39552 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

an entry ‘‘K.A.R. 28–19–210’’ in

numerical order under the heading

‘‘General Provisions’’ to read as follows:

§ 52.870 Identification of plan.

* * * * *

(c) * * *

EPA—APPROVED KANSAS REGULATIONS

Kansas citation Title State effective date EPA approval date Explanation

*******

General Provisions

*******

K.A.R. 28–19–210 .................... Calculation of Actual Emissions.11/22/93 01/11/00, 65 FR 1548.

*******

* * * * *

[FR Doc. 00–15837 Filed 6–26–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 372

[OPPTS–400056B; FRL–6591–5]

RIN 2070–AC00

Phosphoric Acid; Community Right-toKnow Toxic Chemical Release

Reporting

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is deleting phosphoric

acid from the list of chemicals subject

to reporting requirements under section

313 of the Emergency Planning and

Community-Right-to-Know Act (EPCRA)

and section 6607 of the Pollution

Prevention Act of 1990 (PPA) in

response to the United States District

Court for the District of Columbia ruling

that phosphoric acid does not meet

EPCRA section 313(d)(2)(C) listing

criterion. On April 15, 1999, the United

States District Court reversed EPA’s

denial of a petition that The Fertilizer

Institute (TFI) submitted to the Agency

to delete phosphoric acid from the

EPCRA section 313 list of toxic

chemicals. By promulgating this rule,

EPA is relieving facilities of their

obligation to report releases of and other

waste management information on

phosphoric acid that occurred during

the 1999 reporting year, and for

activities in the future.

EFFECTIVE DATE: This rule is effective

June 27, 2000.

FOR FURTHER INFORMATION CONTACT:

Daniel R. Bushman, Petitions

Coordinator, (202) 260–3882, e-mail:

bushman.daniel@epa.gov, for specific

information on this document, or for

more information on EPCRA section

313, the Emergency Planning and

Community Right-to-Know Hotline,

Environmental Protection Agency, Mail

Code 5101, 1200 Pennsylvania Ave.,

NW., Washington, DC 20460, Toll free:

1–800–535–0202, in Virginia and

Alaska: (703) 412–9877 or Toll free

TDD: 1–800–553–7672. Information

concerning this notice is also available

on EPA’s Web site at http://

www.epa.gov/tri.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be affected by this action if

you manufacture, process, or otherwise

use phosphoric acid. Potentially

affected categories and entities may

include, but are not limited to:

Category Examples of Potentially Affected Entities

Industry SIC major group codes 10 (except 1011, 1081, and 1094), 12 (except 1241), or 20 through 39; industry codes

4911 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in

commerce); 4931 (limited to facilities that combust coal and/or oil for the purpose of generating power for

distribution in commerce); or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce); or 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. section 6921 et seq.), or 5169, or 5171, or 7389 (limited

to facilities primarily engaged in solvent recovery services on a contract or fee basis

Federal Government Federal facilities

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in the table could also

be affected. To determine whether your

facility would be affected by this action,

you should carefully examine the

applicability criteria in part 372, subpart

B of Title 40 of the Code of Federal

Regulations (CFR). If you have questions

regarding the applicability of this action

to a particular entity, consult the person

listed in the preceding ‘‘FOR FURTHER

INFORMATION CONTACT’’ section.

B. How Can I Get Additional

Information or Copies of this Document

or Other Support Documents?

1. Electronically. You may obtain

electronic copies of this document from

the EPA internet Home Page at http://

www.epa.gov/. On the Home Page select

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39553

‘‘Laws and Regulations’’ and then look

up the entry for this document under

the ‘‘Federal Register—Environmental

Documents.’’ You can also go directly to

the ‘‘Federal Register’’ listings at http:/

/www.epa.gov/fedrgstr/. Information

concerning this notice is also available

on EPA’s Web site at http://

www.epa.gov/tri.

2. In person. The Agency has

established an official record for this

action under docket control number

OPPTS–400056A. The official record

consists of the documents specifically

referenced in this action, any public

comments received during an applicable

comment period, and other information

related to this action, including any

information claimed as confidential

business information (CBI). This official

record includes the documents that are

physically located in the docket, as well

as the documents that are referenced in

those documents. The public version of

the official record does not include any

information claimed as CBI. The public

version of the official record, which

includes printed, paper versions of any

electronic comments submitted during

an applicable comment period, is

available for inspection in the TSCA

Nonconfidential Information Center,

North East Mall Rm. B–607, Waterside

Mall, 401 M St., SW., Washington, DC.

The Center is open from noon to 4 p.m.,

Monday through Friday, excluding legal

holidays. The telephone number of the

Center is (202) 260–7099.

II. Introduction

A. What is the Statutory Authority for

this Action?

EPA is finalizing this action under

EPCRA section 313(d)(3) and (e)(1)(A).

42 U.S.C. 11023.

B. What is the General Background for

this Action?

Section 313 of EPCRA requires certain

facilities that manufacture, process, or

otherwise use listed toxic chemicals in

amounts above reporting threshold

levels to report their environmental

releases and other waste management of

such chemicals annually. Beginning

with the 1991 reporting year, such

facilities must also report pollution

prevention and recycling data for such

chemicals, pursuant to section 6607 of

PPA, 42 U.S.C. 13106. EPCRA section

313 established an initial list of toxic

chemicals that was comprised of more

than 300 chemicals and 20 chemical

categories. Phosphoric acid was

included on the initial list of chemicals

and chemical categories.

EPCRA section 313(d) authorizes EPA

to add chemicals to or delete chemicals

from the list and sets forth criteria for

these actions. Under EPCRA section

313(e)(1), any person may petition EPA

to add chemicals to or delete chemicals

from the list. EPA has added and

deleted chemicals from the original

statutory list.

EPCRA section 313(d)(2) states that

EPA may add a chemical to the list if

any of the listing criteria are met.

Therefore, to add a chemical, EPA must

demonstrate that at least one criterion is

met, but need not determine whether

any other criterion is met. Conversely,

to remove a chemical from the list, EPA

must demonstrate that none of the

criteria are met. The EPCRA section

313(d)(2) criteria are:

(A) The chemical is known to cause or can

reasonably be anticipated to cause significant

adverse acute human health effects at

concentration levels that are reasonably

likely to exist beyond facility site boundaries

as a result of continuous, or frequently

recurring, releases.

(B) The chemical is known to cause or can

reasonably be anticipated to cause in

humans—

(i) cancer or teratogenic effects, or

(ii) serious or irreversible—

(I) reproductive dysfunctions,

(II) neurological disorders,

(III) heritable genetic mutations, or

(IV) other chronic health effects.

(C) The chemical is known to cause or can

reasonably be anticipated to cause, because

of

(i) its toxicity,

(ii) its toxicity and persistence in the

environment, or

(iii) its toxicity and tendency to

bioaccumulate in the environment, a

significant adverse effect on the environment

of sufficient seriousness, in the judgment of

the Administrator, to warrant reporting under

this section.

EPA refers to the section 313(d)(2)(A)

criterion as the ‘‘acute human health

effects criterion,’’ the section

313(d)(2)(B) criterion as the ‘‘chronic

human health effects criterion,’’ and the

section 313(d)(2)(C) criterion as the

‘‘environmental effects criterion.’’

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

submitting petitions. EPA has issued a

statement clarifying its interpretations

of the section 313(d)(2) and (3) criteria

for adding and deleting chemicals from

the section 313 toxic chemical list (59

FR 61432, November 30, 1994) (FRL–

4922–2).

III. Description of Petition and Related

Proceedings

A. What Petition was Filed and How did

EPA Respond?

On November 9, 1990, TFI filed a

petition with EPA to delist phosphoric

acid from the EPCRA section 313 list of

toxic chemicals. Congress had included

phosphoric acid on the list when it

enacted EPCRA section 313 in 1986. In

the petition, TFI argued that EPA should

delete phosphoric acid because it did

not meet any of the three listing criteria

in EPCRA section 313(d)(2): The acute

human health effects criterion, the

chronic human health effects criterion,

or the environmental effects criterion.

On January 23, 1998, EPA denied

TFI’s petition, finding that phosphoric

acid met the environmental effects

listing criterion at EPCRA section

313(d)(2)(C), which provides that EPA

may add or decline to delete a chemical

if it ‘‘is known to cause or reasonably

can be anticipated to cause, because of

its toxicity . . . a significant adverse

effect on the environment of sufficient

seriousness . . . to warrant reporting’’

(63 FR 3566) (FRL–5762–2) (Ref. 1). EPA

based the denial, among other things,

upon phosphoric acid’s potential to

cause eutrophication when released into

certain water bodies.

B. What Other Proceedings Relate to this

Petition?

On April 29, 1998, TFI challenged

EPA’s denial of its petition in the

United States District Court for the

District of Columbia. The Fertilizer

Institute v. Browner, No. 98—1067

(D.D.C.). In its challenge, TFI argued

that phosphoric acid did not meet the

environmental effects listing criterion

because it was not toxic. TFI did not

dispute that releases of phosphoric acid

can cause eutrophication. It argued,

however, that the eutrophication did not

result ‘‘because of’’ phosphoric acid’s

toxicity, but ‘‘because of’’ its nutrient

value. TFI also argued that phosphoric

acid was not toxic because its effects

were indirect and that EPA’s

interpretation of EPCRA section

313(d)(2)(C) read the term ‘‘toxicity’’ out

of the statute.

EPA disagreed and argued, among

other things, that: (1) Many chemicals

that are nutrients are also toxic; (2) the

number of steps between exposure and

effect does not determine whether

something is toxic; and (3) it was not

reading ‘‘toxicity’’ out of the statute

because there were situations in which

a chemical could cause a significant

adverse effect upon the environment for

reasons other than any inherent toxicity.

39554 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

The Court ruled in TFI’s favor,

granting TFI’s motion for summary

judgment on the toxicity issue and

reversing EPA’s denial of TFI’s petition

to delete phosphoric acid from the

EPCRA section 313 toxic chemical list

(Ref. 2). Notwithstanding its ruling, the

Court agreed that phosphoric acid ‘‘can

reasonably be anticipated to cause . . .

a significant adverse effect on the

environment’’ and that a listing decision

under EPCRA section 313 could be

based upon toxic effects that manifest

indirectly. The Court, however, found

that the ‘‘significant adverse effect’’ that

phosphoric acid causes is not ‘‘because

of its toxicity,’’ but because of its

nutrient value. The government did not

appeal the Court’s decision.

As a result of the Court’s ruling, EPA

proposed to delist phosphoric acid from

the reporting requirements under

EPCRA section 313 and section 6607 of

the PPA on December 7, 1999 (64 FR

68311)(FRL–6397–3).

IV. What was EPA’s Technical Review

of the Effects of Phosphoric Acid?

A. What are the Acute Effects of

Phosphoric Acid?

Based on available information, EPA

cannot find that phosphoric acid meets

the acute effects criterion at EPCRA

section 313(d)(2)(A). Like many other

acids, phosphoric acid may cause

irritation and corrosive effects. The

Poison Index states that ‘‘Phosphoric

acid causes irritation of eyes, skin, and

respiratory tract. When ingested it can

produce nausea, vomiting, abdominal

pain, bloody diarrhea, acidosis, shock

and irritation or burns of the

oropharyngeal mucosa esophagus and

stomach’’ (Ref. 3). As with other

corrosive or caustic materials, the extent

of damage generally is determined by

the acidity of the solution and the

duration of contact. Phosphoric acid is

weaker than the other strong mineral

acids. Likewise, phosphoric acid is not

expected to exist beyond facility site

boundaries at a pH that will cause acute

effects (Ref. 3). Thus, EPA has

determined that it does not meet the

EPCRA section 313(d)(2)(A) acute

effects criterion.

B. What are the Chronic Effects of

Phosphoric Acid?

Based on available information, EPA

cannot find that phosphoric acid can

reasonably be anticipated to cause a

chronic human health effect. EPA has

not found phosphoric acid to cause

heritable genetic effects or

developmental or reproductive toxicity

in humans (Ref. 4). EPA has not found

any information in the available

literature with which to evaluate the

potential for phosphoric acid to cause

carcinogenic or neurotoxic effects (Ref.

3). Several studies suggest that

phosphoric acid may cause

nephrocalcinosis in rats when

administered in relatively high doses

(Ref. 3). However, the doses that may

cause such effects are somewhat

uncertain since, even on diets without

added phosphate, rats may have some

isolated areas of renal calcification and

the composition of the diet (e.g., the

amount of calcium, acid-base balance,

and vitamin D) can influence the

appearance of the effects. EPA,

therefore, does not believe that, at this

time, there is sufficient information to

conclude that phosphoric acid meets the

EPCRA section 313(d)(2)(B) criterion.

C. What are the Environmental Effects

of Phosphoric Acid?

As discussed in EPA’s original denial

of TFI’s petition (63 FR 3566),

phosphoric acid, as a source of

phosphates, causes eutrophication (Ref.

5). Eutrophication is the nutrient

enrichment of waters resulting in

stimulation of an array of undesirable

symptomatic changes in the aquatic

ecosystem. Therefore, phosphoric acid

can reasonably be anticipated to cause

significant adverse effects on the

environment.

Phosphoric acid, as well as other

phosphates, has the potential to cause

increased algal growth leading to

eutrophication in the aquatic

environment (Ref. 5). Eutrophication

may result when excessive phosphates

enter into an aquatic ecosystem in the

presence of sunlight and nitrogen. The

phosphate ion is a plant nutrient and it

can be a major limiting factor for plant

growth in freshwater environments.

When levels of phosphate are limited,

plant growth is controlled. In excess,

however, phosphate from phosphoric

acid can cause extreme algal blooms.

Toxic effects result from oxygen

depletion as the algae die and decay.

Toxic effects have also been related to

the release of decay products or direct

excretion of toxic substances from

sources such as blue-green algae. In

addition, phosphates in aquatic

environments may encourage the

growth of introduced plants to the

detriment of native plants and thereby

change plant distribution (Refs. 5

and 6).

V. What is EPA’s Response to

Comments and Rationale for Delisting?

A. What Comments Did EPA Receive in

Response to the Proposed Rulemaking?

EPA requested comments on its

proposal to delete phosphoric acid from

the EPCRA section 313 list of toxic

chemicals. Specifically, EPA requested

comment on whether phosphoric acid

produces any toxic effects that meet the

EPCRA section 313(d)(2)(A), (B), or (C)

listing criteria. Such effects could

include acute and chronic human health

effects or environmental effects.

Additional hazard information on

phosphoric acid can be found in EPA’s

original petition denial (63 FR 3566).

EPA received 29 comments in

response to the December 7, 1999

proposal to delete phosphoric acid from

the EPCRA section 313 list of toxic

chemicals (64 FR 68311). All of the

comments that EPA received were in

support of the delisting proposal. As a

result and because no commenter raised

issues that call into question the basis

for the Agency’s proposal, EPA does not

consider the comments significant and

is not otherwise responding to them.

B. What is EPA’s Rationale for Delisting?

EPA has authority to delete a

chemical from the EPCRA section 313

list of chemicals only if it fails to meet

any of the EPCRA section 313(d)(2)

criteria: the acute human health effects

criterion (313(d)(2)(A)), the chronic

human health effects criterion

(313(d)(2)(B)), or the environmental

effects criterion (313(d)(2)(C)). EPA’s

original denial of the petition to delist

phosphoric acid was based on the

finding that phosphoric acid met the

EPCRA section 313(d)(2)(C) criterion for

listing. The Court in Fertilizer Institute

although recognizing that phosphoric

acid can cause adverse effects on the

environment, found that the effects do

not occur because of phosphoric acid’s

toxicity. Therefore, according to the

Court, phosphoric acid does not satisfy

the EPCRA section 313(d)(2)(C)

criterion. EPA scientists agree that

phosphoric acid releases can and do

cause significant adverse effects on the

environment. However, in keeping with

the Court’s decision, EPA proposed to

remove phosphoric acid from the

EPCRA section 313 list of toxic

chemicals. The comments received on

the proposal did not provide any

information that demonstrates,

consistent with the Court’s decision,

that phosphoric acid ‘‘(causes) or can

reasonably be anticipated to cause,

because of (1) its toxicity. . ., a

significant adverse effect on the

environment.’’ Therefore, EPA is going

Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations 39555

forward with the delisting of phosphoric

acid.

VI. What is the Effective Date of this

Final Rule?

This action becomes effective June 27,

2000. Thus, the last year in which

facilities had to file a Toxics Release

Inventory (TRI) report for phosphoric

acid was 1999, covering releases and

other activities that occurred in 1998.

EPCRA section 313(d)(4) provides that

‘‘[a]ny revision’’ to the section 313 list

of toxic chemicals shall take effect on a

delayed basis. EPA interprets this

delayed effective date provision to

apply only to actions that add chemicals

to the section 313 list. For deletions,

EPA 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)(I) because a deletion from

the section 313 list relieves a regulatory

restriction.

EPA believes that where the Agency

has determined, as it has with this

chemical, that a chemical should not be

included on the section 313 list of toxic

chemicals, no purpose is served by

requiring facilities to collect data or file

TRI reports for that chemical, or

therefore, by leaving that chemical on

the section 313 list for any additional

period of time. This construction of

section 313(d)(4) is consistent with

previous rules deleting chemicals from

the section 313 list. For further

discussion of the rationale for

immediate effective dates for EPCRA

section 313 delistings, see 59 FR 33205

(June 28, 1994).

VII. What are the References Cited in

this Final Rule?

1. Phosphoric Acid; Toxic Chemical

Release Reporting; Community Right-toKnow; Denial of Petition, 63 FR 3566,

January 23, 1998.

2.The Fertilizer Institute v. Browner,

No. 98–1067, Slip op. (D.D.C. April 15,

1999).

3. USEPA, OPPT. Memorandum from

Janette Houk, Ph.D., Hazard Integrator,

Chemical Review and Evaluation

Branch, Health and Environmental

Review Division. Re: Petition to Delist

Phosphoric Acid. (February 14, 1990).

4. USEPA, OPPT. Memorandum from

Michael C. Cimino, Ph.D., Biologist,

Toxic Effects Section, Toxic Effects

Branch, Health and Environmental

Review Division. Re: Mutagenicity

Review of Delist Petition for Phosphoric

Acid. (February 9, 1990).

5. USEPA, OPPT. Memorandum from

Ossi Meyn, Environmental Effects

Branch, Health and Environmental

Review Division. Re: Petition to Delist

Phosphoric Acid—Ecological Hazard.

(February 27, 1990).

6. USEPA. South Florida Ecosystem

Assessment. Monitoring for Adaptive

Management: Implications for

Ecosystem Restoration. (Interim Report).

December 1996. EPA 904–R–96–008.

VIII. What are the Regulatory

Assessment Requirements for this

Action?

A. Executive Order 12866

This action, which deletes a chemical

from the list of chemicals subject to

reporting under EPCRA section 313 and

PPA section 6607, eliminates an existing

requirement to report and does not

contain any new or modified

requirements. As such, this action does

not require review by the Office of

Management and Budget (OMB) under

Executive Order 12866, entitled

Regulatory Planning and Review (58 FR

51735, October 4, 1993), because OMB

has determined that the complete

elimination of an existing requirement

is not a ‘‘significant regulatory action’’

subject to review by OMB under E.O.

12866.

B. 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 impact on a substantial

number of small entities. This

determination is based on the fact that

the complete elimination of the existing

requirement will also eliminate the

corresponding burden and costs

associated with that requirement. This

action will not, therefore, result in any

adverse economic impacts on the

facilities subject to reporting under

EPCRA section 313, regardless of the

size of the facility.

C. Paperwork Reduction Act

The deletion of this chemical from the

EPCRA section 313 toxic chemical list

will reduce the overall reporting and

recordkeeping burden estimate provided

for the TRI program, but this action does

not require any review or approval by

OMB under the Paperwork Reduction

Act (PRA), 44 U.S.C. 3501 et seq. EPA

will determine the total TRI burden

associated with the chemical being

deleted, and will complete the required

Information Collection Worksheet to

adjust the total TRI burden estimate

approved by OMB.

The reporting and recordkeeping

burdens associated with TRI are

approved by OMB under OMB No.

2070–0093 (Form R, EPA ICR No. 1363)

and under OMB No. 2070–0145 (Form

A, EPA ICR No. 1704). The current

public reporting burden for TRI is

estimated to average 52.1 hours for a

Form R submitter and 34.6 hours for a

Form A submitter. These estimates

include the time needed for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

An agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid OMB

control number. The OMB control

number for this information collection

appears above. In addition, the OMB

control number for EPA’s regulations,

after initial display in the final rule, are

displayed on the collection instruments

and are also listed in 40 CFR part 9.

D. Unfunded Mandates Reform Act and

Executive Orders 13084 and 13132

Since this action involves the

elimination of an existing requirement,

it does not impose any enforceable duty,

contain any unfunded mandate, or

otherwise have any affect on small

governments as described in the

Unfunded Mandates Reform Act of 1995

(Public Law 104–4). For the same

reason, it is not subject to the

requirement for prior consultation with

Indian tribal governments as specified

in Executive Order 13084, entitled

Consultation and Coordination with

Indian Tribal Governments (63 FR

27655, May 19, 1998). Nor will this

action have a substantial direct effect on

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, entitled

Federalism (64 FR 43255, August 10,

1999).

E. Executive Order 12898

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), the Agency must consider

environmental justice related issues

with regard to the potential impacts of

this action on environmental and health

conditions in low-income populations

and minority populations. The Agency

has determined that deleting this

chemical from the EPCRA section 313

toxic chemical list, which would

eliminate the availability of the TRI

information on this chemical that is

made available to communities through

the TRI Community Right-to-Know

39556 Federal Register / Vol. 65, No. 124 / Tuesday, June 27, 2000 / Rules and Regulations

program, will not result in

environmental justice related issues.

F. Executive Order 13045

Pursuant to Executive Order 13045,

entitled Protection of Children from

Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), if

an action is economically significant

under Executive Order 12866, the

Agency must, to the extent permitted by

law and consistent with the Agency’s

mission, identify and assess the

environmental health risks and safety

risks that may disproportionately affect

children. Since this action is not

economically significant under

Executive Order 12866, this action is

not subject to Executive Order 13045.

G. National Technology Transfer and

Advancement Act

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA) (15 U.S.C. 272

note) directs EPA to use voluntary

consensus standards in its regulatory

activities unless doing so would be

inconsistent with applicable law or

impractical. Voluntary consensus

standards are technical standards (e.g.,

materials specifications, test methods,

and sampling procedures) 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.

This action does not involve technical

standards, nor did EPA consider the use

of any voluntary consensus standards.

In general, EPCRA does not prescribe

technical standards to be used for

threshold determinations or completion

of EPCRA section 313 reports. EPCRA

section 313(g)(2) states that ‘‘In order to

provide the information required under

this section, the owner or operator of a

facility may use readily available data

(including monitoring data) collected

pursuant to other provisions of law, or,

where such data are not readily

available, reasonable estimates of the

amounts involved. Nothing in this

section requires the monitoring or

measurement of the quantities,

concentration, or frequency of any toxic

chemical released into the environment

beyond that monitoring and

measurement required under other

provisions of law or regulation.’’

IX. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 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 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 in 40 CFR Part 372

Environmental protection,

Community right-to-know, Reporting

and recordkeeping requirements, Toxic

chemicals.

Dated: June 15, 2000.

Margaret N. Schneider,

Principal Deputy Assistant Administrator,

Office of Environmental Information.

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. 11013 and 11028.

§ 372.65 [Amended]

2. Sections 372.65(a) and (b) are

amended by removing the entry for

phosphoric acid under paragraph (a)

and the entire CAS number entry for

7664–38–2 under paragraph (b).

[FR Doc. 00–16182 Filed 6–26–00; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF TRANSPORTATION

Maritime Administration

46 CFR Part 310

[Docket No. MARAD–2000–7147]

RIN 2133–AB41

Appeal Procedures for Determinations

Concerning Compliance With Service

Obligations, Deferments, and Waivers

AGENCY: Maritime Administration,

Transportation.

ACTION: Final rule.

SUMMARY: The Maritime Administration

(MARAD) is publishing this final rule

regarding revisions to the procedures for

reviewing: determinations that a student

or graduate of the U.S. Merchant Marine

Academy (USMMA) or a State maritime

academy that receives student incentive

payments has breached the service

obligation; denials of requests for

deferment of the service obligation; and

denials of requests for waivers of the

service obligation contract. The

previous regulations called for review

by a panel composed of a representative

of MARAD and representatives from the

Department of the Navy, the National

Oceanic and Atmospheric

Administration (NOAA), and the United

States Coast Guard. These revisions

provide for an appeal to the Maritime

Administrator, the head of the agency,

rather than review by the panel. The

intended effect of this regulation is to

streamline the process of reaching a

final agency decision and allow for

timely action on requests for review.

DATES: The effective date of this final

rule is July 27, 2000.

FOR FURTHER INFORMATION CONTACT: Jay

Gordon of the Office of Chief Counsel at

(202) 366–5191. You may send mail to

Jay Gordon, Maritime Administration,

Office of Chief Counsel, Room 7228,

MAR–226, 400 7th St., SW.,

Washington, DC, 20590–0001, or you

may send e-mail to

jay.gordon@marad.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

Since 1980, each individual U.S.

citizen who enters the USMMA and

each student at a State maritime

academy who receives Federal student

incentive payments is required pursuant

to statute (46 U.S.C. app. 1295b(e) and

1295c(g)) to sign an agreement

committing: (A) To complete the course

of instruction at the relevant academy,

unless the individual is separated by

such institution; (B) to fulfill the

requirements for a license as an officer

in the merchant marine of the United

States on or before the date of

graduation from the USMMA or, if a

student incentive payment recipient, to

take the examination for a license as an

officer in the merchant marine of the

United States on or before the date of

graduation and to fulfill the

requirements for such a license not later

than 3 months after the date of

graduation from a State maritime

academy; (C) to maintain a license as an

officer in the merchant marine of the

United States for at least 6 years

following the date of graduation from

the relevant academy; (D) to apply for

an appointment as, to accept if tendered

an appointment as, and to serve as a

commissioned officer in the United

States Naval Reserve (including the

Merchant Marine Reserve, United States

Naval Reserve), the United States Coast

Guard Reserve, or any other Reserve