical and Environmental Compliance Assistance Program for incorporation in the New York state implementation plan. This plan meets the requirements ofsection 507 ofthe Clean AirAct, and New York.must implement the program as approved by EPA.
Subpart BBB-Puerto Rico

4. Section 52.2732 is added toread 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 forthe establishment and implementation ofa 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 ofsection 507 ofthe 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 ofPlanning 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 meetsthe requirements of section 507 ofthe Clean AirAct, 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 oftoxic 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

toexclude the high molecular weight glycol ethers that donot, inEPA's judgement, meet the criteria set outin EPCRA section 313(d). Thisredefinition oftheglycol ethers category, whichis based onEPA's review ofavailable human health data on short-chain length glycol ethers; eliminates the EPCRA section 313reporting requirements for thoseglycol 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 Planningand Community Right-to-Know Information Hotline, Environmental Protection Agency, Mail Stop5101, 401 M St., SW.. Washington, DC 20460, Toll free: 800- 535-0202, Toll free TDD: 800-553- 7672. SUPPLEMENTARY INFORMATION:


### I.Introduction
A. StatutoryAuthority

This action isissued under section 313(d) ofthe Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11023, "EPCRA"). EPCRA is also referred to asTitle III ofthe Superfund Amendments and Reauthorization Act (SARA) of 1986.
B.Background

Section 313 ofEPCRA 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 (42U.S.C. 13106). Section 313 established an initial list oftoxic chemicals that was comprised ofmorethan 300'chemicals and 20 chemical categories. Section 313(d) authorizes EPA to add chemicals
to or delete chemicals from the list,and sets forthcriteria for these actions. Under section 313(e), anyperson 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 inthe Federal Register ofFebruary 4, 1987 (52 FR 3479), toprovide 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 ofthe section 313 metal compound categories.
IL Effective Date

Thisaction becomes effective immediately. Thus, the last year in which facilities hadtoreport releases of high molecular weight glycol ethers

now excluded from the list was 1993. covering releases that occurred in 1992. The effect ofthiscategory redefinition is that. since the high molecular weight glycol ethers beingexcluded from the category will notbe on the section 313 list when facilities report in 1994 for releases that occurred in 1993, these reports and all subsequent reports need notinclude release data for these glycol ethers. Facilities will therefore not have to collect release information for any releases dfthe excluded glycol ethers that occurred during the 1993 reporting year or for any releases that occur inthe future.

Section 313(d)(4) provides that alainy revision [to the section 313 listl made

on orafter January 1andbefore December 1ofany calendar year shall take effect beginning with the next calendar year. Any revision made on or after December 1and 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 thatadd 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 5U.S.C. section 553(d)(1) since a deletion from the section 313 list relieves aregulatory 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 totheir Toxic Release Inventory (TRI) release data collection processes. A facility would not need additional planning timeto not report releases ofa given chemical. Thus, areasonable construction of section 313(d)(4), given the overall purpose and structure ofEPCRA

- to provide the public with information about chemicals which meet the criteria forinclusion on the section 313 list

- 

### is to apply the delayed effective date requirement only to additions tothe list. Where the Agency has determined, as it haswith theexcluded glycol ethers, that

achemical doesnot satisfy the criteria ofsection 313(d)(2)(A)-(C), no purpose is served by requiring facilities to collect release data orfile release reports for that chemical, or,therefore, by leaving that chemical on the section 313 listfor
any additional period oftime. Nothing in the legislative history suggests that section 313(d)(4) was intended to apply
to deletions as-well as additions; indeed, such aconstruction would be incongruous, since deleted chemicals, by definition, do not satisfy the criteria. forbeing on the section 313 list and their deletion from that list should not be delayed in the absence ofany compelling reason to the contrary. This construction ofsection 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 listthe delayed effective dates specified in section 313(d)(4).

EPAhas 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 ofJuly 6, 1993 (58 FR 36180), EPA issued a proposed rule to redefine the glycol ethers category on the EPCRA section 313 list oftoxic chemicals. EPAhas evaluated the current scope ofthe section 313 glycol ethers category and believes that it is overlybroad. 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 ofeight ormore 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 ofthose 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 oralkyl C7 or less; or OR' consisting ofcarboxylic 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 humanhealth data on shortchain length glycol ethers. Specifically, EPA believes that these chemicals meet the criterion ofEPCRA section 313(d)(2)(B) because the individual members ofthis category can be reasonably anticipated to cause one or
more ofthe 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 thoseglycol ethers known as surfactant glycol ethers because these high molecularweight glycol ethers do not meetthe listing criteriain-section 313(d)(2)(A) or (B). Noneofthe chemicals inthe current glycol ethers category meet the toxicity criterion of section 313(d)(2)(C) based on their ecotoxicity. EPA'srationale for this redefinition is detailed in theproposed rule and isbased on the Agency's review ofvarious relevant materials.
V.Response to Comments

EPA received 11 comments on the proposed rule, allin support ofthe proposed redefinition ofthe glycol ethers category. However, several ofthe commenters expressed the opinion that the proposed rule doesnot narrow the definition sufficiently, andthat EPA should consider a further narrowing of the definition in the future. As discussed below, EPA does notbelieve that itcurrently has sufficient data to further narrow the category definition.

Two commenters, the Chemical Manufacturers Association (CMA), Propylene Glycol Ethers Panel, and CMA Ethylene Glycol EthersPanel, stated that the name ofthe category should be changed to "certain glycol ethers" to more accurately characterize the chemicals that arewithin the category. EPA has incorporated this comment, since thiscategory does not consist ofallchemicals that contain the glycol ether functionality.

One commenter, General Electric, suggested that the definition should not identify reportable glycol ethersby molecular structure.Instead, the commenter recommended listingthe glycol ethers ofconcern individually, and identifying those which mustbe reported on an individual basis.All remaining glycol ethers would thenbe reported in an aggregate form. EPA believes this approach to defining the category isinappropriate and unnecessary. EPA has identified by molecular formula aspecific group of glycol ethers having a common structure that pose similar hazards. EPA currently believes that the mostappropriate way to report onthis group ofglycol-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 inthis rulemaking that
meet the section 313(d)(2) criterion. Therefore, EPA is adopting the redefinition ofthe 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 inthe category ofOR' 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 ofthe possible reaction at thecarbon 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 tobe hydrolyzed to yield aglycol ether of

concern. Specifically hydrolysis ofR- (OCH2CH 2)nOSO 2 R" (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 ofOR'.

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 forother toxic effects on glycol ethers Withpendant alkyl groups ofone 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 theblood picture
at low doses. Hemolysis has been reported in varying degrees for ethylene glycol ethers ofoneto 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 offewer carbons

orboth straight and branched alkyl groups ofseven or fewer carbons. No
comments on this issue were received. Therefore, the definition ofR' will include both straight and branched alkyl
groups ofseven 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 asthose which caused the listing ofthe 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 ofthese studies specifies the composition ofthe test material by number ofethylene oxide units. The
commenter did provide the typical weight percent of the test substances as sold in commerce. Even ifEPA assumed these typical compositions represent the test materials ofthese two studies, the dose levels presented in the studies would notbe considered adequate to establish the lack oftoxicity associated with ethylene glycol ethers with alkyl groups consisting ofseven orgreater 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 glycolether category, EPA would require subchronic toxicity data forone or more specific members ofthe category (e.g., 2-nonylphenoxyethanol). In the absence ofthese 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 ofa 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 ofa chemical-by-chemical basis, and EPGRA is silent on the issue ofregulating by chemical categories."

### Federal Register / Vol.. 59. No. 127 / Tuesday, July 5.1994 / Rules and Regulations

TheAgency believes that the'statutory authority to add "a chemical" to the list maybe reasonably interpreted to include the authority toadd groupsor categories ofchemicals tothe list, particularly inlight ofthe fact that the original listadopted by Congress-in section 313(c) ofEPCRA included 20 chemical categories. These consist mostly ofmetal compounds.categories. butalso include categories oforganicchemicals, such asglycol -ethers(as noted intheproposed rule, Congress listed thiscategory without adelimiting definition). General Electric further contended that Congress listed "glycol ethers" in addition tothe two individually listed glycol ethers, "2-methoxyethanol" and "2-ethoxyethanol," to allow facilities the option ofaggregating thereleases of the two individually listed glycol ether chemicals and filing one TRI FormR report for "glycol ether" ratherthan two separate FormR reports. EPA does not accept thisinterpretation ofCongress' intent in listing20 chemical categories

on the original EPCRA section 313(c) listofchemicals subject to TRI reporting. There isno 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'sreporting structure, i.e., persons manufacturing, processing, or otherwise using more than one member ofa chemical category above the applicable reporting threshold may report thereleases ofall such chemicals, in the aggregate, on a single Form R report, ratherthan listing data separately for each chemical in the' group.

Furthermore, contrary to General Electric's contention, several ofthe 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 tobe the case only with regard tothe polybrominated biphenyls (PBBs)category. However, there was no individual listing for any barium compounds, cadmium compounds, chromium compounds, or several other metal compounds inthe original list transmitted to EPA by Congress. See 53 FR4500; February 16, 1988. Taken to its logical conclusion, General Electric's interpretation would result in no reportingof any members of the PBBscategory unless and untilEPA listed individual members ofthat category.EPA does notbelieve thatthis wouldbe consistent with Congress' intent in listingthis category on the initial section 313(c) list. IfCongress 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 ofall the listed chemical categories would havebeen included in the CAS number specific list. In sum, EPA believes that its interpretation ofthe category reporting structure is a reasonable reading ofEPCRA,

General Electric objected to the continued listing ofa glycol ethers category because categories are difficult forEPA to administer and/or for the public and industry to understand. In addition, the commenter contended that industry compliance with reporting and supplier notificationrequirements is

-moredifficult 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 ofthe glycol ethers category because the category is defined by molecular structure formula.

Since the glycol ethers category consists ofchemicals that are similar chemically and in potential effect, EPA believes that this category will not be difficult forthe public or industry to understand orfor 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 ofthe metal compound categories are defined based

on molecular structure formula, i.e., to be considered a member ofa metal -compoundcategory, the compound
must consist ofthe 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. EPAbelieves that defining the category by molecular
structure formula ensures that all members ofthe category that meet the EPCRA section 313(d)(2) criteria are included andthus 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 ofidentical materials. Union Carbide cited the TSCA section 8(h) Inventory provisions. EPA believes 

### that the differing tre'atment ofglycol etherspecies 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. TSCAis concerned with theregulation ofunreasonable risk to human" health andthe environment posed by chemical substances and mixtures in commerce the section 8(b) Inventory, with few exceptions, provides a list ofthose chemical'substances and mixtures. For purposes ofdeveloping an inventory of chemical substances in commerce, it is lesslimportant to specify whether those substances consist ofa discrete species, e.g., chloroform, ora species with a range ofmolecular weights. EPCRA's goal isto provide the general public with a broad range ofinformation on releases ofcertain chemicals.

Under TSCA, for example, glycol ether surfactant "mixtures" are considered as'a single entityfor purposes ofentry onthe Inventory: however, forpurposes,ofreviewing the potential health-orenvironmental unreasonable risks posed by activities involving such chemical substances,the impacts oftheir vaious components would be considered. Because the intent ofEPCRA 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 ofwhether it is in

a mixture. Therefore, where a surfactant contains species with a low degree of

. ethoxylation that fitthe glycolether 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 ofglycol ethers. Since polymers potentially include their low molecular weight species (n.= 1,2,3), the exemption forpolymers precludes the need toreport lowmolecular weight speciesunder Islection 313."

EPA disagrees-with Union Carbide's conclusion regarding species with low degrees ofethoxylation. The proposed definition being finalized today continues'to exclude polymer molecules (i.e., those molecules which include at least.four covalently linked subunits at leasttwo ofwhich are internal subunits), and to include low molecular weight glycol etherswith a low degree ofethoxylation. The change in regulatory text deleting thephrase "polymers are excluded from this category," does not change EPA's position regarding the scope ofthe 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 ofglycol ethers on other EPA lists. Today's action is not intended, and should notbe inferred to affect the definition orregulatory requirements for glycol ethers under any statute orEPA program other than the Toxic Release Inventory reporting requirements under EPCRA section 313 and the Pollution Prevention Act section 6607. Specifically, the redefinition ofglycol ethers on the EPCRA section 313 list does not in any way alter their definition under section 112(b) ofthe Clean Air Act (CAA),42 U.S.C. section 7412(b) as amended, or, by virtue oftheir status as "hazardous air pollutants" (HAP) under the CAA, as "hazardous substances" under section 101(14) ofthe 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 ofthe docket, are available for viewing and photocopying in the TSCA Nonconfidential Information Center (NCIC), also known

as the TSCA PublicDocket 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 Order12866

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 bythe Office ofManagement and Budget (OMB) and the requirements ofthe Executive Order. Section 3(f) ofthe Order defines a "significant regulatory action" as an action likely to lead to arule (1) Having

an annual effect on the economy of$100 million or more, or adversely and materially affecting a sector ofthe
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 ofentitlements, grants, user fees, orloan programs; or (4) raising novel legal or policy issues arising outoflegal mandates, the President's priorities, or the principles
set forth in thisExecutive Order.

Pursuant to the terms ofthis Executive Order, it has been determined that this final rule is not "significant" and therefore not subject to OMB review.

B.RegulatoryFlexibility 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 ofsmall 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 ofall manufacturing facilities in Standard Industrial Classification (SIC) codes 20 through 39 from section 313 reporting. Additionally, facilities which manufacture orprocess less than 25,000 pounds or otherwise use less than 10,000 pounds ofthese chemicals annually are notrequired to report for these chemicals. Thus, many small. facilities will notincur any regulatory
costs in association with thisrule. Small 'businesses are not expected to be adversely affected by this rule, since the rule would increase the likelihood that theywould notbe required toreport glycol ether releases. Therefore, EPA certifies that thisrule is not likely to 

### significantly impact small entities.

C.Paperwork ReductionAct
There are no unique reporting requirements associated with this final rule because it redefines the glycol ethers category to exclude certain high molecular weight glycolethers from reporting under section 313. Reporting ofchemicals that are subject to section 313 has been approved by OMB under the provisions ofthe Paperwork Reduction Act, 44 U.S.C. 3501 etseq., 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 forreviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and reviewing the collection ofinformation. This rule's redefinition will reduce the number of responses required, thus reducing overall burden.

List ofSubjects in 40 CFRPart372

Environmental protection, Community right-to-know, Reporting and recordkeeping requirements, Toxic chemicals.

Dated: June 28, 1994. Lynn R. Goldman,
AssistantAdministrator forPrevention, PesticidesandToxicSubstances.

Therefore, 40 CFR part 372 is amended as follows:

PART372-[AMENDED]

1. The authority citation forpart 372 continues to read asfollows

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 whichthe partapplies.

(c)* * *

Category Name.

CertainGlycol Ethers

.................................................................................................................................................................... R

- (OCH 2CH 2).

- OR' Where:

n= 1,2, or3; R = alkyl C7 or less; or R = phenyl or alkylsubstituted phenyl; R' = H or alkyl C7 or less; or OR' consistingof 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; 1:07pm]

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: Finalrule.

SUMMARY: This document substitutes Channel 288C2 forChannel 288C3 at Moberly, Missouri, and modifies the license forStation KZZT(FM) to specify operation on Channel 288C2 in response to a petition filed byFM 105, Inc. See 58 FR 25593, April 27, 1993. The coordinates forChannel 288C2 at Moberly are 39-25-45 and 92-22-49. The counterproposal filedby Sobocomo Radio, Inc. (RM-8304), proposing the substitution ofChannel 291C1 for Channel 291C2, Ashland, Missouri, substitution ofChannel 276C3 for Channel 292A, Rolla, Missouri, substitution ofChannel 298A for Channel 292A, Monroe City, Missouri, and change ofreference 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 ofthe Commission's Report and Order,MM Docket No. 93-99, adopted June 15, 1994, and released June 28, 1994. The full text ofthis 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 ofthis 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 ofSubjects in 47 CFRPart73
Radio Broadcasting. Part 73 ofTitle 47 ofthe Code of Federal Regulations is amended as follows:

PART 73---AMENDED]"

1.The authority citation forPart 73 continues to read as follows:

Authority:47 U.S.C. 154. 303. §73.202 [Amended]

2. Section 73.202(b), theTable ofFM Allotments under Missouri, is amended by removing Channel 288C3and adding Channel 288C2 atMoberly.
Federal Communications Commission. John A. Karousos, ActingChief. AllocationsBranch,Policyand RulesDivision,MassMediaBureau. [FR Doc. 94-16130 Filed 7-1-94; 8:45 am]

BILUNG CODE 6712-01-M

47 CFR Part73 [MM Docket No. 93-269; RM-8319]

Radio Broadcasting Services; Denison and Pilot Point,TX
AGENCY: Federal Communications Commission. ACTION: Finalrule.

SUMMARY: The Commission, at the request ofDavis 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 oflicense. See 58 FR 58672, November 3, 1993. Channel 285C2 can be allotted to Pilot Point incompliance with the Commission's minimum distance separation requirements with a site restriction of16.0 kilometers (9.9 miles) north to accommodate Davis' desired site. The coordinates forChannel 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 ofthe Commission's Report 

### and Order, MM Docket No. 93-269, adopted June 14, 1994, and released June 28, 1994. The full textofthis Commission decision is available for inspection and copying during normal business hoursin the FCCReference Center (Room 239), 1919 M Street, NW., Washington, DC. The complete text of this decision may also be purchased from theCommission's copycontractor, ITS, Inc., (202) 857-3800, 2100 M Street, NW., Suite 140, Washington, D.C. 20037.

ListofSubjects in47 CFRPart73



### Radio broadcasting.

PART 73-[AMENDED]

1.The authority citation forpart 73 

### continues to read as follows:

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

### §73.202 [Amended]



### 2. Section 73.202bJ, the Table ofFM Allotments underTexas is amended by adding PilotPoint, Channel 285C2 and removing Channel 285C2 at Denison. Federal Communications Commission. John A.Karousos, Acting Chief, AllocationsBranch, Policyand RulesDivision, MassMediaBureau. [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: Finalrule.

SUMMARY: The Commission, atthe 

### request of Spectrum Communications, Inc., substitutes VHF televisionChannel 9+ forvacant 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 incompliance with the Commission's minimum distance separation requirements without the imposition of a siterestriction. The coordinates for Channel 9+ areNorth Latitude 46-04-12 andWest Longitude 118-19-48. Since WallaWalla is located 34391