[Federal Register Volume 65, Number 225 (Tuesday, November 21, 2000)]
[Proposed Rules]
[Pages 69888-69889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29510]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / 
Proposed Rules

[[Page 69888]]



ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[OEI-100004A; FRL-6722-5]
RIN 2070-AC00


Addition of Diisononyl Phthalate Category; Community Right-to-
Know Toxic Chemical Release Reporting; Extension of Comment Period

Agency:
    Environmental Protection Agency (EPA).

Action: Proposed rule; extension of comment period.

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

SUMMARY: On September 5, 2000, EPA issued a proposed rule, in response 
to a petition filed under section 313(e)(1) of the Emergency Planning 
and Community Right-to-Know Act (EPCRA), to add a diisononyl phthalate 
(DINP) category to the list of toxic chemicals subject to the reporting 
requirements under EPCRA section 313 and section 6607 of the Pollution 
Prevention Act (PPA). EPA proposed 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)(B) toxicity criterion. The purpose of today's action 
is to inform interested parties that, in an effort to ensure adequate 
opportunities for input from all affected parties, EPA is extending the 
comment period by 60 days until February 2, 2001. The comment period 
for the proposed rule was initially scheduled to close on December 4, 
2000.

DATES: Comments, identified by the docket control number OEI-100004, 
must be received by EPA on or before February 2, 2001.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: For technical information on this 
proposed rule contact: Daniel R. Bushman, Petitions Coordinator, 
Environmental Protection Agency, Mail Code 2844, 1200 Pennsylvania 
Ave., Washington, DC 20460; telephone number 202-260-3882, e-mail 
address: <a href="/cdn-cgi/l/email-protection#61031412090c000f4f05000f08040d210411004f060e17"><span class="__cf_email__" data-cfemail="0e6c7b7d66636f60206a6f60676b624e6b7e6f20696178">[email protected]</span></a>. For general information on EPCRA 
section 313, contact 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.

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 any of the chemicals included in the proposed DINP 
category. Potentially affected categories and entities may include, but 
are not limited to:

 
------------------------------------------------------------------------
                                     Examples of Potentially Interested
             Category                             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. 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 ``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/.
    2. In person. The Agency has established an official record for 
this proposal under docket control number OEI-100004. The official 
record consists of the documents specifically referenced in Unit VIII. 
of this proposal and other information related to this proposal, 
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 is available for inspection in the TSCA Nonconfidential 
Information Center, North East Mall Rm. B-607, Waterside Mall, 401 M 
St., SW.,

[[Page 69889]]

Washington, DC. The Center is open from noon to 4 p.m., Monday through 
Friday, excluding legal holidays. The telephone number is 202-260-7099.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. Be sure to identify the appropriate docket control 
number (i.e., ``OEI-100004'') in your correspondence.
    1. By mail. Submit written comments to: Document Control Office 
(7407), Office of Pollution Prevention and Toxics (OPPT), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: OPPT Document 
Control Office (DCO) in East Tower Rm. G-099, Waterside Mall, 401 M 
St., SW., Washington, DC. The DCO is open from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
DCO is: (202) 260-7093.
    3. Electronically. Submit your comments electronically by e-mail 
to: ``<a href="/cdn-cgi/l/email-protection#284758585c06464b414b684d5849064f475e"><span class="__cf_email__" data-cfemail="9ef1eeeeeab0f0fdf7fddefbeeffb0f9f1e8">[email protected]</span></a>.'' Please note that you should not submit any 
information electronically that you consider to be CBI. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on standard computer disks in WordPerfect 6.1/8.0 or ASCII 
file format. All comments and data in electronic form must be 
identified by the docket control number OEI-100004. Electronic comments 
on this proposal may also be filed online at many Federal Depository 
Libraries.

D. How Should I Handle CBI Information that I Want to Submit to the 
Agency?

    You may claim information that you submit in response to this 
proposal as CBI by marking any part or all of that information as CBI. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. A copy of the comment that does 
not contain CBI must be submitted for inclusion in the public record. 
Information not marked confidential will be included in the public 
docket by EPA without prior notice. If you have any questions about CBI 
or the procedures for claiming CBI, please consult with the technical 
person identified in the FOR FURTHER INFORMATION CONTACT section.

II. Background Information

A. What Does this Notice Do and What Action Does this Notice Affect?

    This document extends the comment period for EPA's September 5, 
2000 proposed rule (65 FR 53681) (FRL-6722-3) to add a DINP category to 
the list of toxic chemicals subject to the reporting requirements under 
EPCRA section 313 and section 6607 of the PPA.

B. Why and for How Long is EPA Extending the Comment Period?

    EPA has received several requests to extend the comment period for 
the September 5, 2000 proposed rule. In order to ensure adequate 
opportunities for input from all affected parties, EPA has determined 
that extending the comment period is an appropriate action and will not 
cause significant delay in the evaluation of the proposed rule. 
Therefore, EPA is extending the comment period on the September 5, 2000 
proposed rule by 60 days. All comments must be received by February 2, 
2001.

III. Do Any of the Regulatory Assessment Requirements Apply to this 
Action?

    No. As indicated previously, this action merely announces the 
extension of the comment period for the proposed rule. This action does 
not impose any new 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), the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., or Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997). This action does not impose any enforceable duty, contain any 
unfunded mandate, or impose any significant or unique impact on small 
governments as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4). Nor does it require prior consultation with State, 
local, and Tribal government officials as specified by Executive Order 
13132, entitled Federalism (64 FR 43255, August 10, 1999) and Executive 
Order 13084, entitled Consultation and Coordination with Indian Tribal 
Governments (63 FR 27655, May 19, 1998), or special consideration of 
environmental justice related issues under Executive Order 12898, 
entitled Federal Actions to Address Environmental Justice in Minority 
Populations and Low-Income Populations (59 FR 7629, February 16, 1994) 
or require OMB review in accordance with Executive Order 13045, 
entitled Protection of Children from Environmental Health Risks and 
Safety Risks (62 FR 19885, April 23, 1997). The Agency has determined 
that this action will not 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 12612, entitled 
Federalism (52 FR 41685, October 30, 1987). This action does not 
involve any technical standards that would require Agency consideration 
of voluntary consensus standards pursuant to section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (NTTAA), 
Public Law 104-113, section 12(d) (15 U.S.C. 272 note). In addition, 
since this action is not subject to notice-and-comment requirements 
under the Administrative Procedure Act or any other statute, it is not 
subject to the regulatory flexibility provisions of the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601 et seq.). EPA's compliance with 
these statutes and Executive Orders for the underlying proposed rule, 
is discussed in the preamble to the proposed rule (65 FR 53681).

List of Subjects in 40 CFR Part 372

    Environmental protection, Chemicals, Community right-to-know, 
Hazardous substances, Intergovernmental relations, Reporting and 
recordkeeping requirements, Superfund, Toxic chemicals.

    Dated: November 7, 2000
Elaine G. Stanley,
Director, Office of Information Analysis and Access.
[FR Doc. 00-29510 Filed 11-20-00; 8:45 am]
BILLING CODE 6560-50-F


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