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Citation: 70 Fed. Reg. 75059 2005

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### Federal Register/Vol. 70, No. 242/Monday, December 19, 2005/Rules and Regulations

children. Also, the single study cited during public comment to indicate a potential effect on children has been reviewed during thispetition process andfound to be limited in design and execution. Consequently, EPA determined that the study was of insufficient quality to provide information regarding healthrisks (leukemia) ofMEK to children. Also, EPA evaluated industry's submission to the firsttier ofthe VCCEP program and has determined that there are no data which specifically indicate that the RfC will notbe protective of children.

H. Executive Order13211, Actions Concerning RegulationsThat Significantly Affect EnergySupply, Distribution, or Use
The finalrule is not subject to Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Eng.gy Supply, Distribution, orUse" (66 FR 28355 (May 22, 2001)) because it is not a significant regulatory action under Executive Order 12866:

I. NationalTechnology Transferand AdvancementAct
Section 112(d) ofthe National Technology Transfer and Advancement Act of1995 (NTTAA), Public Law 104- 113, section 12(d) 915 U.S.C. 272 note), directs all Federal agencies to use voluntary consensus standards instead ofgovernment-unique standards intheir regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary

consensus standards are technical standards (e.g., material specifications,
testmethod, sampling and analytical procedures,-businesspractices, etc.) that

are developed or adoptedby one or

more voluntary consensus standards bodies. Examples oforganizations generally regarded as voluntary

consensus standards bodies includethe American society forTesting and Materials (ASTM), the National Fire Protection Association (NFPA), and the Society ofAutomotive Engineers.(SAE). The NTTAA requires Federal agencies like EPA to provide Congress, through OMB, with explanations when an agency decides notto use available and applicable voluntary consensus standards. The final rule does not involve technical standards. Therefore, EPA is notconsidering the use ofany voluntary consensus standards.

J.

Congressional ReviewAct
The Congressional Review Act, 5 U.S.C. 801 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the
agency promulgating the rule must submit arule report, which includes a copy ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United States. EPA will submit a report containing today's final rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General ofthe United States prior to publication ofthe rule inthe Federal Register. This action is not a "major rule" as definedby 5 U.S.C. 804(2). The final rule willbe effective onDecember 19., 2005.

List ofSubjects in 40 CFRPart63

Environmental -protection,Air pollution control, Hazardous substances, Reporting and recordkeeping requirements.

Dated: December 13, 2005. Stephen L. Johnson, Administrator.

mForthe reasons set out in-the preamble, part 63, title40, chapter I of the Code ofFederal Regulations is amended asfollows:

PART 63-[AMENDED]

s 1. The authority citationfor part 63 continues toread as follows:

Authority: 42 U.S.C. 7401, etseq. Subpart C-[Amended]

* 2. Subpart Cis amended by adding 

### §63.61 to read asfollows:
§63.61 Deletion ofmethyl ethyl ketone from the listof hazardous air pollutants.

The substance methyl ethyl ketone (MEK, 2-Butanone) (CAS Number 78- 93-3) is deleted from the list of hazardous air pollutants established by 42 U.S.C. 7412(b)(1).

IFR Doc. 05-24200 Filed 12-16-05; 8:45 am]

BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 710 [EPA-HQ-OPPT-2004-0106; FRL-7743-9]

RIN 2070-AC61

TSCA Inventory Update Reporting Revisions
AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule.

SUMMARY: EPA is amending the Toxic Substances Control Act (TSCA) section 8(a)Inventory Update Reporting (IUR) regulations. The IUR currently requires manufacturers (including importers) of certain chemical substances listed on the TSCA Chemical Substances Inventory to report data on chemical manufacturing, processing, and use every 4years. In this amendment, EPA is extending thereporting cycle, modifying the timing of.the submission period, further clarifying the new partial exemption for specific chemicals for which certain IUR data are oflow
current interest, amending the petroleum refinery process streams partial exemption, amending the list of

consumer and commercial product categories, revising the manner in which production volume would be reported, restricting reporting ofprocessing and

use information to domestic processing and use activities only, clarifying the polymer exemption definition, and removing a provision regarding the confidentiality ofproduction volume within specified ranges. DATES: This final rule is effective on January 18, 2006. ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA-HQOPPT-2004-0106. All documents inthe docket are listed onthe www.regulations.gov web site. (EDOCKET, EPA's electronic public docket and comment system was replaced on November 25, 2005,by an enhanced federal-wide electronic docket management and comment system located at http://www.regulations.gov/. Follow the on-lineinstructions.) Although listed in the index, some information is not publicly available, i.e., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will notbe placed

on the Internet and willbe publicly available only in hard copy form. Publicly available docket materials are available either electronically in EDOCKET or inhard copy atthe OPPT Docket, EPA Docket Center, EPA West, Room B102, 1301 Constitution-Ave., NW.,Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is (202) 566-1744, and the telephone number forthe OPPT Docket, * which is located inthe EPA Docket

Center, is (202) 566-0280. FOR FURTHER INFORMATION CONTACT: For generalinformationcontact:

ColbyLintner, Regulatory Coordinator, Environmental Assistance 

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### 75060 Federal Register/Vol. 70, No. 242/Monday, December 19, 2005 /Rules and Regulations

.Division(7408M), Office ofPollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 204B0- 0001; telephone number: (202) 554- 1404; e-mail address: TSCAHotline@epa.gov.

Fortechnicalinformationcontact: Susan Sharkey, Project Manager, Economics, Exposure and Technology Division (7406M), Office ofPollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460- 0001; telephone number: (202) 564- 8789; e-mail address: sharkey.susan@epa.gov.
SUPPLEMENTARY INFORMATION:

I. General Information

A. DoesthisAction ApplytoMe?

You may be potentially affected by. this action if you manufacture (defined by statute at 15 U.S.C. 2602(7) to include import) chemical substances, including inorganic chemical substances, subjectto reporting under the TSCA Inventory Update Reporting (IUR) regulations at 40 CFR part 710. Any use ofthe term "manufacture" in this document will encompass "import,"unless otherwise stated. Potentially affected entities may include, but are notlimited to:

Chemical manufacturers and importers, including chemical manufacturers andimporters of inorganic chemical substances (North American Industrial Classification System (NAICS) codes 325, 32411).

This listing is not intended to be exhaustive, but rather provides aguide forreaders regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The NAICS codes have been provided to assist you and others.in determining whether this action might apply to certain entities. To determine whether you oryour business maybe affected by this action, you should carefully examine the applicability provisions at 40 CFR 710.48. Ifyouhave
any questions regarding the applicability ofthis action to a particular entity, consult the technical
contact person listed under FOR FURTHER INFORMATION CONTACT.

B.How CanIAccessElectronicCopies ofthisDocumentandOtherRelated Information?

In addition to using EDOCKET (http:// www.epa.gov/edocket), youmay access thisFederal Register document electronically through the'EPA Internet under the "FederalRegister" listings at http://www.epa.gov/fedrgstr/.A frequently updated electronic version of 40 CFR part 710 is available on E-CFR Beta Site Two at http:// www.gpoaccess.gov/ecfr/.

II. Background

A. WhatAction is theAgency Taking?

Through this action, EPA is promulgating amendments to the IUR regulations that were proposed on January 26, 2005 (70 FR 3658) (FRL7332-2), taking into consideration
comments received on the proposed rule. The amendments to the IUR regulation that are contained in this final rule pertain to 40 CFR Part 710, Subpart C--Inventory Update Reporting for 2006 and Beyond. The following is

a brieflisting ofthe changes made to the IUR regulations viathis rule. These changes are described in more detail in Unit I.D., along with a summary ofthe
comments received and the Agency's
response to those comments.

First,EPA is amending 40 CFR 710.43, 40 CFR 710.46, 40 CFR 710.48, and'40 CFR 710.52 to change the reporting cycle from 4 years to 5 years.

Second, EPA is amending 40 CFR 710.53 to adjustthe dates ofthe submission period within which manufacturers and importers must report IUR data to EPA. For data required to be submitted in 2006, the submigsion period remains August 25 to December 23, 2006. Beginning in 2010 and for each subsequent submission period, the submission period will begin June 1 and end September.30. EPA is also clarifying the recordkeeping requirements by identifying that the 5- yearrecord retention period begins on the last day ofthe submission period.

Third, EPA is clarifying the partial exemption forpetroleum process streams and amending 40 CFR 710.46(b)(1) to add certain petroleum process streams to the listing.

Fourth, EPA is amending 40 CFR 710.46(b)(2) to add an explanation that, for the partial exemption for chemicals for which the IUR processing and use information is oflow current interest, petitions must include a written rationale for suggested additions ofa chemical to ordeletions ofa chemical from the list-ofpartially exempt chemical substances.

Fifth; EPA is further amending 40 CFR 710.46 to remove the references to the 1985 edition ofthe TSCA Inventory from paragraphs (a)(1)(i) and (ii).

Sixth, EPA is amending 40 CFR.. 710.52(c)(4)(ii)(A) to change the list of commercial and consumer product use categories by adding anew category. I Seventh, EPA is amending 40 CFR 710.52(c)(3)(iv) to require separate reporting ofmanufacture and import volumes.

Eighth, EPA is amending 40 CFR 710.52(c)(4) tolimit the reporting of processing and use information to domestic processing and use activities only.

Ninth, EPA is removing the provision regarding the confidentiality of production volume information within specified ranges (40CFR 710.52(c)(3)(v)).

B. Whatis theAgency'sAuthority for Taking thisAction?

EPA is required under TSCA section 8(b), 15 U.S.C. 2607(b), to compile and keep current an inventory ofchemical substances manufactured or processed in the United States. This inventory is known astheTSCA Chemical Substances Inventory (theTSCA Inventory). In 1977, EPA promulgated a rule (42 FR 645 7 2 December 23, 1977)' under TSCA section 8(a), 15 U.S.C. 2607(a), to compile an inventory of chemical substances in commerce at that time. In 1986, EPA promulgated the initial IUR regulation under TSCA .section 8(a) at 40 CFRpart 710 (51 FR 21438, June 12, 1986) to facilitate the periodic updating ofthe TSCA Inventory and to support activities associated with the implementation of TSCA. In 2003, EPA promulgated extensive amendments to the IUR regulation (68 FR 848, January 7, 2003) (FRL-6767-4) (2003 Amendments)'to collect exposure-related information associated with the manufacturing, processing, and use ofeligible chemical substances and to make certain other changes (Ref. 1).

TSCA section 8(a)(1) authorizes the EPA Administrator to promulgate rules under whichmanufacturers and processors of chemical substances and mixtures (referred to hereinafter as chemical substances) must maintain such records and submit such information asthe Administrator may reasonably require. TSCA section 8(a) generally excludes small manufacturers and processors ofchemical substances from the reporting requirements established in TSCA section 8(a). However, EPA is authorized byTSCA section 8(a)(3) to require TSCA section 8(a) reporting from small manufacturers and processors with respect to any chemical substance that is the subject of

arule proposed orpromulgated under TSCA section 4, 5(b)(4), or6, or that is the subject ofan order under TSCA section 5(e), or that is the subject of reliefthat has been granted pursuant to

a civil action under T.SCA section 5 or 7. The standard fordetermining whether

an entity qualifies as a small

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manufacturer forpurposes of40 CFR part 710 generally is found at40 CFR 704.3. Processors are not currently subject to the regulations at 40 CFR part 710.

C.-What istheInventory Update Reporting(IUR)Regulation?

The data reported pursuant to the IUR regulations are used to update the information maintained on theTSCA Inventory. EPA uses the TSCA Inventory and data reported under the
IURregulation to support many TSCArelated activities and to provide overall support for a number ofEPA and other federal health, safety, and environmental protection activities. The IUR regulations, as amended by the 2003 Amendments (Ref. 1), require U.S. manufacturers (including importers) of chemicals listed onthe TSCAInventory
to report to EPA every 4 years the identity ofchemical substances manufactured (including imported) during the reporting year in quantities of25,000 pounds or more atany single site they own orcontrol (see40 CFR part 710, subpart C). The IUR regulation generally excludes several groups of chemical substances.from its reporting requirements, i.e., polymers, microorganisms, naturally occurring chemical substances, and certain natural
gas substances (40 CFR 710.46). Persons manufacturing or importing chemical substances are required to report information such as company name, site location and other identifying information, productiori volume ofthe reportable chemical substance, and exposure-related information associated with the manufacture ofeach reportable chemical substance, including the physical form and maximum concentration ofthe chemical substance and the number ofpotentially exposed workers (40 CFR 710.52).

Manufacturers (including importers) ofchemicals in larger volumes (i.e., 300,000 lbs. ormore manufactured (including imported) during the reporting year at any single site) are additionally required to report certain processing and use information (40 CFR 710.52(c)(4)). This information includes
process oruse category, NAICS code, industrial function category, percent production volume associated with each
process oruse category, number ofuse sites, number ofpotentially exposed workers, and consumer/commercial information such as use category, use in

or on products intended for use by children, and maximum concentration.

Forthe 2006 submission period, manufacturers (includingimporters) of inorganic chemical substances willbe required to report for.the first time. However, forthe 2006 submission period only, manufacturers (including importers) ofinorganic chemical substances willbe partially exempt from reporting under IUR regulations, regardless ofproduction volume. A partial exemption means that a submitter is exempt from the processing and use reporting requirements described-in 40 CFR 710,52(c)(4). After the 2006 submission period, the partial exemption forinorganic chemicals will no-longer be applicable and submitters will fully report information on inorganic chemical substances, including information on processing and use (40 CFR 710.46(b)(3)). In addition, specifically listed petroleum
process streams and other,specifically listed chemical substances are partially exempt, and manufacturers of such substances are not required to report processing and use information during the 2006 orin any subsequent submission periods, for aslong as the chemical substances remain on these partial exemption lists(40.CFR 710.46(b)(1) and (b)(2)).

D. What ChangesareBeing Made by the Agency to theIUR regulation?
1. Whatchangesarebeingmadeto the chemicalsubstancescoveredby the IUR regulations?--a. Partiallyexempt petroleumprocessstreams.Certain petroleum process streams listed in40 CFR 710.46(b)(1) are exempted from

. additional reporting requirements under the IUR regulations forchemical substances manufactured inamounts of 300,000 lbs. or more. EPA is adding chemicals to this list and is clarifying EPA's intention concerning the scope of this partial exemption. Additionally, EPA proposed changing the name ofthis partial exemption from "petroleum
process streams" to "petroleum refinery
process streams" to clarify the types of covered substances. EPA received
comments whichindicated that the proposed change was misunderstood; EPA, therefore; at this time, is retaining the name "petroleum process streams."

EPA is amending the list ofpartially exempt substances by adding the following 25 petroleum refinery process streams, listedby CAS registry number: 67254-74-4,67891-81-0,67891-86-5, 68476-27-7,68477-98-5,68477-99-6, 68478-31-9, 68513-03-1, 68514-39-6, 73138-65-5,92045-43-7,92045-58-4, 92062-09-4,98859-55-3,98859-56-4, 101316-73-8,164907-78-2,164907- 79-3,178603-63-9,178603-64-0, 178603-65-1, 178603-66-2,212210- 93-0, 221120-39-4, and 445411-73-4. EPA also is adding the following two petroleum process streams listed by CAS registry number: 68919-16-4 and 61789-60-4. They were inadvertently leftoffthe initial partial exemption list establishedby the 2003 Amendments

The petroleum process stream partial exemption was established by the 2003 Amendments (Ref. 1). As described in the pr6afmble to the 2003 Amendments, EPA established the exemption based
upon expected exposures and uses of the listed chemical substances. In the 2003 Amendment preamble, EPA explained that these chemicals are frequently processed at the siteWhere they are produced invessels which are designed to minimize losses and, coincidentally, the potential forreleases and exposure. Also, inmany cases, the flammable nature of these products requires that they also be transported, processed, and stored inwell controlled vessels. For these reasons, EPA believed worker exposure to the chemicals termed "petroleum process streams" for
purposes ofIUR was diminished and thus IUR processing and use reporting

was notconsidered to be warranted at the time the 2003 Amendments were promulgated. The initial listing of chemical substances in 40 CFR 710.46(b)(1), was derived from the 1983 publication ofthe American Petroleum Institute (API)document entitled PetroleumProcessStreamTerms Includedin the ChemicalSubstances Inventory Underthe Toxic Substances ControlAct (TSCA) (API publication) (Ref.2).

In developing the proposed IUR Revisions rule,EPA consideredadding potential petroleum process streams, identified by API ashaving been added
to the TSCA Inventory since the 1983 publication was compiled, to the 40 CFR 710.46(b)(1) listing. As noted in the proposed rule, in order to determine which ofthese substances qualified as petroleum process streams, EPA applied the criteria embodied in the Agency's petroleum stream descriptions ' contained ifi EPA'sJanuary 1978 Addendum Ito the TSCA Candidate List ofChemical Substances, entitled GenericTerms CoveringP'etroleum RefineryProcessStreams(Addendum I) (Ref.3). Based on Addendum I,EPA described in the proposal the reasons why,several ofthe suggested chemical substances werenot considered to be petroleum process streams for IUR reporting purposes: (i) The chemical. substance consists ofa complex mixture ofone class ofhydrocarbons, e.g., all alkanes orall alkenes (with defined carbon number ranges) and aromatic hydrocarbons (withoutdefined carbon number range), which do not specify petroleum as a source material in the chemical name; (ii) the chemical substance is awell defined. 

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alkylbenzene, or is an alkylbenzene fractionation product or distillation residues. Alkylbenzenes are typical downstream petrochemical products that are made synthetically from benzene and paraffinic hydrocarbons in

a chemical process that does notnvolve refinery processing; (iii) the chemical substance includes the chemical modification terms sulfated, bisulfited, sulfurized, sulfonated, esters, and reaction products etc., are not substances produced within the scope ofpetroleum refining operations, but rather they are considered to be products from other chemical manufacturing processes; or (iv) the chemical substance is derived using a chemical process (a Fischer-Tropsch process) from anon-petroleum source (Refs. 1 and 4).

There is one pointregarding the petroleum process stream exemption that EPA wishes to clarify. Inthe proposed rule, EPA stated that the decision criteria used to develop both the initial list in 40 CFR 710.46(b)(1) and the then-proposed additions were applied in a consistent manner. The API document, used to compile the initial list, and EPA's Addendum I, used to compile.today's additions, do vary in approach. The API document includes a number ofsubstances that would not be included as petroleumprocess streams in Addendum I.For instance, the API publication contained individual light hydrocarbons and related gases (Class I substances) which were notidentified in Addendum I. EPA intends to revisit the list in 40 CFR 710.46(b)(1) after the 2006 reporting cycle to ensure that all chemicals listed are consistent with Addendum I.

The Agency received many comments,

on the proposed changes to the petroleum process streams partial exemption. Ingeneral, the commenters supported adding chemicals to the partial exemption'chemical list. One
commenter felt that EPA's proposed change inthe name ofthe partial exemption to "petroleum refinery process streams" was constricting. Another commenter stated that the scope ofthe proposed change excludes

a variety ofsubstances that are infact petroleum process streams produced in

a refinery.

EPA is notpromulgating the name change and willretain "petroleum process streams" to describe the partial exemption. EPA's inclusion ofthe term "refinery" was intended to indicate that the streams were refining streams and to make the title consistent with terms used in EPA's Addendum I document. This name change was not intended to affect the stope ofthe partial exemption nor was it intended to restrict substances to only those produced at a refinery. Although EPA acknowledges that petroleum process streams can be manufactured outside ofa refinery, the Agency also notesthat some substances produced in a refinery are petrochemicals and do notqualify as petroleum process streams.

Two commenters highlighted EPA's
statement that "Qualifying petroleum process streams are produced only in a petroleum refinery, are further refined at the same site, and are processed and used in closed equipment, or are used

asfuVl." 70 FR 3662. According to these commenters, limiting the scope ofthe partial exemption to petroleum refineries was inappropriate because certain chemicals are produced in ' closed systems at production facilities other thanrefineries, in a manner similarto their production at refineries. One ofthe commenters stated that denyingthe,partial exemption to all except petroleum refineries violates the Paperwork Reduction Act (PRA) and offers a competitive advantage to refineries. One commenter requested that, ifEPA implements its proposed definition ofpetroleum process streami

as a substance produced only in a petroleum refinery, further refined at the same site, and processed and used in closed equipment or used as fuel, the Agency should acknowledge that the definition is not intended for any purpose other than for identifying partially exempt chemicals forthe IUR regulation.

The statement concerning qualifying petroleum process streams was included in the discussion describing the Agency's decision concerning whether

or notto list certain substances suggested by the API.EPA didnot intend the proposed change to alterthe
status ofchemicals currently on the list

nor did EPA intend to change the exemption to be based upon the location
at which a substance is manufactured. A chemical substance listedby CAS Registry Number (CASRN) at'40 CFR 710.46(b)(1) is exempt from reporting requirements of40 CFR 710.52(c)(4), unless the substance is ineligible because ofexceptions noted in the introductory text of 40 CFR 710.46. For example, one ofthe commenters noted that calcined petroleum coke (CASRN 64743-05-1) can be manufactured either in a petroleum refinery or in another type offacility. This substance, since itis listed by CASRN at40 CFR 710.46(b)(1), is exempted from reporting IUR processing and use information regardless ofwhere itis manufactured. Therefore, refineries are not receiving anycompetitive advantage over other manufacturers ofthese chemicals. As recognized by the commenters, EPA stated that qualifying petroleum process streams areproduced only in a petroleum refinery. In light ofthe confusion identified by the comments, and to recognize that qualifying , petroleum process streams may occur outside ofa petroleum refinery, EPA is

now stating that qualifying petroleum
process streams to be added in 40 CFR 710.46(b)(1) are produced within the
scope ofpetroleum refining operations. Additionally, while EPA did not define the term "petroleum process stream" in its proposal, the Agency agrees that the discussion included in the proposed revisions preamble is intended solely for reporting under the IUR regulations.

b. "Low currentinterest"partial exemption.40 CFR 710.46(b)(2) exempts manufacturers (including importers) of certain chemical substances from reporting processing and use " information under 40 CFR 710.52(c)(4) ifEPA has determined that ithas a "low
current interest" inthe IUR processing and use information for that chemical substance. The public may request EPA
to add a substance to, or remove a substance from, the list ofchemicals partially exempt from reporting by submitting a petition that addresses the considerations setforth in 40 CFR 710.46(b)(2)(ii).

Inthe proposed rule, the Agency sought to clarify the process for petitioning EPA to add a chemical to, or

remove it from,the list at 40 CFR 710.46(b)(2)(iv). The revisions were intended to more clearly state that the burden is on the petitioner to demonstrate that the collection of information on the production and use ofthe chemical substance is oris not of low current interest. The proposed rule also clarified that itis the petitioner's

. obligation to address the considerations
set forth in § 710.46(b)(2)(ii) by providing sufficient information,- -includingdocumentation and relevant citations to supporting information. In addition, the proposed ruleAtered the consideration of whether a chemical substance was adequately managed by broadening it to include entities other than Federal agencies. (See 70 FR3658).

Many persons commented that the proposed change would clarify the requirements for a petition for partial exemption under the IUR regulations and supported the change. In addition,

one person commented that the proposed changes support the continued consideration ofthe totality ofinformation available on achemical in deciding to grant or deny a partial exemption. EPA is finalizing the

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changes to this partial exemption as proposed.

Several comments addressed issues beyond the Agency's proposed actions, advocating substantive changes to the partial exemption. For example, two persons believed that EPA should provide additional certainty to the exemption process. Another commented that, while a formal risk assessment was not needed, review ofrequests for partial exemption mustbe objective. This commenter supported adelisting
process that incorporated the criteria used for exempting petroleum streams, described by the commenter as exempting intermediates processed in closed equipment orburned as fuels. Another commenter suggested adding additional criteria which promoted pollution prevention and resource recovery and ongoingprograms ofother offices within EPA. Finally, one commenter advocated removing the partial exemption process entirely. EPA intends to further consider these suggestions concerning the "low current interest" partial exemption. Ifchange is warranted, EPA will initiate a separate rulemaking.

2. Howis thisrulechangingthe data elementsreportedby allsubmitters?--a. Productionvolume reporting. EPA is requiring that domestic production volume data be reported separately from import volume data. Prior to the 2003 Amendments, submitters were required
to report the domestically manufactured volume data separate from the imported volume data for each reportable substance. With the 2003 Amendments,
persons manufacturing and/or importing areportable chemical substance were required to aggregate the
amounts ofa chemical imported and manufactured domestically and to report the total. In the proposed rule, EPA suggested a return to the previous method ofreporting data on manufactured volumes separately from imported volumes. EPA explained that itis frequently useful to distinguish between the volume ofa chemical manufactured inthe United States and imported into this country to understand thenature ofchemical production in the United States, characterize the markets forchemicals, and assess potential exposures during importation and domestic manufacture ofchemical substances (See 70 FR 3658).

Several persons who commented on the proposed rule agreed with the proposed change. One persoi noted that separate reporting ofthe manufactured and imported volumes for chemical substances will allow the Agency to separately evaluate manufacturing and. import activities and assist the Agency in characterizing exposures to these chemical substances. EPA concurs with these observations and is promulgating the proposed change.

b. Production volume range confidentiality claims.EPA is removing the requirement that submitters who claimproduction volume asTSCA confidential business information (CBI)
mustindicate whether they are also claiming a specified range within which the production volume falls as confidential (40CFR 710.52 (c)(3)(v)).

EPA received 11 comments on the proposed removal ofthe requirement that submitters indicate whether ornot production volumes submitted inranges should be treated as CBI. While one commenter supported this change, the others opposed it. Commenters that opposed the change expressed concern that such a change would decrease the protection ofCBI, and several proposed that EPA simply adjustthe ranges that it usesto publicly release aggregated production volume data to match those ofthe IUR regulation.

EPA believes that many of the objections to this proposed change result from amisunderstanding ofEPA's intent in removing this requirement. As

ageneral matter, EPA releases IUR production volume range information for achemical only after aggregating the data across all reporting sites. In the 2003 Amendments, EPA included a provision requiring each IUR submitter
to report whether its production volume, when considered in arange specified in § 710.52(c)(3)(v), should be treated as CBI. This amendment was included in the 2003 final rule as part ofan effortto make available to the public site- and chemical-specific production volume range information from the IUR that was not claimed as CBI.

Upon consideration ofvarious public
comments and internal discussion, the Agency has decided that a submitter
may no longer claim as CBI a specified production volume range that corresponded to the submitter's sitespecific production volume data. Submitters willbe able to continue to claim their actual production volume as CBI. EPA's decision notto allow confidentiality claims forthe standardized production volume ranges in 40 CFR 710.52(c)(3)(v) is based on several concerns, most importantly issues inherent inreleasing both aggregated data and site-specific production volumeranges. Because of this difficulty, the Agency has determined that this provision regarding the confidentiality ofproduction volume information within specified ranges is not likely to result in greater availability ofproduction volume information to the public, which was the goal ofthis data element as expressed inthe 2003 Amendments (Ref. 1). Additionally, several
commenters suggested that EPA should
not release these standardized production volume ranges. Itis important to note that,by this change, EPA is notpresuming consent to release these production volume ranges for sitespecific production volume ranges or otherwise lessening any CBI protections. Any production volume information released to the public willbe in the form ofproduction volume data that is aggiegated and ranged.

3. Howhave thedataelements reportedonlybylarger production volume manufacturers changed?--a. Reportingprocessinganduse information fordomesticactivitiesonly. Persons manufacturing 300,000 lbs. or

more of areportable chemical substance

were required to report processing and

use information forthat chemical substance to the extent that the information is readily obtainable. EPA is restricting the processing and use information reported under 40 CFR 710.52(c)(4) to domestic processing and

use activities fortwo reasons. First,EPA is primarily focused on exposures to chemical substances resulting from domestic processing and use ofthe chemicals. Second, EPA anticipates that restricting the processing and use information that must bereported by larger production voluie manufacturers
to that associated witli dinestic activities will reduce theburden associated with reporting this information. The Agency estimates that the average burden forreporting the IUR processing and use information is reduced by about 15%, resulting in a total savings of approximately $8 million perreporting period (Ref. 5).

Many commenters supported limiting reported processing and use information
to that associated with domestic activities. Those commenters supported this proposal as narrowly tailored to satisfy the Agency's data needs while reducing the burden on entities subject
to reporting under the IUR regulations. They noted that chemicals sold in international commerce are frequently distributed through brokers and as a consequence the information on processing and use ofexported chemicals is, intheir view, not readily obtainable. In addition, the commenters stated that information from foreign

sources may be less easily verified and therefore could reduce the accuracy of the data collected. Oneperson commented that tracking the processing 

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and use ofdomestically manufactured volumes separately from exported volumes would require separate tracking systems and would increase the burden associated with larger production volume manufacturers' reporting under the IUR regulations. EPA anticipates that, formost submitters, limiting the reporting of processing and use information to that associated with domestic activities will decrease the burden associated with reporting under the IUR regulation. For these reasons, EPA is finalizing the proposal to restrict information reported inresponse to 40 CFR 710.52(c)(4) to domesticprocessing and use of chemical substances.

b. Consumerandcommercialproduct categories. Persons manufacturing 300,000 lbs. or more ofa reportable chemical substance must report the commercial and consumer product category orcategories thatbest describe the commercial and consumer products inwhich each reportable chemical substance is used (see 40 CFR 710.52(c)(4)(ii)(A)). EPA proposed the following changes to the list of categories:

(i)Combine the categories for "Soaps and Detergents" and "Polishes and Sanitation Goods" to form a new category called "Cleaning Products (non-pesticidal)."
These two categories are quite similar and this change was intended to assist submitters who might have difficulty differentiating between them. EPA believed that both categories relate, at least to a certain extent, to cleaning goods. EPA is not'finalizing this proposed change.

EPA received comments supporting the consolidation ofthese two categories; however no specific reasons

were provided fortheir support. EPA also-received a comment stating that combining these categories willresult in

a loss ofinformation. The latter commenter, Environmental Defense, et.al., (ED)provided specific information on the "Soaps and Detergents" and "Polishes and Sanitation Goods" categories, noting that these categories have-distinct sixdigitNorth American Industry Classification System (NAICS)codes and showing that these categories are readily distinguishable from each other. EPA found the same information provided byED atthe following U.S. Census Bureau's web site: http:// www.census.gov/epcd/naicsO2/def/ NDEF325.HTM#N3256.The website defines "soaps and detergents" and- "polishes and sanitation goods" by further breaking those categories into

more distinct subcategories, demonstrating that there arereal differences between thosetwo categories. For instance, "Soaps and Detergents" contains bar soaps manufacturing; dentifrices manufacturing; dishwasher detergents manufacturing; hand soaps (e.g., hard, liquid, soft) manufacturing; toothpastes, gels, and toothpowders manufacturing; and other categories. "Polishes and Sanitation Goods" contains air fresheners manufacturing; ammonia, household-type, manufacturing; brass polishes manufacturing; floor polishes and Waxes manufacturing; shoe polishes and cleaners manufacturing; wallpaper cleaners manufacturing; and other categories. Please note that, as described in the preamble to the 2003 Amendments, submitters under the IUR will notbe required to report on nonTSCA downstream uses ofthe TSCA chemicals that they manufacture (See 68 FR 871, Unit IIl.B.3.b.),

.

Additionally, ED stated that "the two different types ofuses may have significant implications for exposure patterns. For example, the former category primarily includes products that many people would use several times a day, while the latter includes products that most consumers would

use considerably less frequently" (Ref. 6). EPA more carefully considered the way inwhich it would utilize these categories in a screening-level exposure assessment. Whilethere are products in the "Polishes and Sanitation Goods" category that could be used on a daily basis in similar quantities as products in the "Soaps and Detergents" category, there are also products withvery different use scenarios. For instance, EPA has developed default scenarios in the Agency's screening level Consumer Exposure Module, which is embedded into the Agency's Exposure, Fate Assessment Screening Tool (E-FAST) (seehttp://www.epa.gov/opptintr/ exposure/docs/efast.htm),forlaundry detergent (inthe "Soap and Detergent" category) and for solid air fresheners (in the "Polishes and Sanitation Goods" category). These use scenarios are different from each other and therefore would generate different potential exposure results. Therefore, based upon

a further analysis ofthe NAICS Index Entries and EPA's screening models, EPA has decided notto combine the two categories and will maintain separate reporting cate.gories for "Soaps and Detergents" and "Polishes and Sanitation Goods."

(ii).Add a category called "Agricultural Products (nonpesticidal)'." Comments addressing this addition were all favorable, and EPA is finalizing the addition ofthis category. Withoutthis category, agricultural uses ofchemicals would have been reported under the miscellaneous "Other" category.,

One commenter requested a definition for "non-pesticidal," which is used in the "Agricultural Products" category as well as the existing "Lawn and Garden Products (non-pesticidal)" category. For guidance as to what substances are considered to be "pesticides" and information as to whatuses are considered to be pesticidal uses, refer to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) definition of "pesticide" (7U.S.C. 136(u) orFIFRA section 2(u)), which generally defines the term as "(1) any substance or mixture ofsubstances intended for preventing, destroying, repelling, or mitigating any pest, (2) any substance or mixture of substances intended for use

as a plant regulator, defoliant, or desiccant, and (3) any nitrogen stabilizer..." Ifthe subject persons find that the agricultural or lawn.and garden product on which they are reporting does not meetthe definition under FIFRA section 2(u), theirproduct will fall into the "Agricultural Products (noti-pesticidal)" or the "Lawn and Garden Products (non-pesticidal) category.

(iii)The Agency had also proposed removing the category "Photographic Chemicals," due to the expected decline inthe traditional film photofinishing industry, which indicates'that consumer/commercial exposure issues associated with photographic chemicals maybe ofdiminished importance. Six
commenters stated their general support ofchanges.made to the commercial and

consumer product categories, although

no commenter specifically mentioned photographic chemicals orprovided any specific reason for their support. One
comment supported maintaining the "Photographic Chemicals" category, stating that anyburden associated with the reporting ofa category covering uses that are less prevalent over time oughtto also decline, and that there are indications of arelatively stable remaining core offilm users and therefore the associated chemicals will continue to be used. Upon further investigation; EPA has decided to maintain this category. According to several industry sources, despite the displacement ofanalog photography by digital imaging, U.S. consumption of film and paper chemicals is projected to remain relatively stable. Included in this category are many substances that have

a role in digital as well as analog imaging. Also, toners and resins for copiers included inthis category are continuing to inc5rease involume. Thus, while specific types ofphotographic

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chemicals.may decrease inuse, it seems unlikely that use ofchemical substances in the "Photographic Chemicals" category as a whole will drastically decrease, as EPAoriginally thought (Ref. 7).

4. Whatotherchangesarebeing made?--a.Reporting frequencyand recordkeeping.The IUR regulations require reporting every 4 years. The first submission period to occur after the 2003 Amendments willbe in2006, at which time submitters willreport information based on the 2005 reporting
year. EPA proposed to change the reporting frequency so that, after the '2006 submission period, the reporting frequency willbe every 5years instead ofevery 4 years. This means that the second submission period after the 2003 Amendments wouldbe 2011 (i.e., 5
years after 2006) and would then occur every 5 years thereafter. The reporting
yearwould continue to occur in the calendar year immediately preceding the submission period, i.e., 2010, 2015,
etc.

EPA received avariety ofcomments

on the proposed change to the IUR reporting cycle from every 4 years to every 5 years. Several companies and trade associations supported this extension to the reporting cycle. Those who supported the change generally recognized that the extended reporting cycle would result inburden reduction, particularly in the wake ofthe amended reporting requirements promulgated in 2003 (68 FR 848, January 7, 2003), while agreeing that the extended reporting cycle would still meet EPA's data needs. Certain commenters correctly understood that the extended cycle would allow inorganic chemical manufacturers to become familiarwith IUR reporting (which willbe required for inorganic chemical substances for the firsttime as ofthe 2006 submission period)before havingto report processing and use information during submission periods after 2006. One
company indicated that, although it was supportive ofchanging from a4-year to

a 5-year reporting cycle, such a change wouldnot resultin a reduced (or increased) burden to industry because the 4-year reporting cycle has been in effect for some time, and companies have this frequency integrated into their regulatory compliance calendars.

Other commenters did not support the proposed change inreporting frequency. A group of organizations and individuals indicated that reporting
every 5 years will not meet the Agency's and others' critical data needs. They suggested that the large fluctuation in the universe ofhigh production volume chemicals from 1990-2002 indicates a need for more frequent, rather than less frequent, reporting, and they also provided an analysis ofpublicly available IUR information to bolster the assertion that the chemical industry is dynamic and that production volumes change dramatically overthe 4 years between reporting cycles. These
commenters suggested that annual reporting ofproduction volume data would be more appropriate, but ifEPA chose notto require annual reporting of this data, it should require the reporting ofyearly production volume data every 5 years. They also recognized thatEPA bases many ofits actions on information reported under the IUR regulation, and contended that more accurate reporting will lead to betterrisk management ata lower cost.

EPA intends toconsider further the suggestion to adopt aprovision requiring persons to report their annual production volumes for each ofthe 5
years preceding the submission period. Ifthe reporting ofannual volumes
appears to be an appropriate change to the IUR regulations, EPA may initiate a separate rulemaking.

EPA recognizes that more frequent reporting could track more closely the actual amounts ofIUR reportable chemical substances manufactured (including imported) in the U.S. In this rule, the Agency is incorporating its proposed change to IUR reporting frequency in an effort to reduce burden
to industry while still meeting the Agency's basic information needs. The Agency believes that reporting every 5 years will meet EPA's most critical needs, particularly given that the information that willbe reported under the newly amended IUR will be significantly more useful for exposure and risk screening purposes than the information that was reported under IUR inthe past.EPA also agrees that the extended reporting cycle will allow increased time forindustry (particularly inorganic chemical manufacturers) to learn how to comply with the amended IUR, and mayresult in submissions with fewer errors.

EPA disagrees With the cdnment that the change from a4-year reporting cycle
to a 5-year reporting cycle does not affect industry burden. Over a 20.year period, a 5-year frequency results in 4 submission periods while a4-year frequency results in 5 submission periods. As aresult ofrequiring one less submission period over the course of 20
years, EPA estimates that a 5-year frequency will saveregulated entities from $59.3 to $75.7 million over 20 years at a 3% discount rate (about a 16% reduction), and from $41.2 to $52.6 million over 20 years at a 7% discount rate (Ref.5), and would still meet EPA's
most critical data needs..

Currently, submitters are required to retain records relevant to reporting during asubmission period for a period of 5 years beginning with the effective date ofthat submission period. EPA is clarifying this requirement by changing "beginning with the effective date" to "beginning on the last day" ofthat submission period (i.e., for a submission period ending December 23, 2006, submitters would be required to retain records relevant to that submission until December 23, 2011). EPA is also adding

a sentence to the recordkeeping provisions to encourage submitters to retain records longerthan 5 years to

ensure that past records are available as

areference when submitters are generating subsequent submissions.

One commenter noted that,under the
current IUR regulations, persons submitting their information at the beginning ofthe submission period rather than atthe end willhave to review theirrecords twice, once in preparation for making the submission and then again forrecords retention purposes at fhe end ofthe submission period. The commenter stated that this could result in submitters who report early inthe submission period keeping all IUR records from two submission periods for aperiod oftime, even ifthe submitter determines the older records

are not necessary to help guide subsequent reporting. The commenter suggests that to reduce burden and
encourage early reporting, the required period for record retention be changed from 5 years from the last day ofthe submission period to "5 years oruntil the date oftheir next IUR submission to EPA, whichever is'less." In addition to the submitter havingits past records to refer to, EPA proposed the change from "beginning with the effective date" to "beginning on the last day" ofthe submission period to clarify the records retention requirement. EPA is concerned thatfollowing the commenter's suggestion would result in

a lack ofclarity concerning what date is considered the date ofsubmission or when the 5-year period begins. Additionally, EPA suspects that most submitters review past submissions well before submitting their information to EPA. A submitter canidentify records it

no longer findsuseful atthe time of review forthe current submission and will easilybe able fo later identify those records. EPA does notrequire that a submitter destroy records by a certain date, and believes the method and timing of such an action is entirely up to the submitter, as long as the IUR 

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regulations record retention requirement is met.

b. Submissionperiod.Under the
current IUR rule, submitters are required to report on a recurring basis every 4 years, and that report is required
to be submitted to EPA dufing the period ofAugust 25 through December 23 in the year immediately following eachreporting year. In today's action, forthe submission period in 2006, EPA is retaining August 25 through December 23 as the submission period, but for future submission periods beginning in 2011 and thereafter, the submission period willbe moved up to June 1through September 30. This

means that inthe next submission period in 2011, submitters are required to submit reports between June 1 and September 30, 2011.

In the proposed rule, EPA solicited
comment on its proposal to move the submission period toJanuary 1through April 30 ofthe.year following the reporting year. The 2003 amendment to the IURregulation also changed the reporting year from the company's fiscal
year to the calendar year beginning in 2005. Therefore, all ofthe information required to be submitted to EPA should be available early in 2006 forall companies. Moving the submission period to earlier inthe calendar year would allow the Agency to obtain and process the information in a more timely manner, and therefore make the information available for use closer in time to the period in which it was generated.

The Agency received many comments

on its proposal to move the submission period to a point earlier in the year. The majority ofcommenters opposed the change to the submission period, stating:

(1)The proposed submission period ofJanuary 1to April 30 coincides with the time when many other reports must be filed, and the current period (August 25through December 23) works well allowing reporting companies time to generate accurate data. A trade group indicated that all ofits members surveyed reported to the IUR in December.

(2)It is unreasonable forEPA to shorten the submission period in light ofthe increased reporting requirements enacted by the 2003 Amendments to the IUR. Inorganic chemical producers, who willbe reporting for the first time under the IUR regulation in 2006, feltthat adjusting to the reporting requirements would take considerable time. Most suggested that respondents will struggle
to collect the required data intime. Firms reporting on a large number of chemicals were ofthe opinion that the complexity oftheir reporting would make meeting the April 30 deadline difficult due to obligations of other forms ofregulatory dompliance occurring early inthe calendar year. Importers pointed outthe complexity of their situation, especially because they will often have to rely on Customs Entry forms that canbe delayed up to 30 days.

(3)Numerous other EPA reporting programs require reporting in the first halfofthe year, such as the Toxics Release Inventory (TRI), as do other
state and federal environmental programs. This would strain staffresponsible for reporting, and lead to inaccuracy. Some commenters identified 'approximately 30 additional federal, state and localreporting
programs that require their attention. Other commenters stated that they believe the coordination ofthese IUR and TRI reporting deadlines may encourage submitters to coordinate their data collection processes.

(4) Several persons commenting on the proposal believed that delaying the reporting until later in calendar year 2006 would improve the accuracy ofthe information reported. These persons pointed out that import notifications are often delayed byup to 30 days after the chemical is imported thereby reducing the time available to incorporate this information into IUR reporting. In addition,those firms whose byproducts

are either beneficially reused or disposed as wastes will need additional time to report because the determination ofbeneficial use may be made months after the byproducts are manufactured.

(5)Requiring accelerated submissions based on "timeliness" ofthe data is inconsistent with EPA's proposal to extend the reporting cycle from 4 to 5 years because a delay ofseveral additional months is insignificant when compared to the extension ofthe reporting cycle by an additional year. Some commenters pointed out that by waiting an extra few months,EPA would collect more accurate data. One
commenter questioned EPA's rationale for moving up the submission period to better coincide with the change ofthe reporting year from the -fiscalyear to the calendar year. This commenter suggested that EPA's reasoning was

erroneous because manybusinesses, in their experience, had fiscal years ending significantly before July and therefore, for those companies, the period to * prepare and submit IUR reports has been reduced from approximately Iyear (for companies with afiscal year coinciding with the calendar year) to only 4 months.

(6) Almost all ofthe'commenters objected to the change in the submission period for the 2006 reporting cycle. Based on the comments, EPA believes these objections are due to the commenter's unfamiliarity with the new requirements imposed by the amended
IUR regulations. Many commenters mentioned that EPA guidance for the 2006reporting period is not yet available (though several mentioned and appreciated that EPA was conducting IUR training), noted that EPA's

- electronic reporting program'for 2002

was flawed, and questioned whether the 2006 materials would be ready in time
to be adequately tested before reporting is required. Others stated that they were already planning IUR informationgathering activities around the AugustDecember timeframe.

Most commenters, while preferring that EPA retain the current submission period, suggested alternatives. These included deadlines ofOctober 31, August 31, July 1 (to coincide withTRI reporting), and May 1, and a submission period from July 1through October 31.

In response to the many objections to the proposed change to the submission period, EPA has reconsidered its proposal to move the submission period
to January 1through.April 30.The proposed change was not intended to place additional burdens on industry, butto remove an unnecessary delay in collecting the IUR data. In light ofthe commenters' concerns about their ability to collect accurate data in a timely fashion and submit them during the proposed submission period, EPA will maintain the current submission period ofAugust 25 through December 23 for the 2006 reporting cycle, and switch to aJune 1through September 30 submission period for all future reporting cycles beginning in 2011. Recognizing that companies may have alreadybegun planning data collection activities around the August to December submission period forthe 2006 reporting cycle, and that the data collection will include nev requirements resulting from the 2003 Amendments, EPA recognizes that altering the 2006 IUR submission period
at this time could be overly burdensome
to some reporters. Beginning in 2011, and forall future reporting cycles

. thereafter, EPA believes that theJune 1 through September 30 submission period balances industry's needs in collecting the data with EPA'i desire to begin analyzing the data in a timely

manner.

c. Polymerexemption. Chemical substances meeting the definition for polymers included in 40 CFR 710.46(a)(1) are fully exempt from reporting under the IUR regulations. EPA is changing thereferences included

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inthe polymer definition from the "1985 edition ofthe Inventory or the Master Inventory File" to the more general and current "Master Inventory File" by removing the reference to the 1985 edition ofthe Inventory. The Master Inventory File has beenregularly updated since the 1985 edition ofthe Inventory was published, and is the

more appropriate reference foruse within the IUR polymer exemption. All who commented on this subject agreed with this change, and EPA is finalizing the definition as proposed.

III.Materialsin the Rulemaking Record

An official docket was established under docket IDnumber EPA-HQOPPT-2004-0106. The official public docket includes information considered by EPA in developing this final rule, such asthe documents specifically referenced in this action, any public
comments received, and other information related to this action. In addition, interested parties should consult documents that are referenced inthe documents that EPA has placed in the docket, regardless ofwhether these referenced documents are physically located inthe docket. For assistance inlocating documents that

arereferenced in documents that EPA has placed in the docket, but that are not physically located in the docket, please consult the technical person listedunder FOR FURTHER INFORMATION CONTACT. The official public docket is available for review-as specified in ADDRESSES. The following is a listing of the documents referenced inthis preamble that have been placed in the official docket forthis final rule:-

1. USEPA, "TSCA Inventory Update Rule Amendments" (68 FR 848, January 7,2003) (FRL-6767-4).

2.American Petroleum Institute, "Petroleum Process Stream Terms Included in the Chemical Substances Inventory Underthe Toxic Substances Control Act (TSCA)," Health and Safety Regulation'Committee Task Force on Toxic Substances Control, February 1985.

3. USEPA, "Toxic Substances Control Act (TSCA)PL 94-469 Candidate List of Chemical Substances Addendum I Generic Terms Covering Petroleum Refinery Process Streams," January 1978.

4. USEPA, "Technical Support Document Inventory Update Reporting Rule Petroleum Process Stream Partial Exemption Added Petroleum Process Chemicals" OPPT, April 17, 2004. Revised, July 6, 2005.

5.USEPA, "Economic Analysis ofthe IUR Revisions Final Rule," Office of Pollution Prevention and Toxics, July 2005.

6. Comment from Denison, Richard A., Environmental Defense, on Comments on Proposed Rule, TSCA Inventory Update Reporting Revisions (70 FR 3658, 26 January 2005). Submitted via EDOCKET on 18 February, 2005.

7.USEPA, "Summary of Information

onPhotographic Chemicals," Office of Pollution Prevention and Toxics, July 2005.
IV. StatutoryandExecutive Order
Reviews

A. Executive Order12866

Under Executive Order 12866, entitled RegulatoryPlanning and Review (58 FR 51735, October 4, 1993), the Office ofManagement and Budget (OMB) has determined that this action is not a "significant regulatory action" subject to review by OMB because it does not meet the criteria in section 3(f) ofthe Executive Order.

EPA has prepared an economic analysis ofthe potential impacts ofthis action, which is contained in a document entitled EconomicAnalysis of theIUR RevisionsFinalRule (Ref. 1). T,his document is available as a.part of the public version ofthe official record forthis action and is briefly summarized here.

These revisions willreduce IUR reporting costs. The quantified portions ofthe rule are estimated to save $6 million to $7 million peryear when annualized over the next 20years at a 3% or a 7% discount rate. Most ofthe savings ofthese revisions will accrue to the chemical industry inthe form of decreased costs ofcomplying with the IUR regulations. There will also be some savings to EPA in the form ofdecreased
costs to administerthe regulation and maintain the collected data.

B. Paperwork ReductionAct According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor,.and aperson is not required to respond to acollection ofinformation that requires OMB approval under the PRA, unless it hasbeen approved by OMB and displays a currently valid OMB control number. The OMB control numbers forEPA's regulations, after initial display in the Federal Register and in addition to its display on any related collection instrument, are listed in40 CFR part 9.

The information collection requirements related to the*IUR regulations have already been approved by OMB pursuant to the PRA under OMB control number 2070-0162. This action would notimpose any burden requiring additional OMB approval. Instead, this action would reduce reporting burden by 113,000 to 123,000 hours inthe 2006 reporting cycle and 112,000 to 121,000 hours in subsequent reporting cycles. This reduction is out of

atotal burden of 1,300,000 to 1,658,000 hours in the 2006 reporting cycle, and 1,189,000 to 1,516,000 in future reporting cycles.

Send any comments about the
accuracy ofthe burden estimate, and
any suggested methods for minimizing respondentburden, including through the use ofautomated .collection techniques, to the Director, Collection Strategies Division (2822), Office of Environmental Information, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please remember to include the OMB control number in any correspondence, but do not submit any completed forms to this address.

C.RegulatoryFlexibility Act
Pursuant'to section 605(b) ofthe Regulatory Flexibility Act (RFA) (5 U.S.C. 601 etseq.), the Agency hereby certifies that this action willnot have a significant adverse economic impact on

a substantial number ofsmall entities. The factual basis for the Agency's determination is summarizedbelow.

The term "small entities" includes small businesses, small not-for profit organizations, and small governmental jurisdictions, but because not-for-profit organizations and governmental jurisdictions will not be affected by this rule, "small entity" inthis analysis is
synonymous with small business.

Small manufacturers that fully meet the 40 CFR 704.3 definition are generally exempt from reporting under the IUR regulations, and thus are not significantly impacted by IUR reporting. Nevertheless, thisrulemaking is expected to reduce IURreporting costs for businesses ofall sizes. Thus, EPA concludes that these revisions will not result in significant adverse effects on a substantial number ofsmall entities.

D. UnfundedMandatesReformAct

Pursuant to Title II ofthe Unfunded Mandates Reform Act of 1995 (Public Law 104-4) (UMRA), EPA has determined that this regulatory action does not contain a Federal mandate that
may result in expenditures of$100 million ormore for state, local, and tribal governments, inthe aggregate, or for the private sector in any 1year. As described inUnit IV.A., the rule is expected to decrease expenditures by $6 million to $7 million per year. EPA has 

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also determined that the rule would not significantly oruniquely affect small governments and is not subject to the requirements of sections 202, 203, 204, and 205 ofUMRA.

E.Executive Order13132

This rule will not have a substantial direct-effect on states, on the relationship between the national government and the states, or on the distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132, entitled Federalism(64 FR 43255, August 10,. 1999).

F.Executive Order13175

This rule will nothave tribal implications because itis not expected
to have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian tribes,

as specified inExecutive Order 13175, entitled Consultationand Coordination withIndianTribalGovernments(65 FR 67249, November 6, 2000).

G.Executive Order13045

This action is notsubject to Executive Order 13045, entitled Protectionof Children from EnvironmentalHealth Risks andSafetyRisks (62 FR 19885, April 23, 1997), because this is not an economically significant regulatory action as defined by Executive Order 12866, and this action does notaddress environmental health or safety risks disproportionately affecting children.

H. Executive Order13211

This action is not subject to Executive Order 13211, entitledActions Concerning Regulationsthat Significantly Affect EnergySupply, Distribution, or Use (66 FR28355, May 22, 2001), because this action is not expected to affect energy supply, distribution, oruse.
L NationalTechnology Transfer AdvancementAct

Sincethis action does not involve any technical standards, section 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note), does not apply to this action.

J. Executive Order12898

This action does not involve special considerations ofenvironmental justice related issues as required by Executive Order 12898, entitled Federal Actions to AddressEnvironmental justicein MinorityPopulations andLow-Income Populations(59 FR 7629, February 16, 1994).

K.Executive Order12988

In issuing this rule, EPA has taken the necessary steps to eliminate drafting

errors and ambiguity, minimize potential litigation, and provide aclear legal standard for affected conduct, as required by section 3 ofExecutive Order 12988, entitled CivilJusticeReform (61 FR 4729, February 7, 1996).

V. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore arule may take effect, the Agency promulgating the rule must submit arule report, which includes a copy ofthe rule, to each House ofthe Congress and the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior to publication ofthe rule in the Federal Register. This rule is not a "major rule" as defined by 5 U.S.C. 804(2).

List ofSubjects in 40 CFRPart 710

Environmental protection, Chemicals, Hazardous materials, Inventory Update Reporting, Reporting and recordkeeping requirements, TSCA.

Dated: December 5,2005. Susan B.Hazen, ActingAssistantAdministrator, Officeof Prevention, PesticidesandToxicSubstances.
E Therefore, 40 CFR chapter Iis amended as follows:

PART 710-[AMENDED]

n 1.The authority citationforpart 710 continues to read as follows:

Authority: 15U.S.C. 2607(a).
§710.43 [Amended] E 2.Section 710.43 is amendedby revising the phrase"4-year intervals" to read "5-year intervals" in the definition for "reporting year." W

3.Section 710.46 is amended as follows: M

a. Byremoving the phrase "the 1985 edition ofthe Inventory orin" in paragraph (a)(1)(i). 0 b.By removing thephrase "the 1985 edition ofthe Inventory or" in paragraph (a)(1)(ii).


### mc. Byrelisting in ascending orderthe entries for 68514-36-3, 68514-37-4, 68514-38-5, 68814-87-9,and 68921- 09-5 and adding entries in ascending order to the table in paragraph (b)(1). " d.Byrevising paragraph (b)(2)(ii)(F). " e. Byremoving thethird, fourth, and fifth sentences in paragraph (b)(2)(iii)(A) and adding a new third sentence.

mf. Byrevisingthe phrase "4-year intervals" to read "5-year intervals" in paragraph (b)(2)(iii)(C).
§710.46 Chemical substancesfor which Information Is not required.

* * * * *



## (i) * * *



### CAS NUMBERS OF*PARTIALLY EXEMPT

SUBSTANCES TERMED "PETROLEUM PROCESS STREAMS" FOR PURPOSES OF INVENTORY UPDATE REPORTING

CAS No. Product

61789-60-4

.............. Pitch

67254-74-4

.............. Naphthenic oils

67891-81-0

.............. Distillates (petroleum), oxidized light, potassium salts

67891-86-5

.............. Hydrocarbon waxes

(petroleum), oxidized, cornpds. with diisopropanolamine

68476-27-7

.............. Fuel gases, amine

system residues

68477-98-5

.............. Gases (petroleum),

hydrotreater blend oil recycle, hydrogen-nitrogen rich 68477-99-6

.............. Gases (petroleum),

isomerized naphtha fractionater, C4- rich, hydrogen sulfide- free

68478-31-9

.............. Tail gas (petroleum),

isomerized naphtha fractionates, hydrogen sulfide-free

68513-03-1

..............

68514-39-6

..............

68919-16-4

..............

73138-65-5

.............. Naphtha (petroleum), light catalytic reformed, arom.-free
Naphtha (petroleum),

light steamcracked, isoprenerich
Hydrocarbons, catalytic alkylation, byproducts, C3-6
Hydrocarbon waxes

(petroleum), oxidized, magnesium salts

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CAS NUMBERS OF PARTIALLY EXEMPT

SUBSTANCES TERMED "PETROLEUM PROCESS STREAMS" FOR PURPOSES' OF INVENTORY UPDATE. REPORTING-Continued

CAS No. Product

92045-43-7

..............

92045-58-4

..............

92062-09-4

..............

98859-55-3

..............

98859-56-4

..............

101316-73-8

...........

164907-78-2

............

164907-79-3

............

178603-63-9

............

178603-64-0

............

178603-65-1

............

178603-66-2

............

212210-93-0

............

221120-39-4

............ Lubricating oils (petroleum), hydrocracked
nonarom. solvent deparaffined " Naphtha (petroleum),

isomerization, C6- fraction Slackwax (petroleum), hydrotreated

Distillates (petroleum), oxidized heavy, compds. with diethanolamine Distillates (petroleum), oxidized heavy, sodium salts Lubricating oils (petroleum), used, noncatalytically refined Extracts (petroleum),

asphaltene-low
vacuum residue solvent Residues (petroleum),

vacuum, asphaltene-low Gas oils (petroleum),

vacuum, hydrocracked, hydroisomerized, hydrogenated, C1o25 Gas oils (petroleum),

vacuum, hydrocracked, hydroisomerized, hydrogenated, C15- 30, branched and cyclic

.. Gas oils (petroleum),

vacuum, hydrocracked, hydroisomerized, hydrogenated, C20- 40, branched and cyclic Gas oils (petroleum),

vacuum, hydrocracked, hydroisomerized, hydrogenated,.C25- 55, branched and cyclic Solvent naphtha (petroleum), heavy arom., distn. residues Distillates (petroleum), cracked steam-cracked, C5- 12 fraction CAS NUMBERS OF PARTIALLY EXEMPT SUBSTANCES TERMED "PETROLEUM PROCESS STREAMS" FOR PURPOSES OF INVENTORY UPDATE REPORTING-Continued

CAS No. Product

445411-73-4

............ Gasoils (petroleum),

vacuum, hydrocracked, hydroisomerized, hydrogenated, C10- 25, branched and cyclic

* * * * *

(2) * * * 

### (ii) * * * (F)Whether the potential risks ofthe chemical substance are adequately managed.

(iii) * * * (A) * * * Requests mustidentify the chemical inquestion, as well as its
CAS number or other chemical identification number as identified in §710.52(c)(3)(i), and must contain a written rationale for the request that
pro ,ides sufficient specific information, addressing the considerations listed in §710.46(b)(2)(ii), including cites and relevant documents, to demonstrate'to EPA thatthe collection ofthe information in §710.52(c)(4) for the chemical in question either is or is not oflow current interest. * * *

* * * * *

§710.48 [Amended]
* 4. Section 710.48 is amended by revising the phrase "4-year intervals" to read "5-year intervals" inparagraph (a). N5. Section 710.52 is amended as follows:



### ma. Byrevising thephrase "4-year intervals" to read "5-year intervals" in the first and last sentences ofthe introductory text, and inthe introductory text ofparagraphs (c)(2), (c)(3), and (c)(4). " b. Byrevising paragraph (c)(3)(iv). " c.By removing paragraph (c)(3)(v) and redesignating existing paragraphs (c)(3)(vi), (c)(3)(vii), (c)(3)(viii), and (c)(3)(ix) as paragraphs (c)(3)(v), (c)(3)(vi), (c)(3)(vii), and (c)(3)(viii), respectively.

md.By revising the phrase "paragraph (c)(3)(viii)" to read "paragraph (c)(3)(vii)" innewly designated paragraph (c)(3)(viii).



### me. By adding asentence after thethird
sentence in paragraph (c)(4).

mf. By revisingthetable inparagraph (c)(4)(ii)(A).
§710.52 Reporting Informationto EPA. (c) * * * (3) * * * (iv) The total volume (inpounds) of each reportable chemical substance manufactured and imported at each site. The total manufactured volume (not including imported volume) and the total imported volume mustbe separately reported. This amount must be reported to two significant figures of
accuracy provided that the reported figures are within ±10% ofthe actual volume.

* * * * *

(4) * * * Information required

to berepprted under this paragraph is limited to domestic (i.e., within the
custom territory ofthe United States) processing and use activities. * * *

* * * * *

(ii) * * * (A) * * *

CODES FOR REPORTING COMMERCIAL AND CONSUMER PRODUCT CATEGORIES

Codes Category

C01

....................... Adhesives and

.sealants C02

........................ Agricultural products (non-pesticidal) C03

....................... Artists' supplies C04

........................ Automotive care products C05

........................ Electrical and electronic products C06

........................ Fabrics, textiles and apparel C07

........................ Glass and ceramic products C08

........................ Lawn and garden products (nonpesticidal) C09

........................ Leather products C10

........................ Lubricants, greases and fuel additives Cl1

......................... M etal products C12

........................ Paints and coatings C13

..:

..................... Paper products C14

........................ Photographic-supplies C15

........................ Polishes and sanitation goods C16

........................ Rubber and plastic products C17

........................ Soaps and detergents C18

........................ Transportation products C19

....................... Wood and wood furniture C20

......................... Other

* * * * *

m6. Byrevising §710.53 toread as follows: 

### 75069

HeinOnline -- 70 Fed. Reg. 75069 200575070 Federal Register/Vol. 70, No. 242/Monday, December 19, 2005/Rules and Regulations

§710.53 When to report.

All information reported to EPA in response to the requirements ofthis subpart mustbe submitted during an applicable submission period. The first submission period is from August 25, 2006, to December 23, 2006. Subsequent recurring submission periods are from June 1t6 September 30 at 5-year intervals,after the first submission period. Anyperson described in §710.48(a) must report during each submission period foreach chemical substance described in § 710.45 that the person manufactured (including imported) during the preceding calendar year (i.e., the "reporting year"). N7. Byrevising §710.57 to read as follows:
§710.57 Reporting requirements.

Each person who is subject to the reporting requirements ofthis subpart
must retainrecords that document any information reported to EPA. Records relevant to reporting during a -submissionperiod must beretained for

a period of5years beginning on the last day ofthe submission period. Submitters are encouraged to retain theirrecords longer than 5years to

ensure that past records are available as

.areference when new submissions are being generated.
[FR Doc. 05-24196 Filed 12-16-05; 8:45"am]

BILLING CODE 6560-50-S

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 64 [CG Docket No. 02-278;CG Doc~et Nd.!60, 338; FCC 05-206] , 1t', , ,

Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991
AGENCY: Federal Communications Commission.
ACTION: Final rule.

SUMMARY: The Commission'released an Orderdelaying untilJanuary 9, 2006, the effective date ofthe Commission's rulerequiring the sender of afacsimile advertiseinent to obtain the recipient's express permission inwriting. TheJunk Fax Prevention Act of2005 was subsequently signed into law amending section 227 ofthe Communications Act of 1934 relating to unsolicited facsimile advertisements and requiring this Commission to issue regulations to implement the statute. Therefore, this document extends the stay of.the Commission's existing facsimile advertising rules, until the conclusion of e-mail tofcc504@fcc.govor call the the Commission's rulemaking. Consumer &Governmental Affairs DATES: The effective date of -Bureauat (202) 418-0530 (voice) or §64.1200(a)(3)(i), published at 68 FR (202) 418-0432 (TTY). The Ordercan 44144, July 25, 2003, is delayed until also be downloaded in Word and further notice published inthe Federal Portable Document Format (PDF)at Register. http://www.fcc.gov/cgb/policy.. ADDRESSES: Federal Communications Synopsis Commission, 445 12th Street, SW., Washington, DC20554. OnJune 27,2005,the Commission
FOR FURTHER INFORMATION CONTACT: released an order, CG DocketNo. 02-
Erica McMahon orRichard Smith,

- .278, published at 70FR 37705, delayi
Consumer &Governmental Affairs until January 9, 2006, the effective dat Bureau, (202) 418-2512. ofthe Commission's determination th

SUPPLEMENTARY .INFORMATION: This is a an established business relationship (EBR) will no longerbe sufficient to summary ofthe Commission's Order, show that an individual or business h CG Docket Nos. 02-278 and 05-338, FCG-05-206, adopted and released given its permission to receive unsolicited facsimile advertisements. December 9, 2005. The Orderfurther Consistent with theJunk Fax Preventi delays the effective date ofarule Act of2005, the Commissionextends initially adopted in Rules and the stay ofthe Commission's existing RegulationsImplementingthe facsimile advertising rules until the Telephone ConsumerProtection Act of conclusion ofthisrulemaking. 1991, Report and Order, (2003TCPA g Orde), C DcketNo.02- 78,FCC03- Specifically, the Commission delays Order),CIS DocketNo.02-278,FCC 03- until the conclusion ofthis rulemakin 153, released July 3, 2003; published at the effective date of: (1) The 68 FR 44144, July 25, 2003. In Commissioe prior d1} The association with this Order,the Commission's prior determination the Csomision releaths a'PRMe, FCC an EBR will no longerbe sufficient to 206,isadotedn released D m 9 FCC05 show that an individual orbusiness h 206, adopted and released December 9, given prior express permission to 2005, that proposes amendments to its given rioripes permin unsolicited facsimile advertising rules receive an unsolicited facsimile and seeks comment on related aspects of advertisement; (2) 

### §64.1200(a)(3)(i) of • the Commission's rules, which requirE those rules. The NPRMalso opens anew docket-CG Docket No. 05-338-for all -aperson orentity sending a facsimile filings inresponse to this document and advertisement to obtain aprior signed those addressing the facsimile written statement as evidence ofa advertising rules generally facsimile recipient's permission to

This document does not contain new receive the advertisement; and (3) the

or modified information collection ruleestablishing the duration ofan EE requirements stibjectto the Paperwork as applied to the sending ofunsolicite
Reduction Act of 1995 (PRA), Public facsimile advertisements. Law 104-13. In addition, it does not Regulatory Flexibility ActAnalysis contain new or modified "information The Commission notes that no Final collection burdens for small business Regulatory Flexibility Analysis is
concernsnecessary for this Order.The employees," pursuant to the Small Commission is not making any change Business Paperwork ReliefAct of 2002, to the Commission's rules; rather, we Public Law 107-198, see44 U.S.C.

- are simply delaying the effective dte 3506(c)(4). Copies ofany subsequently arule. filed documents inthis matter willbe available for public inspection and Congressional Review Act copying during regularbusiness hours The Commission will not send acol
at the FCC Reference Information ofthis Order pursuant to the Center, Portals II, Room CY-A257, 445 Congressional Review Act, see5 U.S.C 12th Street, SW., Washington, DC 801(a)(1)(A), because the adopted rule 20054. The complete text ofthis arerules ofparticular applicability. decision may be purchased from the Commission's duplidating contractor at Ordering Clauses Portals II, 445 12th Street, SW., Room Pursuant to the authority contained CY-B402, Washington, DC 20554. sections 1-4, 227, and 303(r), ofthe Customers may contact the Communications Act of 1934, as Commission's contractor attheirWeb amended; 47 U.S.C. 151-154, 227, anc site: www.bcpiweb.com or call 1-800- 303(r); the Junk Fax Prevention Act of 378-3160. To request materials in 2005, and §64.1200 ofthe accessible formats for people with Commission's rules, 47 CFR 64.1200 disabilities (Braille, large print, and 64.2401, this Orderin CGDocket electronic files, audio fdrmat), send an 02-278 and 05-338 is adopted. ng

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HeinOnline -- 70 Fed. Reg. 75070 2005