```

[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Proposed Rules]
[Pages 37176-37186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14754]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-TRI-2012-0110; FRL-9819-1]
RIN 2025-AA34

Addition of Nonylphenol Category; Community Right-to-Know Toxic 
Chemical Release Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to add a nonylphenol category to the list of 
toxic chemicals subject to reporting under section 313 of the Emergency 
Planning and Community Right-to-Know Act (EPCRA) of 1986 and section 
6607 of the Pollution Prevention Act (PPA) of 1990. EPA is proposing to 
add this chemical category to the EPCRA section 313 list pursuant to 
its authority to add chemicals and chemical categories because EPA 
believes this category meets the EPCRA section 313(d)(2)(C)

[[Page 37177]]

toxicity criterion. Based on a review of the available production and 
use information, the members of the nonylphenol category are expected 
to be manufactured, processed, or otherwise used in quantities that 
would exceed the EPCRA section 313 reporting thresholds.

DATES: Comments must be received on or before August 19, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
TRI-2012-0110, by one of the following methods:
    www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: oei.docket@epa.gov.
     Mail: Office of Environmental Information (OEI) Docket, 
Environmental Protection Agency, Mail Code: 28221T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460
     Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room 
3334, 1301 Constitution Ave. NW., Washington, DC 20460. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-TRI-
2012-0110. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, avoid any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the OEI Docket, EPA/DC, EPA 
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. This 
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OEI 
Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Daniel R. Bushman, Environmental 
Analysis Division, Office of Information Analysis and Access (2842T), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: 202-566-0743; fax number: 202-
566-0677; email: bushman.daniel@epa.gov, for specific information on 
this notice. For general information on EPCRA section 313, contact the 
Emergency Planning and Community Right-to-Know Hotline, toll free at 
(800) 424-9346 (select menu option 3) or (703) 412-9810 in Virginia and 
Alaska or toll free, TDD (800) 553-7672, http://www.epa.gov/superfund/contacts/infocenter/.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this notice apply to me?

    You may be potentially affected by this action if you manufacture, 
process, or otherwise use nonylphenol. Potentially affected categories 
and entities may include, but are not limited to:

----------------------------------------------------------------------------------------------------------------
                      Category                                 Examples of potentially affected entities
----------------------------------------------------------------------------------------------------------------
Industry............................................  Facilities included in the following NAICS manufacturing
                                                       codes (corresponding to SIC codes 20 through 39): 311*,
                                                       312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*,
                                                       326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*,
                                                       111998*, 211112*, 212324*, 212325*, 212393*, 212399*,
                                                       488390*, 511110, 511120, 511130, 511140*, 511191, 511199,
                                                       512220, 512230*, 519130*, 541712*, or 811490*.
                                                       *Exceptions and/or limitations exist for these NAICS
                                                       codes. Facilities included in the following NAICS codes
                                                       (corresponding to SIC codes other than SIC codes 20
                                                       through 39): 212111, 212112, 212113 (correspond to SIC
                                                       12, Coal Mining (except 1241)); or 212221, 212222,
                                                       212231, 212234, 212299 (correspond to SIC 10, Metal
                                                       Mining (except 1011, 1081, and 1094)); or 221111, 221112,
                                                       221113, 221119, 221121, 221122, 221330 (Limited to
                                                       facilities that combust coal and/or oil for the purpose
                                                       of generating power for distribution in commerce)
                                                       (correspond to SIC 4911, 4931, and 4939, Electric
                                                       Utilities); or 424690, 425110, 425120 (Limited to
                                                       facilities previously classified in SIC 5169, Chemicals
                                                       and Allied Products, Not Elsewhere Classified); or 424710
                                                       (corresponds to SIC 5171, Petroleum Bulk Terminals and
                                                       Plants); or 562112 (Limited to facilities primarily
                                                       engaged in solvent recovery services on a contract or fee
                                                       basis (previously classified under SIC 7389, Business
                                                       Services, NEC)); or 562211, 562212, 562213, 562219,
                                                       562920 (Limited to facilities regulated under the
                                                       Resource Conservation and Recovery Act, subtitle C, 42
                                                       U.S.C. 6921 et seq.) (correspond to SIC 4953, Refuse
                                                       Systems).
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. Some of the entities listed in the table have exemptions and/or 
limitations regarding coverage, and other types of entities not listed 
in the table could also be affected. To determine whether your facility 
would be affected by this action, you should carefully examine the 
applicability criteria in part 372 subpart B of Title 40 of the Code of 
Federal Regulations. If you have questions regarding the applicability 
of this action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.

B. How should I submit CBI to the Agency?

    Do not submit CBI information to EPA through www.regulations.gov or 
email. Clearly mark the part or all of the

[[Page 37178]]

information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.

II. Introduction

    Section 313 of EPCRA, 42 U.S.C. 11023, 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 quantities of such chemicals 
annually. These facilities must also report pollution prevention and 
recycling data for such chemicals, pursuant to section 6607 of the PPA, 
42 U.S.C. 13106. Congress established an initial list of toxic 
chemicals that comprised more than 300 chemicals and 20 chemical 
categories.
    EPCRA section 313(d) authorizes EPA to add or delete chemicals from 
the list and sets criteria for these actions. EPCRA section 313(d)(2) 
states that EPA may add a chemical to the list if any of the listing 
criteria in Section 313(d)(2) 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. 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 be reasonably 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 often 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 published in the Federal Register of November 30, 1994 (59 FR 
61432) a statement clarifying its interpretation of the section 
313(d)(2) and (d)(3) criteria for modifying the section 313 list of 
toxic chemicals.

III. Background Information

A. What is nonylphenol?

    Nonylphenol is an organic chemical whose main use is in the 
manufacture of nonylphenol ethoxylates, which are nonionic surfactants 
used in a wide variety of industrial applications and consumer products 
(Reference (Ref.) 1). Nonylphenol is persistent in the aquatic 
environment, moderately bioaccumulative, and extremely toxic to aquatic 
organisms (Ref. 1). Nonylphenol has also been detected in human breast 
milk, blood, and urine (Ref. 1).

B. What is the chemical structure and identification of nonylphenol?

    The chemical structure of nonylphenol consists of a phenol ring 
(benzene with a hydroxyl (OH) group) with a nonyl group (a nine carbon 
alkyl chain) attached to the phenol ring. The nonyl group can either be 
a branched or linear chain located at various positions on the phenol 
ring (primarily the ortho (2) and para (4) positions). Nonylphenol is 
not a single chemical structure. Rather it is a complex mixture of 
highly branched nonylphenols, mostly mono-substituted in the para 
position (i.e., the 4 position), with small amounts of ortho- and di-
substituted nonylphenols. In addition, nonylphenol can include small 
amounts of branched 8 carbon and 10 carbon alkyl groups (Ref. 2).
    As noted in EPA's Action Plan for nonylphenol (Ref. 1), Chemical 
Abstract Service Registry Numbers (CASRNs) that are routinely used for 
nonylphenols may not accurately reflect the identity of those 
substances. Manufacturers may incorrectly use a linear identity when 
actually referring to branched nonylphenol. CASRN 84852-15-3 
corresponds to the most widely produced nonylphenol, branched 4-
nonylphenol. Much of the literature refers to the linear (or normal) 
nonylphenol (CASRN 25154-52-3) and there are also references to a 
specific linear para isomer 4-n-nonylphenol (CASRN 104-40-5), which is 
covered within the broader CASRN 25154-52-3. Many, but not all, 
references may be inaccurate about the identity of the substances 
listed as nonylphenol due to inaccurate identities in the source 
material. A supplier of nonylphenol may use CASRN 104-40-5, signifying 
the linear 4-n-nonylphenol, while actually supplying branched 4-
nonylphenol (CASRN 84852-15-3). The name 4-nonylphenol is listed as a 
synonym under CASRN 104-40-5, which may lead to such confusion.

C. How is EPA proposing to list nonylphenol on the TRI?

    Because there is no one CASRN that adequately captures what is 
referred to as nonylphenol and because of the apparent confusion that 
has resulted from the use of multiple CASRNs, EPA is proposing to add 
nonylphenol as a category defined by a structure. EPA is proposing to 
define the nonylphenol category using the structure and text presented 
below.

[[Page 37179]]

[GRAPHIC] [TIFF OMITTED] TP20JN13.011

This category definition covers the chemicals that are included in 
CASRNs 84852-15-3 as well as those 4 position isomers covered by CASRN 
25154-52-3. Any nonylphenol that meets the above category definition 
would be reportable regardless of its assigned CASRN.

IV. What Is EPA's evaluation of the environmental toxicity of 
nonylphenol?

    Nonylphenol is toxic to aquatic organisms and has been found in 
ambient waters. Because of nonylphenol's toxicity, chemical properties, 
and widespread use as a chemical intermediate, concerns have been 
raised over the potential risks to aquatic organisms from exposure to 
nonylphenol. All of the hazard information presented here has been 
adapted from EPA's 2005 Water Quality Criteria document for 
nonylphenol, which was previously peer reviewed (Ref. 3).

A. Acute Toxicity to Aquatic Animals

    1. Freshwater Species. The acute toxicity values of nonylphenol to 
freshwater organisms are shown in Table 1. Acute toxicities have been 
determined for more than 18 species representing over 15 genera. 
Toxicity values ranged from 21 micrograms per liter ([mu]g/L) for a 
detritivorous amphipod (Hyalella aztecta) to 774 [mu]g/L for an algal 
grazing snail (Physella virgata) (Ref. 4). No relationships were found 
between nonylphenol toxicity and water hardness or pH.
    An amphipod (Hyalella azteca) was the most sensitive species tested 
with LC50 values (i.e., the concentration that is lethal to 
50% of test organisms) ranging from 21 to 150 [mu]g/L (Refs. 4 and 5). 
Reported EC50 values (i.e., the concentration that is 
effective in producing a sublethal response in 50% of test organisms) 
for the water flea (Daphnia magna) ranged from 104 to 190 [mu]g/L in 
renewal and static tests respectively (Refs. 4 and 6). The overall mean 
acute value for Daphnia magna was 141 [mu]g/L.
    Species least sensitive to nonylphenol were also invertebrates. An 
annelid worm (Lumbriculus variegatus) had an LC50 of 342 
[mu]g/L, while the acute endpoint for a dragonfly nymph (Ophiogomphus 
sp.) was an LC50 of 596 [mu]g/L (Ref. 4). The least 
sensitive species tested was a snail (Physella virgata) with an 
LC50 of 774 [mu]g/L. Eleven species of fish were tested and 
found to be in the mid-range of sensitivity to nonylphenol with acute 
values ranging from 110 to 360 [mu]g/L.

                         Table 1--Acute Toxicity of Nonylphenol to Freshwater Organisms
----------------------------------------------------------------------------------------------------------------
                                                                             LC50 or
           Species                Common name      Method \a\        pH        EC50            Reference
                                                                            ([mu]g/L)
----------------------------------------------------------------------------------------------------------------
Hyalella azteca (juvenile, 2   Amphipod........  F, M..........       7.80         21  Ref. 4.
 mm total length).
Daphnia magna ( 0.07g).
Oncorhynchus clarki henshawi   Lahontan          S, U..........        7.9        140  Ref. 9.
 (0.34  0.08g).     Cutthroat Trout.
Pimephales promelas (32 days   Fathead Minnow..  F, M..........       7.29        140  Refs. 10 and 11.
 old).
Hyalella azteca (juvenile, 2-  Amphipod........  F, M..........    7.9-8.7        150  Ref. 5.
 3mm total length).
Oncorhynchus clarki stomais    Greenback         S, U..........    7.5-7.6        150  Ref. 9.
 (0.31  0.17g).     Cutthroat Trout.
Chironomus tentans (2nd        Midge...........  F, M..........    8.0-8.4        160  Ref. 12.
 instar).
Oncorhynchus mykiss (0.48      Rainbow Trout...  S, U..........    7.5-7.9        160  Ref. 9.
  0.08g).
Oncorhynchus apache (0.38      Apache Trout....  S, U..........    7.3-7.7        160  Ref. 9.
  0.18g).
Xyrauchen texanus (0.31  0.04g).
Pimephales promelas (0.34      Fathead Minnow..  S, U..........    7.5-7.6        170  Ref. 9.
  0.24g).
Oncorhynchus mykiss (0.50      Rainbow Trout...  S, U..........    6.5-7.9        180  Ref. 9.
  0.21g).
Oncorhynchus apache (0.85      Apache Trout....  S, U..........    7.8-7.9        180  Ref. 9.
  0.49g).
Daphnia magna ( 0.35g).
Xyrauchen texanus (0.32  0.07g).
Etheostoma lepidum (0.133g,    Greenthroat       S, U..........    8.0-8.2        190  Ref. 7.
 22.6 mm).                      Darter.
Lepomis macrochirus            Bluegill........  F, M..........       7.61        209  Ref. 4.
 (juvenile).
Pimephales promelas (0.32      Fathead Minnow..  S, U..........    7.7-8.1        210  Ref. 9.
  0.16g).
Oncorhynchus clarki henshawi   Lahontan          S, U..........    7.6-7.7        220  Ref. 9.
 (0.57  0.23g).     Cutthroat Trout.
Oncorhynchus mykiss (45 days   Rainbow Trout...  F, M..........       6.72        221  Ref. 4.
 old).
Poeciliopsis occidentalis      Gila Topminnow..  S, U..........        8.0        230  Ref. 7.
 (0.22g, 27.2 mm).
Ptychocheilus lucius (0.32     Colorado          S, U..........    8.1-8.2        240  Ref. 9.
  0.05g).           Squawfish.
Oncorhynchus mykiss (1.25      Rainbow Trout...  S, U..........    7.5-7.7        260  Ref. 9.
  0.57g).

[[Page 37180]]

 
Oncorhynchus mykiss (1.09      Rainbow Trout...  S, U..........    7.7-7.9        270  Ref. 9.
  0.38g).
Gila elegans (0.29  0.08g).
Ptychocheilus lucius (0.34     Colorado          S, U..........    7.8-8.0        270  Ref. 9.
  0.05g).           Squawfish.
Pimephales promelas (0.39      Fathead Minnow..  S, U..........    7.8-8.2        290  Ref. 9.
  0.14g).
Pimephales promelas (0.45      Fathead Minnow..  S, U..........    7.6-7.8        310  Ref. 9.
  0.35g).
Gila elegans (0.52  0.09g).
Pimephales promelas (0.40      Fathead Minnow..  S, U..........    7.5-7.9        330  Ref. 9.
  0.21g).
Lumbriculus variegatus         Annelid.........  F, M..........       6.75        342  Ref. 4.
 (adult).
Pimephales promelas (0.56      Fathead Minnow..  S, U..........    7.8-8.1        360  Ref. 9.
  0.19g).
Ophiogomphus sp. (nymph).....  Dragonfly.......  F, M..........       8.06        596  Ref. 4.
Physella virgata (adult).....  Snail...........  F, M..........       7.89        774  Ref. 4.
----------------------------------------------------------------------------------------------------------------
\a\ S = Static; R = Renewal; F = Flow-through; M = Measured; U = Unmeasured.

    2. Saltwater Species. The acute toxicity values of nonylphenol to 
saltwater organisms are shown in Table 2. Acute toxicities have been 
determined for 11 species within 11 genera. Acute toxicity values 
ranged from 17 [mu]g/L for the winter flounder (Pleuronectes 
americanus) (Ref. 13), to 310 [mu]g/L for the sheepshead minnow 
(Cyprinodon variegatus) (Ref. 14).
    A number of benthic invertebrates have been investigated including 
a deposit-feeding clam (Mulinia lateralis) with an LC50 of 
38 [mu]g/L (Ref. 13), a copepod (Acartia tonsa) with an LC50 
of 190 [mu]g/L (Ref. 15), the American lobster (Homarus americanus) 
with an LC50 of 71 [mu]g/L (Ref. 13), the mud crab 
(Dyspanopeus sayii) with an LC50 greater than 195 [mu]g/L 
(Ref. 13), and two amphipods (Leptocheirus plumulosus) with an 
LC50 of 62 [mu]g/L (Ref. 13) and (Eohaustorius estuarius) 
with an LC50 of 138 [mu]g/L (Ref. 16).

                      Table 2--Acute Toxicity of Nonylphenol to Saltwater Aquatic Organisms
----------------------------------------------------------------------------------------------------------------
                                                                              LC50 or
                                                                               EC50
           Species                Common name      Method \a\        pH     ([micro]g/          Reference
                                                                                L)
----------------------------------------------------------------------------------------------------------------
Pleuronectes americanus (48    Winter Flounder.  S, M..........    7.8-8.2          17  Ref. 13.
 hrs old).
Mulinia lateralis (embryo/     Coot Clam.......  S, U..........    7.8-8.2          38  Ref. 13.
 larvae).
Mysidopsis bahia \b\ ( 195  Ref. 13.
 5th stage larvae).
Cyprinodon variegatus          Sheepshead        F, M..........    7.4-8.1         310  Ref. 14.
 (juvenile).                    Minnow.
----------------------------------------------------------------------------------------------------------------
\a\ S = Static; R = Renewal; F = Flow-through; M = Measured; U = Unmeasured.
\b\ Note that there has been a taxonomic name change, Mysidopsis bahia is now Americamysis bahia, the original
  names from the studies are used in this document to avoid any confusion.

B. Chronic Toxicity to Aquatic Animals

    1. Freshwater Species. The chronic toxicity of nonylphenol to 
freshwater animals has been studied in two fish and three invertebrate 
species (Table 3). Of the invertebrates, a number of species of the 
cladoceran (water fleas) genus Daphnia have been extensively tested for 
chronic effects. Water flea (Ceriodaphnia dubia) neonates exhibited 
reproductive impairment when exposed to nonylphenol for 7 days at 202 
[micro]g/L and survival was impaired at concentrations of 377 [micro]g/
L (Ref. 18). Four to 24-hour old water fleas (Daphnia magna) showed a 
reduction in the number of young per brood over 9 days of exposure to 
concentrations as low as 48 [micro]g/L. Based on this study, a chronic 
Lowest-Observed-Effect-Concentration (LOEC) was calculated to be 23 
[micro]g/L for effects on brood production (Ref. 19). Water fleas 
(Daphnia magna) exposed to 71 and 130 [micro]g/L nonylphenol for 21 
days exhibited declines in both growth and adult survival rates (Ref. 
6). In a separate 21-day life cycle study of water fleas (Daphnia 
magna); growth, reproduction, and survival were all reduced at 
concentrations of 158 [micro]g/L and above (Ref. 4).
    Less than 24-hour-old midge (Chironomus tentans) larvae exposed to 
concentrations of nonylphenol from 12 to 200 [micro]g/L and showed 
significant declines in larval survival over the first 20 days of 
exposure. The chronic toxicity value for survival was calculated as 62 
[micro]g/L (Ref. 20).
    A 91-day life stage test was conducted with the embryos and fry of 
rainbow trout (Oncorhynchus mykiss) at concentrations from 6 to 114 
[micro]g/L. Nearly all larvae were abnormal at the two highest exposure 
concentrations (>= 53 [micro]g/L) (Ref. 4). Survival was reduced at >= 
23 [micro]g/L and growth measured as both change in weight and length 
was even more sensitive with measured decreases at concentrations as 
low as 10 [micro]g/L. The chronic toxicity effect value for growth 
(both weight and length) was calculated as 8 [micro]g/L (Ref. 4).
    Embryos and larvae of the fathead minnow (Pimephales promelas) were

[[Page 37181]]

exposed in a 33-day early-life-stage test at nonylphenol concentrations 
ranging from 3 to 23 [micro]g/L (Ref. 21). Hatching was delayed at the 
two highest concentrations (14 and 23 [micro]g/L). Fathead minnow 
survival was reduced at concentrations of 14 [micro]g/L and greater. 
The survival chronic toxicity effect value for fathead minnows was 
calculated to be 14 [micro]g/L (Ref. 21).
    2. Saltwater Species. Two chronic toxicity tests have been 
conducted with mysid shrimp (Mysidopsis bahia) (Ref. 22). The first 
experiment was a 28-day exposure measuring survival, growth, and 
reproduction. Shrimp survival was reduced by 18% on exposure to 9 
[micro]g/L. Growth in length was the most sensitive endpoint with a 7% 
reduction in length for animals exposed to 7 [micro]g/L and No-
Observed-Effect-Concentration (NOEC) and LOEC for growth responses of 4 
and 7 [micro]g/L (Table 3).
    The second experiment, a 28-day life-cycle test, examined the 
effect of nonylphenol on brood release and growth (Ref. 23). Growth of 
female mysids (Americamysis bahia) was reduced at concentrations at and 
above 28 [micro]g/L. Brood production was the most sensitive endpoint 
in this study. The average number of young per female-reproductive day 
was reduced at concentrations >= 15 [micro]g/L. The NOECs and LOECs for 
reproductive responses were 9 and 15 [micro]g/L.

                                              Table 3--Chronic Toxicity of Nonylphenol to Aquatic Organisms
                                                               [Freshwater and Saltwater]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Chronic
                                                                                            value
              Species                    Common name        Method \a\ \b\        pH        range          Endpoint                  Reference
                                                                                         ([micro]g/
                                                                                             L)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mysidopsis bahia \c\..............  Mysid Shrimp........  LC, SW............    7.4-8.3           5  (NOEC x LOEC)1/2      Ref. 22.
                                                                                                      Growth.
Oncorhynchus mykiss...............  Rainbow Trout.......  ESL, FW...........       6.97           8  (NOEC x LOEC)1/2      Ref. 4.
                                                                                                      Growth.
Mysidopsis bahia \c\..............  Mysid Shrimp........  LC, SW............    7.4-8.3           9  Survival............  Ref. 22.
Mysidopsis bahia \c\..............  Mysid Shrimp........  LC, SW............    7.4-8.3           9  Reproduction........  Ref. 22.
Americamysis bahia................  Mysid Shrimp........  LC, SW............    Missing          12  (NOEC x LOEC)1/2      Ref. 23.
                                                                                                      Total Number of
                                                                                                      Young.
Pimephales promelas...............  Fathead Minnow......  ELS, FW...........    7.1-8.2          14  Delayed Hatching;     Ref. 21.
                                                                                                      Survival.
Oncorhynchus mykiss...............  Rainbow Trout.......  ESL, FW...........       6.97          23  Survival............  Ref. 4.
Daphnia magna.....................  Water Flea..........  LC, FW............       8.04          23  (NOEC x LOEC)1/2      Ref. 19.
                                                                                                      Total Number of
                                                                                                      Young.
Americamysis bahia................  Mysid Shrimp........  LC, SW............    Missing          28  Growth..............  Ref. 23.
Daphnia magna.....................  Water Flea..........  LC, FW............       8.25          39  Number of Live Young  Ref. 6.
Oncorhynchus mykiss...............  Rainbow Trout.......  ESL, FW...........       6.97          53  Abnormal Development  Ref. 4.
Chironomus tentans................  Midge...............  LC, FW............       7.73          62  (NOEC x LOEC)1/2 20   Ref. 20.
                                                                                                      d Survival.
Daphnia magna.....................  Water Flea..........  LC, FW............       8.25          71  Growth..............  Ref. 6.
Daphnia magna.....................  Water Flea..........  LC, FW............       8.25         130  Adult Survival......  Ref. 6.
Daphnia magna.....................  Water Flea..........  LC, FW............       8.46         158  (NOEC x LOEC)1/2      Ref. 4.
                                                                                                      Growth and
                                                                                                      Reproduction;
                                                                                                      Survival.
Ceriodaphnia dubia................  Water Flea..........  LC, FW............    8.3-8.6         202  Reproductive          Ref. 18.
                                                                                                      Impairment.
Ceriodaphnia dubia................  Water Flea..........  LC, FW............    8.3-8.6         377  Survival............  Ref. 18.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ LC = life-cycle or partial life-cycle; ELS = early life-stage.
\b\ FW = Freshwater, SW = Saltwater.
\c\ Note that there has been a taxonomic name change, Mysidopsis bahia is now Americamysis bahia, the original names from the studies are used in this
  document to avoid any confusion.

C. Toxicity to Aquatic Plants

    1. Freshwater. Ecological toxicity data for freshwater plants was 
available only for single-celled planktonic green alga (Selenastrum 
capricornutum) (Ref. 24). Algae exposed to nonylphenol for 4 days had 
an EC50 for effect on population growth rate of 410 
[micro]g/L. The effect did not persist when the algae were transferred 
to fresh, uncontaminated, growth medium.
    2. Saltwater. Ecological toxicity data for saltwater plants are 
available only for a single species of marine planktonic algae, a 
diatom (Skeletonema costatum) (Ref. 25). The EC50 for 
nonylphenol effect on vegetative growth was 27 [micro]g/L.

D. Bioaccumulation

    1. Freshwater Species. Data on bioaccumulation of nonylphenol in 
freshwater organisms was limited to two species of fish, fathead minnow 
(Pimephales promelas) and bluegill (Lepomis macrochirus). Juvenile 
fathead minnows exposed to 5 and 23 [micro]g/L nonylphenol for 27 days 
showed non-lipid-normalized bioconcentration factors (BCF) of 271 and 
344 respectively (Ref. 26). Values which had been normalized to 
organism lipid content were approximately five times lower. A short-
term (4-day) bioassay indicated that tissue concentrations reached 
steady-state within two days in both the fathead minnow and bluegill 
(Ref. 27). Overall, lipid-normalized BCF's for fathead minnows in 4- 
and 27-day tests ranged from 128 to 209 and for bluegills from 39 to 57 
(Ref. 8). A 42-day exposure experiment using fathead minnows and 
exposure concentrations of 0.4 to 3.4 [micro]g/L resulted in BCFs 
ranging from 203 to 268 (Ref. 28).
    2. Saltwater Species. Bioconcentration factors are available for 
three species of marine animals; the blue mussel (Mytilus edulis), the 
three-spined stickleback fish (Gasterosteus aculeatus), and a benthic 
shrimp (Crangon crangon) (Ref. 29). Individuals of all three species 
were exposed to carbon-14 (\14\C)-labeled nonylphenol for 16 days and 
followed over a subsequent elimination period of 32 days. BCFs

[[Page 37182]]

ranged from a measured value in benthic shrimp of 79 to an estimated 
value of 2,168 for the blue mussel.

E. Reproductive, Developmental, and Estrogenic Effects

    Numerous investigations have demonstrated the estrogenic activity 
of nonylphenol (see Refs. 30, 31, and 32 for reviews). The majority of 
studies have been conducted with aquatic species and effects have been 
demonstrated both in vitro and in vivo. While most of these studies 
have been conducted on fish, a number of species of invertebrates have 
also been examined.
    1. Aquatic Invertebrates. Among invertebrates, estrogenic effects 
have been demonstrated in a marine amphipod (Corophium volutator) at 10 
[micro]g/L (Ref. 33) and larvae of a freshwater insect (Chironomus 
riparis) at 2,000 [micro]g/L (Ref. 34). However, no estrogenic effects 
were found in a marine copepod (Tisbe battagliai) at exposure 
concentrations up to 55 [micro]g/L (Ref. 35).
    2. In Vivo Responses in Fish. The protein vitellogenin, which is 
produced in the liver, is a primary constituent in the yolk of the ova 
of oviparous vertebrate species (i.e., species producing eggs which 
hatch outside the body). Very little vitellogenin is produced in males 
and increased vitellogenin production in males is an indication of 
estrogenic effects. While nonylphenol has been shown to produce 
estrogenic effects, estimates from studies on male rainbow trout 
(Oncorhynchus mykiss) suggest that it is 2,000 to 3,000 times less 
potent than natural estrogen (17 beta-estradiol) (Ref. 36).
    Exposure to nonylphenol has been shown to increase vitellogenin 
production in male rainbow trout (Oncorhynchus mykiss) at 
concentrations from 10 to 100 [micro]g/L over periods of 4 hours to 3 
days (Refs. 37, 38 and 39). Jobling and colleagues (Ref. 40) also found 
increased vitellogenin production in male rainbow trout after 21 days 
of exposure to nonylphenol concentrations of 20 and 54 [micro]g/L. 
Similarly, Tremblay and van der Kraak (Ref. 41) found increased plasma 
vitellogenin after 3 weeks of exposure to 50 [micro]g/L nonylphenol in 
rainbow trout. Female rainbow trout are similarly sensitive with 
vitellogenin induction occurring with exposures ranging from 8 to 86 
[micro]g/L (Ref. 42). The study on female rainbow trout also noted that 
nonylphenol exposure caused changes in several pituitary and hormone 
plasma levels. Exposure to nonylphenol concentrations as low as 4 
[micro]g/L led to vitellogenin induction in male green swordfish 
(Xiphophorous helleri). In contrast, additional studies did not show 
vitellogenin induction in rainbow trout exposed for 9 days at 109 
[micro]g/L (Ref. 43) or the Atlantic salmon (Salmo trutta) exposed for 
30 days to 20 [micro]g/L (Ref. 44).
    Vitellogenin messenger ribonucleic acid (mRNA) is a direct 
precursor to protein formation and increased production in rainbow 
trout at concentrations of 10 to 14 [micro]g/L when exposed for 4 and 
72 hours respectively (Ref. 3). Increased levels of plasma vitellogenin 
and several pituitary and plasma hormone levels were observed in female 
rainbow trout exposed to 8 and 86 [micro]g/L nonylphenol. The route of 
exposure influenced vitellogenin induction in the fathead minnow with 
an order of magnitude greater induction when exposed via water as 
opposed to diet (Ref. 45).
    Fish fecundity (i.e., the rate of production of young) is also 
affected in various ways by nonylphenol exposure (Ref. 28). 
Concentrations as low as 0.5 to 3.4 [micro]g/L, although not acutely 
toxic, decreased the fecundity of fathead minnows at various times over 
the reproductive season. At concentrations of approximately 0.1 
[micro]g/L, fecundity was increased in fathead minnows. These results 
suggest a possible hormetic response of fish fecundity to nonylphenol.
    A number of studies have been performed with the fish Japanese 
medaka (Oryzias latipes). Following hatch, a cohort of Japanese medaka 
was exposed for 28 days and monitored for the following 55 days for 
survival, growth, egg viability, egg production, and gonosomatic index 
(GSI) (Ref. 46). No effects were noted at the lowest exposure 
concentration of 1.93 [micro]g/L. However, in a 3-month exposure study 
with the same species, effects were noted at 50 [micro]g/L and included 
intersex (development of ovo-testis) and the sex ratio shifted in favor 
of females (Ref. 47). Another study of Japanese medaka found that, in 
fish exposed from fertilized egg to 60 days post-hatch, the LOEC for 
vitellogenin induction was found to be 12 [micro]g/L (Ref. 48).
    A two-generation (F0 and F1) flow-through 
study exposed Japanese medaka from eggs to 60 days post-hatch of the 
second (F1) generation at concentrations ranging from 4 to 
183 [micro]g/L (Ref. 49). For the F0 generation, egg 
hatchability was reduced by 48% at 187 [micro]g/L. Survival was reduced 
at 60 days post-hatch for exposures at or above 18 [micro]g/L. However, 
no differences in growth rates were observed in the F0 
generation at any exposure concentration 60 days post-hatch. Induction 
of ovo-testis was observed at 18 [micro]g/L with 20% of the fish 
exhibiting external male characteristics having ovo-testis. At 51 
[micro]g/L, all fish exhibited external female characteristics with 40% 
containing ovo-testis. Spermatogenesis was observed in ovo-testis 
containing fish exposed to 18 but not 51 [micro]g/L. Fecundity was not 
affected by nonylphenol exposure. GSI of female fish was increased by 
exposure to concentrations greater than 8 [micro]g/L.
    Effects of exposure on the F1 generation were also 
reported with no embryological abnormalities or hatching failures 
observed at any of the treatment concentrations. Growth was also not 
affected at 60 days post-hatch in the F1 generation. 
However, the sex ratio as determined by secondary sexual 
characteristics changed in favor of females (1:2) at concentrations 
greater than 18 [micro]g/L. Induction of ovo-testis occurred at lower 
concentrations in the F1 as opposed to the F0 
generation (8 versus 18 [micro]g/L). All fish in the F1 
generation with ovo-testis displayed external male characteristics and 
the degree of oocyte development was not as complete as with the 
F0 18 [micro]g/L treatment. The overall results suggest a 
NOEC and LOEC of approximately 8 and 18 [micro]g/L respectively.
    A multi-generational study has also been conducted for the rainbow 
trout (Oncorhynchus mykiss) (Ref. 50). Exposure to concentrations of 1 
and 10 [micro]g/L of adult males and females was intermittent over 4 
months. Vitellogenin induction was increased in adult male fish exposed 
to both 1 and 10 [micro]g/L. Male progeny of fish exposed to 10 
[micro]g/L showed elevated plasma estradiol concentrations. Female 
progeny showed elevated levels of plasma testosterone and vitellogenin 
concentrations.

V. Rationale for Listing

    EPA's technical evaluation of nonylphenol shows that it can 
reasonably be anticipated to cause, because of its toxicity, 
significant adverse effects in aquatic organisms. Toxicity values for 
nonylphenol are available for numerous species of aquatic organisms. 
The observed effects from nonylphenol exposure occur at very low 
concentrations demonstrating that nonylphenol is highly toxic to 
aquatic organisms. Data summarized in this document include acute 
toxicity values for freshwater organisms ranging from 21 [micro]g/L for 
a detritivorous amphipod to 774 [micro]g/L for an algal grazing snail. 
Acute toxicity values for freshwater fish ranged from 110 [micro]g/L 
for the fountain darter to 128 to 360 [micro]g/L for the fathead 
minnow. Acute toxicity values for saltwater organisms ranged from 17 
[micro]g/L for the winter flounder to

[[Page 37183]]

310 [micro]g/L for the sheepshead minnow. Chronic toxicity values are 
also available for several aquatic species ranging from 5 [micro]g/L 
for growth effects in mysid shrimp to 377 [micro]g/L for survival 
effects in water fleas. Chronic toxicity values for rainbow trout 
ranged from 8 [micro]g/L for effects on growth to 53 [micro]g/L for 
abnormal development. Reproductive, developmental, and estrogenic 
effects on aquatic organisms have also been reported for nonylphenol 
with some effects observed at concentrations of 4 [micro]g/L or less. 
Therefore, EPA believes that the evidence is sufficient for listing the 
nonylphenol category on the EPCRA section 313 toxic chemical list 
pursuant to EPCRA section 313(d)(2)(C) based on the available 
ecological toxicity data.
    EPA does not believe that it is appropriate to consider exposure 
for chemicals that are highly toxic based on a hazard assessment when 
determining if a chemical can be added for environmental effects 
pursuant to EPCRA section 313(d)(2)(C) (see 59 FR 61440-61442). 
Therefore, in accordance with EPA's standard policy on the use of 
exposure assessments (59 FR 61432), EPA does not believe that an 
exposure assessment is necessary or appropriate for determining whether 
the nonylphenol category meets the criteria of EPCRA section 
313(d)(2)(C).

VI. References

    EPA has established an official public docket for this action under 
Docket ID No. EPA-HQ-TRI-2012-0110. The public docket includes 
information considered by EPA in developing this action, including the 
documents listed below, which are electronically or physically located 
in the docket. In addition, interested parties should consult documents 
that are referenced in the documents that EPA has placed in the docket, 
regardless of whether these referenced documents are electronically or 
physically located in the docket. For assistance in locating documents 
that are referenced in documents that EPA has placed in the docket, but 
that are not electronically or physically located in the docket, please 
consult the person listed in the above FOR FURTHER INFORMATION CONTACT 
section.

1. USEPA. 2010. Nonylphenol (NP) and Nonylphenol Ethoxylates (NPEs) 
Action Plan (RIN 2070-ZA09). United States Environmental Protection 
Agency, Washington, DC. August 18, 2010.
2. Lorenc, J. F., Lambeth, G. and Scheffer, W. 2003. Alkylphenols. 
Kirk-Othmer Encyclopedia of Chemical Technology, John Wiley & Sons, 
Inc. 2:225.
3. USEPA. 2005. Aquatic Life Ambient Water Quality Criteria--
Nonylphenol Final. United States Environmental Protection Agency, 
Washington, DC. Office of Water. EPA-822-R-05-005. December 2005.
4. Brooke, L.T. 1993a. Acute and chronic toxicity of nonylphenol to 
ten species of aquatic organisms. Report to the U.S. EPA for Work 
Assignment No. 02 of Contract No. 68-C1-0034. Lake Superior Research 
Institute, University of Wisconsin-Superior, Superior, WI. March 24. 
30 pp. Amended 18 October 2005. 34 pp.
5. England, D.E. and J.B. Bussard. 1995. Toxicity of nonylphenol to 
the amphipod Hyalella azteca (Saussure). Report No. 41569. ABC 
Laboratories, Inc., Columbia, MO. 178 pp.
6. Comber, M.H.I., T.D. Williams and K.M. Stewart. 1993. The effects 
of nonylphenol on Daphnia magna. Wat. Res. 27: 273-276.
7. Dwyer, F.J., D.K. Hardesty, C.E. Henke, C.G. Ingersoll, D.W. 
Whites, D.R. Mount and C.M. Bridges. 1999. Assessing contaminant 
sensitivity of endangered and threatened species: Toxicant classes. 
EPA/600/R-99/098. National Technical Information Service, 
Springfield, VA. 15pp.
8. Brooke, L.T. 1993b. Nonylphenol Toxicity. Accumulation and 
lethality for two freshwater fishes (fathead minnow and bluegill) to 
nonylphenol. Report to the U.S. EPA for the Work Assignment No. 1-12 
of Contract No. 68-C1-0034. Lake Superior Research Institute, 
University of Wisconsin-Superior, WI. September 30. 50 pp.
9. Dwyer, F.J., L.C. Sappington, D.R. Buckler and S.B. Jones. 1995. 
Use of surrogate species in assessing contaminant risk to endangered 
and threatened fishes. EPA/600/R-96/029. National Technical 
Information Service, Springfield, VA. 71 pp.
10. Holcombe, G.W., G.L. Phipps, M.L. Knuth and T. Felhaber. 1984. 
The acute toxicity of selected substituted phenols, benzenes, and 
benzoic acid esters to fathead minnows (Pimephales promelas). 
Environ. Pollut. (Series A) 35: 367-381.
11. University of Wisconsin-Superior. 1985. Acute toxicities of 
organic chemicals to fathead minnows (Pimephales promelas). Volume 
II. D.L. Geiger, C.E. Northcott, D.J. Call, and L.T. Brooke (Eds.). 
Center for Lake Superior Environmental Studies, University of 
Wisconsin-Superior, Superior, WI. 326 pp.
12. England, D.E. and J.B. Bussard. 1993. Toxicity of nonylphenol to 
the midge Chironomus tentans. Report No. 40597. ABC Laboratories, 
Inc., Columbia, MO. 92 pp.
13. Lussier, S.M., D. Champlin, J. LiVolsi, S. Poucher and R.J. 
Pruell. 2000. Acute toxicity of para-nonylphenol to saltwater 
animals. Environ. Toxicol. Chem. 19: 617-621.
14. Ward, T.J. and R.L. Boeri. 1990a. Acute flow through toxicity of 
nonylphenol to the sheepshead minnow, Cyprinodon variegatus. 
EnviroSystems Study Number 8972-CMA, Hampton, NH. 34 pp.
15. Kusk, K.O. and L. Wollenberger. 1999. Fully defined saltwater 
medium for cultivation of and toxicity testing with the marine 
copepod Acartia tonsa. Environ. Toxicol. Chem. 20: 1564-1567.
16. Hecht, S. and B.L. Boese. 2002. Sensitivity of an infaunal 
amphipod, Eohaustorius estuaries, to acute waterborne exposures of 
4-nonylphenol: Evidence of a toxic hangover. Environ. Toxicol. Chem. 
21: 816-819.
17. Ward, T.J. and R.L. Boeri. 1990b. Acute flow through toxicity of 
nonylphenol to the mysid, Mysidopsis bahia. EnviroSystems Study 
Number 8974-CMA, Hampton, NH. 35 pp.
18. England, D.E. 1995. Chronic toxicity of nonylphenol to 
Ceriodaphnia dubia. Report No. 41756. ABC Laboratories, Inc. 
Columbia, MO. 409 pp.
19. Fliedner, A. 1993. Daphnia magna Reproduction test (OECD) No. 
202). Fraunhofer-Institute fur Umweltchemie und Okotoxikologie, 
Posfach 1260, W-5948 Schmallenberg--Grafschaft, Germany. Report No. 
UBA-002/4-22 February.
20. Kahl, M.D., E.A. Makynen, P.A. Kosian and G.T. Ankley. 1997. 
Toxicity of 4-nonylphenol in a life-cycle test with the midge 
Chironomus tentans. Ecotoxicol. Environ. Saf. 38: 155-160.
21. Ward, T.J. and R.L. Boeri. 1991a. Early life stage toxicity of 
nonylphenol to the fathead minnow, Pimephales promelas. 
EnviroSystems Study Number 8979-CMA, Hampton, NH. 59 pp.
22. Ward, T.J. and R.L. Boeri. 1991b. Chronic toxicity of 
nonylphenol to the mysid, Mysidopsis bahia. EnviroSystems Study 
Number 8977-CMA, Hampton, NH. 61 pp.
23. Kuhn, A., W.R. Munns, Jr., D. Champlin, R. McKinney, M. 
Tagliabue, J. Serbst and T. Gleason. 2001. Evaluation of the 
efficacy of extrapolation population modeling to predict the 
dynamics of Americamysis bahia populations in the laboratory. 
Environ. Toxicol. Chem. 20: 213-221.
24. Ward, T.J. and R.L. Boeri. 1990c. Acute static toxicity of 
nonylphenol to the freshwater alga Selenastrum capricornutum. 
EnviroSystems Study Number 8969-CMA, Hampton, NH. 41 pp.
25. Ward, T.J. and R.L. Boeri. 1990d. Acute static toxicity of 
nonylphenol to the marine alga Skeletonema costatum. EnviroSystems 
Study Number 8970-CMA, Hampton, NH. 42 pp.
26. Ward, T.J. and R.L. Boeri. 1991c. Bioconcentration test with 
nonlylphenol and the Fathead Minnow, Pimephales promelas. 
EnviroSystems Study Number 8975-CMA, Hampton, NH. 72 pp.
27. Brooke, L.T. 1994. Nonylphenol Analysis. Accumulation and 
lethality for two freshwater fishes (fathead minnow and bluegill) to 
nonylphenol. Report to the U.S. EPA for the Work Assignment No. 2-15 
of Contract No. 68-C1-0034. Lake Superior Research Institute, 
University of Wisconsin-Superior, WI. May 31. 49 pp.

[[Page 37184]]

28. Giesy, J.P., S.L. Pierens, E.M. Snyder, S. Miles-Richardson, 
V.J. Kramer, S.A. Snyder, K.M. Nichols, and D.A. Villeneuve. 2000. 
Effects of 4-nonylphenol on fecundity of biomarkers of estrogenicity 
in fathead minnows (Pimephales promelas). Environ. Toxicol. Chem. 
19: 1368-1377.
29. Ekelund, R., A. Bergman, A. Granmo, and M. Berggren. 1990. 
Bioaccumulation of 4-nonylphenol in marine animals--A re-evaluation. 
Environ. Poll. 64: 107-120.
30. Servos, M.R. 1999. Review of the aquatic toxicity, estrogenic 
responses, and bioaccumulation of alkylphenols and alkylphenol 
polyethoxylates. Wat. Qual. Res. J. Can. 34: 123-177.
31. Sonnenschein, C. and A.M. Soto. 1998. An updated review of 
environmental estrogen and androgen mimics and antagonists. J. 
Steroid Biochem. Molec. Biol. 65: 143-150.
32. Sumpter, J.P. 1998. Xenoendocrine disrupters--environmental 
impacts. Toxicol. Lett. 102-103: 337-342.
33. Brown, R.J., M. Conradi, and M.H. Depledge. 1999. Long-term 
exposure to 4-nonylphenol affects sexual differentiation and growth 
of the amphipod Corophium volutator (Pallus, 1766). Sci. Total 
Environ. 233: 77-88.
34. Hahn, T., K. Schenk, and R. Schulz. 2002. Environmental 
chemicals with known endocrine potential affect yolk protein content 
in the aquatic insect Chironomus riparius. Environ. Pollut. 120: 
525-528.
35. Bechmann, R.K. 1999. Effect of the endocrine disruptor 
nonylphenol on the marine copepod Tisbe battagliai. Sci. Total 
Environ. 233: 33-46.
36. Islinger, M., S. Pawlowski, H. Hollert, A. Volkl, and T. 
Braumbeck. 1999. Measurement of vitellogenin-mRNA expression in 
primary cultures of rainbow trout hepatocytes in a non-radioactive 
dot blot/RNAse protection-assay. Sci. Total Environ. 233:109-122.
37. Ren, L., D. Lattier, and J.J. Lech. 1996a. Estrogenic activity 
in rainbow trout determined with a new cDNA probe for 
vitellogenesis, pSG5Vg1.1. Bull. Environ. Contam. Toxicol. 56: 287-
294.
38. Ren, L., S.K. Lewis, and J.J. Lech. 1996b. Effects of estrogen 
and nonylphenol on the post-transcriptional regulation of 
vitellogenin gene expression. Chemico-Biol. Interact. 100: 67-76.
39. Lech, J.J., S.K. Lewis, and L. Ren. 1996. In vivo estrogenic 
activity of nonylphenol in rainbow trout. Fund. Appl. Toxicol. 30: 
229-232.
40. Jobling, S., D. Sheahan, J.A. Osborne, P. Matthiessen, and J.P. 
Sumpter. 1996. Inhibition of testicular growth in rainbow trout 
(Oncorhynchus mykiss) exposed to estrogenic alkylphenolic chemicals. 
Environ. Toxicol. Chem. 15: 194-202.
41. Tremblay, L. and G. van der Kraak. 1998. Use of a series of 
homologous in vitro and in vivo assays to evaluate the endocrine 
modulating actions of beta-sitosterol in rainbow trout. Aquat. 
Toxicol. 43: 149-162.
42. Harris, C.A., E.M. Santos, a. Janbakhsh, T.G. Pottinger, C.R. 
Tyler, and J.P. Sumpter. 2001. Nonylphenol affects gonadotropin 
levels in the pituitary gland and plasma of female rainbow trout. 
Environ. Sci. Technol. 35: 2909-2916.
43. Pedersen, S.N. L.B. Christiansen, K.L. Pedersen, B. Korsgaard, 
and P. Bjerregaard. 1999. In vivo estrogenic activity of branched 
and linear alkylphenols in rainbow trout (Oncorhychus mykiss). Sci. 
Tot. Environ. 233: 89-96.
44. Moore, A., A.P. Scott, N. Lower, I. Katsiadaki, and L. 
Greenwood. 2003. The effects of 4-nonylphenol and atrazine on 
Atlantic salmon (Salmo salar L.) smolts. Aquaculture 222: 253-263.
45. Pickford, K.A., R.E. Thomas-Jones, B. Wheals, C.R. Tyler, and 
J.P. Sumpter. 2003. Route of exposure affects the oestrogenic 
response of fish to 4-tert-nonylphenol. Aquat. Toxicol. 65: 267-279.
46. Nimrod, A.C. and W.H. Benson. 1998. Reproduction and development 
of Japanese medaka following an early life stage exposure to 
xenoestrogens. Aquat. Toxicol. 44: 141-156.
47. Gray, M.A. and C.D. Metcalfe. 1997. Induction of testis-ova in 
Japanese medaka (Oryzias latipes) exposed to p-nonylphenol. Environ. 
Toxicol. Chem. 16: 1082-1086.
48. Seki, M., H. Yokota, M. Maeda, H. Tadokoro, and K. Kobayashi. 
2003. Effects of 4-nonylphenol and 4-tert-octylphenol on sex 
differentiation and vitellogenin induction in medaka (Oryzias 
latipes). Environ. Toxicol. Chem. 22: 1507-1516.
49. Yokota, H., M. Seki, M. Maeda, Y. Oshima, H. Tadokoro, T. Honjo, 
and K. Kobayashi. 2001. Life-cycle toxicity of 4-nonylphenol to 
medaka (Oryzias latipes). Environ. Toxicol. Chem. 20: 2552-2560.
50. Schwaiger, J., U. Mallow, H. Ferling, S. Knoerr, T. Braunbeck, 
W. Kalbfus, and R.D. Negele. 2000. How estrogenic is nonylphenol? A 
transgenerational study using rainbow trout (Oncorhynchus mykiss) as 
a test organism. Aquat. Toxicol. 59: 177-189.
51. USEPA, OEI. Economic Analysis of the Proposed Rule to add 
Nonylphenol to the EPCRA Section 313 List of Toxic Chemicals. June 
11, 2013.

VII. What are the Statutory and Executive Order Reviews associated with 
this action?

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This proposed rule does not contain any new information collection 
requirements that require additional approval by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501 et. seq. Currently, the facilities subject to the reporting 
requirements under EPCRA 313 and PPA 6607 may use either the EPA Toxic 
Chemicals Release Inventory Form R (EPA Form 9350-1), or the EPA Toxic 
Chemicals Release Inventory Form A (EPA Form 9350-2). The Form R must 
be completed if a facility manufactures, processes, or otherwise uses 
any listed chemical above threshold quantities and meets certain other 
criteria. For the Form A, EPA established an alternative threshold for 
facilities with low annual reportable amounts of a listed toxic 
chemical. A facility that meets the appropriate reporting thresholds, 
but estimates that the total annual reportable amount of the chemical 
does not exceed 500 pounds per year, can take advantage of an 
alternative manufacture, process, or otherwise use threshold of 1 
million pounds per year of the chemical, provided that certain 
conditions are met, and submit the Form A instead of the Form R. In 
addition, respondents may designate the specific chemical identity of a 
substance as a trade secret pursuant to EPCRA section 322 42 U.S.C. 
11042: 40 CFR part 350.
    OMB has approved the reporting and recordkeeping requirements 
related to Forms A and R, supplier notification, and petitions under 
OMB Control number 2025-0009 (EPA Information Collection Request (ICR) 
No. 1363) and those related to trade secret designations under OMB 
Control 2050-0078 (EPA ICR No. 1428). As provided in 5 CFR 1320.5(b) 
and 1320.6(a), 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 numbers 
relevant to EPA's regulations are listed in 40 CFR part 9, 48 CFR 
chapter 15, and displayed on the information collection instruments 
(e.g., forms, instructions).
    For the 57 Form Rs and 13 Form As expected to be filed, EPA 
estimates the industry reporting and recordkeeping burden for 
collecting this information to average, in the first year, $246,429 
(based on 4,874 total burden hours) (Ref. 51). In subsequent years, the 
burden for collecting this information is estimated to average $117,350 
(based on 2,321 total burden hours). These estimates include the time 
needed to become familiar with the requirement (first-year

[[Page 37185]]

only); review instructions; search existing data sources; gather and 
maintain the data needed; complete and review the collection 
information; and transmit or otherwise disclose the information. The 
actual burden on any facility may be different from this estimate 
depending on the complexity of the facility's operations and the 
profile of the releases at the facility. Upon promulgation of a final 
rule, the Agency may determine that the existing burden estimates in 
the ICRs need to be amended in order to account for an increase in 
burden associated with the final action. If so, the Agency will submit 
an information collection worksheet (ICW) to OMB requesting that the 
total burden in each ICR be amended, as appropriate.

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions. For purposes of assessing the impacts of 
today's rule on small entities, small entity is defined as: (1) A 
business that is classified as a ``small business'' by the Small 
Business Administration at 13 CFR 121.201; (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. Of the 70 
entities estimated to be impacted by this proposed rule, 34 are small 
businesses. Of the affected small businesses, all 34 are projected to 
have cost-to-revenue impacts of less than 1% in both the first and 
subsequent years of the rulemaking. Facilities eligible to use Form A 
(those meeting the appropriate activity threshold which have 500 pounds 
per year or less of reportable amounts of the chemical) will have a 
lower burden. No small governments or small organizations are expected 
to be affected by this action. Thus this rule is not expected to have a 
significant adverse economic impact on a substantial number of small 
entities. A more detailed analysis of the impacts on small entities is 
located in EPA's economic analysis support document (Ref. 51). We 
continue to be interested in the potential impacts of the proposed rule 
on small entities and welcome comments on issues related to such 
impacts.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in 
expenditures of $100 million or more for State, local, and tribal 
governments, in the aggregate, or the private sector in any one year. 
EPA's economic analysis indicates that the total cost of this rule is 
estimated to be $246,722 in the first year of reporting. Thus, this 
rule is not subject to the requirements of sections 202 or 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. Small governments 
are not subject to the EPCRA section 313 reporting requirements.

E. Executive Order 13132 (Federalism)

    This action does not have federalism implications. It will not have 
substantial direct effects on the 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. This action relates to toxic 
chemical reporting under EPCRA section 313, which primarily affects 
private sector facilities. Thus, Executive Order 13132 does not apply 
to this action.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed action 
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action 
relates to toxic chemical reporting under EPCRA section 313, which 
primarily affects private sector facilities. Thus, Executive Order 
13175 does not apply to this action. In the spirit of Executive Order 
13175, and consistent with EPA policy to promote communications between 
EPA and Indian Tribal Governments, EPA specifically solicits additional 
comment on this proposed action from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the EO has the 
potential to influence the regulation. This action is not subject to EO 
13045 because it does not establish an environmental standard intended 
to mitigate health or safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355 
(May 22, 2001)), because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve technical standards. 
Therefore, EPA is not considering the use of any voluntary consensus 
standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing,

[[Page 37186]]

as appropriate, disproportionately high and adverse human health or 
environmental effects of their programs, policies, and activities on 
minority populations and low-income populations in the United States. 
EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. This proposed rule adds an additional chemical to the 
EPCRA section 313 reporting requirements. By adding a chemical to the 
list of toxic chemicals subject to reporting under section 313 of 
EPCRA, EPA would be providing communities across the United States 
(including minority populations and low income populations) with access 
to data which they may use to seek lower exposures and consequently 
reductions in chemical risks for themselves and their children. This 
information can also be used by government agencies and others to 
identify potential problems, set priorities, and take appropriate steps 
to reduce any potential risks to human health and the environment. 
Therefore, the informational benefits of the proposed rule will have a 
positive impact on the human health and environmental impacts of 
minority populations, low-income populations, and children.

List of Subjects in 40 CFR Part 372

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

    Dated: June 14, 2013.
Bob Perciasepe,
Acting Administrator.

    Therefore, it is proposed that 40 CFR part 372 be amended as 
follows:

PART 372--TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW

0
1. The authority citation for part 372 continues to read as follows:

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

0
2. The table in Sec.  372.65 paragraph (c) is amended by adding an 
entry in alphabetical order for ``Nonylphenol'' to read as follows:

Sec.  372.65  Chemicals and chemical categories to which the part 
applies.

* * * * *
    (c) * * *
    [GRAPHIC] [TIFF OMITTED] TP20JN13.012
    
[FR Doc. 2013-14754 Filed 6-19-13; 8:45 am]
BILLING CODE 6560-50-P
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