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[Federal Register: April 14, 2010 (Volume 75, Number 71)]
[Proposed Rules]               
[Page 19319-19320]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap10-31]                         


[[Page 19319]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-TRI-2009-0844; FRL-9137-7]
RIN 2025-AA27

 
Hydrogen Sulfide; Community Right-to-Know Toxic Chemical Release 
Reporting; Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Intent to consider lifting administrative stay; opportunity for 
public comment; extension of comment period.

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SUMMARY: On February 26, 2010, EPA issued a Federal Register document 
concerning the Agency's intent to consider lifting the Administrative 
Stay of the Emergency Planning and Community Right-to- Know Act (EPCRA) 
section 313 toxic chemical release reporting requirements for hydrogen 
sulfide (Chemical Abstracts Service Number (CAS No.) 7783-06-4) (75 FR 
8889). The purpose of today's action is to inform interested parties 
that, in response to a request for an extension, EPA is extending the 
comment period by 15 days until May 12, 2010. The comment period was 
previously scheduled to close on April 27, 2010.

DATES: Comments must be received on or before May 12, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
TRI-2009-0844, by one of the following methods:
    http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: 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-
2009-0844. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail 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 http://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 http://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; e-mail: bushman.daniel@epa.gov, for specific information on 
this document. For general information on EPCRA section 313, contact 
the Emergency Planning and Community Right-to-Know Hotline, toll free 
at (800) 424-9346 or (703) 412-9810 in Virginia and Alaska or toll 
free, TDD (800) 553-7672, http://www.epa.gov/epaoswer/hotline/.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply to Me?

    You may be potentially affected by this action if you manufacture, 
process, or otherwise use hydrogen sulfide. Potentially affected 
categories and entities may include, but are not limited to:

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                                      Examples of potentially affected
             Category                             entities
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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.

[[Page 19320]]


                                    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 http://www.regulations.gov or e-mail. Clearly mark the part or all of the 
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. Background Information

A. What Does This Document Do and What Action Does This Document 
Affect?

    This document extends the comment period for EPA's February 26, 
2010, Federal Register document concerning EPA's intent to consider 
lifting the Administrative Stay of the EPCRA section 313 reporting 
requirements for hydrogen sulfide (75 FR 8889).

B. Why and for How Long Is EPA Extending the Comment Period?

    EPA has received a request on behalf of a number of groups to 
extend the comment period on EPA's intent to consider lifting the 
Administrative Stay of the EPCRA section 313 reporting requirements for 
hydrogen sulfide. The groups requesting an extension are the American 
Coke and Coal Chemicals Institute, American Forest and Paper 
Association, American Petroleum Institute, Asphalt Institute, Carbon 
Disulfide Coalition, Corn Refiners Association and The Sulphur 
Institute. These groups have requested additional time to review 
relevant information and prepare comments. EPA has considered this 
request and has determined that extending the comment period is an 
appropriate action. Therefore, EPA is extending the comment period on 
the February 26, 2010, Federal Register document by 15 days until May 
12, 2010. All comments should be submitted following the detailed 
instructions as provided in the ``ADDRESSES'' section of this document, 
and in Unit I. of the ``SUPPLEMENTARY INFORMATION'' section of this 
document. All comments must be received by May 12, 2010.

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and 
recordkeeping requirements, and Toxic chemicals.

    Dated: April 7, 2010.
Richard A. Martin,
Acting Director, Office of Information Analysis and Access.
[FR Doc. 2010-8527 Filed 4-13-10; 8:45 am]
BILLING CODE 6560-50-P
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