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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 this petition process

and found to be limited in design and

execution. Consequently, EPA

determined that the study was of

insufficient quality to provide

information regarding health risks

(leukemia) of MEK to children. Also,

EPA evaluated industry's submission to

the first tier of the VCCEP progr am and

has determined that there are no data

which specifically indicate that the RfC

will not be protective of children.

H. Executive Order 13211, Actions

Concerning Regulations That

Significantly Affect Energy Supply,

Distribution, or Use

The final rule is not subject to

Executive Order 13211, "Actions

Concerning Regulations That

Significantly Affect Eng.gy Supply,

Distribution, or Use" (66 FR 28355 (May

22, 2001)) because it is not a significant

regulatory action under Executive Order

12866:

I. National Technology Transfer and

Advancement Act

Section 112(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA), Public Law 104-

113, section 12(d) 915 U.S.C. 272 note),

directs all Federal agencies to use

voluntary consensus standards instead

of government-unique standards in their

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,

test method, sampling and analytical

procedures, -business practices, etc.) that

are developed or adopted by one or

more voluntary consensus standards

bodies. Examples of organizations

generally regarded as voluntary

consensus standards bodies include the

American society for Testing and

Materials (ASTM), the National Fire

Protection Association (NFPA), and the

Society of Automotive Engineers. (SAE).

The NTTAA requires Federal agencies

like EPA to provide Congress, through

OMB, with explanations when an

agency decides not to use available and

applicable voluntary consensus

standards. The final rule does not

involve technical standards. Therefore,

EPA is not considering the use of any

voluntary consensus standards.

J. Congressional Review Act

The Congressional Review Act, 5

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

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the 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 of the United States prior to

publication of the rule in the Federal

Register. This action is not a "major

rule" as defined by 5 U.S.C. 804(2). The

final rule will be effective on December

19., 2005.

List of Subjects in 40 CFR Part 63

Environmental -protection, Air

pollution control, Hazardous

substances, Reporting and

recordkeeping requirements.

Dated: December 13, 2005.

Stephen L. Johnson,

Administrator.

m For the reasons set out in-the

preamble, part 63, title 40, chapter I of

the Code of Federal Regulations is

amended as follows:

PART 63-[AMENDED]

s 1. The authority citation for part 63

continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

Subpart C-[Amended]

* 2. Subpart C is amended by adding

§ 63.61 to read as follows:

§63.61 Deletion of methyl ethyl ketone

from the list of 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 4 years. In this amendment, EPA

is extending the reporting cycle,

modifying the timing of.the submission

period, further clarifying the new partial

exemption for specific chemicals for

which certain IUR data are of low

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 of processing and

use information to domestic processing

and use activities only, clarifying the

polymer exemption definition, and

removing a provision regarding the

confidentiality of production 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 in the

docket are listed on the

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-line instructions.)

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 not be placed

on the Internet and will be publicly

available only in hard copy form.

Publicly available docket materials are

available either electronically in

EDOCKET or in hard copy at the 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 for the OPPT Docket,

* which is located in the EPA Docket

Center, is (202) 566-0280.

FOR FURTHER INFORMATION CONTACT: For

general information contact:

Colby Lintner, Regulatory

Coordinator, Environmental Assistance

75059-

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

.Division (7408M), Office of Pollution

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.

For technical information contact:

Susan Sharkey, Project Manager,

Economics, Exposure and Technology

Division (7406M), Office of Pollution

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. Does this Action Apply to Me?

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, subject to reporting under

the TSCA Inventory Update Reporting

(IUR) regulations at 40 CFR part 710.

Any use of the term "manufacture" in

this document will encompass

"import," unless otherwise stated.

Potentially affected entities may

include, but are not limited to:

Chemical manufacturers and

importers, including chemical

manufacturers and importers of

inorganic chemical substances (North

American Industrial Classification

System (NAICS) codes 325, 32411).

This listing is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

affected by this action. Other types of

entities not listed in 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 or your business may be

affected by this action, you should

carefully examine the applicability

provisions at 40 CFR 710.48. If you have

any questions regarding the

applicability of this action to a particular entity, consult the technical

contact person listed under FOR FURTHER

INFORMATION CONTACT.

B. How Can I Access Electronic Copies

of this Document and Other Related

Information?

In addition to using EDOCKET (http://

www.epa.gov/edocket), you may access

this Federal Register document

electronically through the'EPA Internet

under the "Federal Register" 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. What Action is the Agency 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 brief listing of the changes made to the

IUR regulations via this rule. These

changes are described in more detail in

Unit I.D., along with a summary of the

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 adjust the dates of the

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-

year record retention period begins on

the last day of the submission period.

Third, EPA is clarifying the partial

exemption for petroleum 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 of low current interest,

petitions must include a written

rationale for suggested additions of a

chemical to or deletions of a chemical

from the list-of partially exempt

chemical substances.

Fifth; EPA is further amending 40

CFR 710.46 to remove the references to

the 1985 edition of the 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 a new category.

I Seventh, EPA is amending 40 CFR

710.52(c)(3)(iv) to require separate

reporting of manufacture 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 (40 CFR

710.52(c)(3)(v)).

B. What is the Agency's Authority for

Taking this Action?

EPA is required under TSCA section

8(b), 15 U.S.C. 2607(b), to compile and

keep current an inventory of chemical

substances manufactured or processed

in the United States. This inventory is

known as the TSCA Chemical

Substances Inventory (the TSCA

Inventory). In 1977, EPA promulgated a

rule (42 FR 6 45 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 CFR part 710 (51 FR

21438, June 12, 1986) to facilitate the

periodic updating of the 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 of eligible chemical

substances and to make certain other

changes (Ref. 1).

TSCA section 8(a)(1) authorizes the

EPA Administrator to promulgate rules

under which manufacturers and

processors of chemical substances and

mixtures (referred to hereinafter as

chemical substances) must maintain

such records and submit such

information as the Administrator may

reasonably require. TSCA section 8(a)

generally excludes small manufacturers

and processors of chemical substances

from the reporting requirements

established in TSCA section 8(a).

However, EPA is authorized by TSCA

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

a rule proposed or promulgated under

TSCA section 4, 5(b)(4), or 6, or that is

the subject of an order under TSCA

section 5(e), or that is the subject of

relief that has been granted pursuant to

a civil action under T.SCA section 5 or

7. The standard for determining whether

an entity qualifies as a small

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manufacturer for purposes of 40 CFR

part 710 generally is found at 40 CFR

704.3. Processors are not currently

subject to the regulations at 40 CFR part

710.

C.- What is the Inventory Update

Reporting (IUR) Regulation?

The data reported pursuant to the IUR

regulations are used to update the

information maintained on the TSCA

Inventory. EPA uses the TSCA

Inventory and data reported under the

IUR regulation to support many TSCArelated activities and to provide overall

support for a number of EPA 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 on the TSCA Inventory

to report to EPA every 4 years the

identity of chemical substances

manufactured (including imported)

during the reporting year in quantities

of 25,000 pounds or more at any single

site they own or control (see 40 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 of the

reportable chemical substance, and

exposure-related information associated

with the manufacture of each reportable

chemical substance, including the

physical form and maximum

concentration of the chemical substance

and the number of potentially exposed

workers (40 CFR 710.52).

Manufacturers (including importers)

of chemicals in larger volumes (i.e.,

300,000 lbs. or more 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 or use category, NAICS code,

industrial function category, percent

production volume associated with each

process or use category, number of use

sites, number of potentially exposed

workers, and consumer/commercial

information such as use category, use in

or on products intended for use by

children, and maximum concentration.

For the 2006 submission period,

manufacturers (including importers) of

inorganic chemical substances will be

required to report for.the first time.

However, for the 2006 submission

period only, manufacturers (including

importers) of inorganic chemical

substances will be partially exempt from

reporting under IUR regulations,

regardless of production 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 for inorganic 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 or in any subsequent

submission periods, for as long as the

chemical substances remain on these

partial exemption lists (40.CFR

710.46(b)(1) and (b)(2)).

D. What Changes areBeing Made by the

Agency to the IUR regulation?

1. What changes are being made to

the chemical substances covered by the

IUR regulations?--a. Partiallyexempt

petroleum process streams. Certain

petroleum process streams listed in 40

CFR 710.46(b)(1) are exempted from .

additional reporting requirements under

the IUR regulations for chemical

substances manufactured in amounts 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 of this

partial exemption from "petroleum

process streams" to "petroleum refinery

process streams" to clarify the types of

covered substances. EPA received

comments which indicated that the

proposed change was misunderstood;

EPA, therefore; at this time, is retaining

the name "petroleum process streams."

EPA is amending the list of partially

exempt substances by adding the

following 25 petroleum refinery process

streams, listed by 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

left off the initial partial exemption list

established by 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 site Where

they are produced in vessels which are

designed to minimize losses and,

coincidentally, the potential for releases

and exposure. Also, in many cases, the

flammable nature of these products

requires that they also be transported,

processed, and stored in well controlled

vessels. For these reasons, EPA believed

worker exposure to the chemicals

termed "petroleum process streams" for

purposes of IUR was diminished and

thus IUR processing and use reporting

was not considered 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 of the American Petroleum

Institute (API) document entitled

Petroleum Process Stream Terms

Included in the Chemical Substances

Inventory Under the Toxic Substances

Control Act (TSCA) (API publication)

(Ref. 2).

In developing the proposed IUR

Revisions rule, EPA considered adding

potential petroleum process streams,

identified by API as having 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 of these substances qualified as

petroleum process streams, EPA applied

the criteria embodied in the Agency's

petroleum stream descriptions '

contained ifi EPA's January 1978

Addendum I to the TSCA Candidate List

of Chemical Substances, entitled

Generic Terms Covering P'etroleum

Refinery Process Streams (Addendum I)

(Ref. 3). Based on Addendum I, EPA

described in the proposal the reasons

why, several of the suggested chemical

substances were not considered to be

petroleum process streams for IUR

reporting purposes: (i) The chemical.

substance consists of a complex mixture

of one class of hydrocarbons, e.g., all

alkanes or all alkenes (with defined

carbon number ranges) and aromatic

hydrocarbons (without defined carbon

number range), which do not specify

petroleum as a source material in the

chemical name; (ii) the chemical

substance is a well defined.

75061

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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

of petroleum 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 a non-petroleum source

(Refs. 1 and 4).

There is one point regarding the

petroleum process stream exemption

that EPA wishes to clarify. In the

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 of substances that would not be

included as petroleum process streams

in Addendum I. For instance, the API

publication contained individual light

hydrocarbons and related gases (Class I

substances) which were not identified

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. In general, the commenters

supported adding chemicals to the

partial exemption'chemical list. One

commenter felt that EPA's proposed

change in the name of the partial

exemption to "petroleum refinery

process streams" was constricting.

Another commenter stated that the

scope of the proposed change excludes

a variety of substances that are in fact

petroleum process streams produced in

a refinery.

EPA is not promulgating the name

change and will retain "petroleum

process streams" to describe the partial

exemption. EPA's inclusion of the 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 of the 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 of a refinery, the

Agency also notes that some substances

produced in a refinery are

petrochemicals and do not qualify 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

as fuVl." 70 FR 3662. According to these

commenters, limiting the scope of the

partial exemption to petroleum

refineries was inappropriate because

certain chemicals are produced in '

closed systems at production facilities

other than refineries, in a manner

similar to their production at refineries.

One of the commenters stated that

denying the, partial exemption to all

except petroleum refineries violates the

Paperwork Reduction Act (PRA) and

offers a competitive advantage to

refineries. One commenter requested

that, if EPA implements its proposed

definition of petroleum 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 for the IUR

regulation.

The statement concerning qualifying

petroleum process streams was included

in the discussion describing the

Agency's decision concerning whether

or not to list certain substances

suggested by the API. EPA did not

intend the proposed change to alterthe

status of chemicals 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 listed by CAS

Registry Number (CASRN) at'40 CFR

710.46(b)(1) is exempt from reporting

requirements of 40 CFR 710.52(c)(4),

unless the substance is ineligible

because of exceptions noted in the

introductory text of 40 CFR 710.46. For

example, one of the commenters noted

that calcined petroleum coke (CASRN

64743-05-1) can be manufactured

either in a petroleum refinery or in

another type of facility. This substance,

since it is listed by CASRN at 40 CFR

710.46(b)(1), is exempted from reporting

IUR processing and use information

regardless of where it is manufactured.

Therefore, refineries are not receiving

any competitive advantage over other

manufacturers of these chemicals. As

recognized by the commenters, EPA

stated that qualifying petroleum process

streams are produced only in a

petroleum refinery. In light of the

confusion identified by the comments,

and to recognize that qualifying ,

petroleum process streams may occur

outside of a 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 of petroleum 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 current interest" 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)

if EPA has determined that it has a "low

current interest" in the 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 of chemicals

partially exempt from reporting by

submitting a petition that addresses the

considerations set forth in 40 CFR

710.46(b)(2)(ii).

In the 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

of the chemical substance is or is not of

low current interest. The proposed rule

also clarified that it is the petitioner's .

obligation to address the considerations

set forth in § 710.46(b)(2)(ii) by

providing sufficient information,-

-including documentation and relevant

citations to supporting information. In

addition, the proposed rule Atered the

consideration of whether a chemical

substance was adequately managed by

broadening it to include entities other

than Federal agencies. (See 70 FR 3658).

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 of the totality

of information available on a chemical

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 of requests for

partial exemption must be objective.

This commenter supported a delisting

process that incorporated the criteria

used for exempting petroleum streams,

described by the commenter as

exempting intermediates processed in

closed equipment or burned as fuels.

Another commenter suggested adding

additional criteria which promoted

pollution prevention and resource

recovery and ongoing programs of other

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. If change is

warranted, EPA will initiate a separate

rulemaking.

2. How is this rule changing the data

elements reported by all submitters?--a.

Production volume 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 a reportable chemical

substance were required to aggregate the

amounts of a chemical imported and

manufactured domestically and to

report the total. In the proposed rule,

EPA suggested a return to the previous

method of reporting data on

manufactured volumes separately from

imported volumes. EPA explained that

it is frequently useful to distinguish

between the volume of a chemical

manufactured in the United States and

imported into this country to

understand the nature of chemical

production in the United States,

characterize the markets for chemicals,

and assess potential exposures during

importation and domestic manufacture

of chemical substances (See 70 FR

3658).

Several persons who commented on

the proposed rule agreed with the

proposed change. One persoi noted that

separate reporting of the 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

claim production volume as TSCA

confidential business information (CBI)

must indicate whether they are also

claiming a specified range within which

the production volume falls as

confidential (40 CFR 710.52 (c)(3)(v)).

EPA received 11 comments on the

proposed removal of the requirement

that submitters indicate whether or not

production volumes submitted in ranges

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 of CBI, and several proposed

that EPA simply adjust the ranges that

it uses to publicly release aggregated

production volume data to match those

of the IUR regulation.

EPA believes that many of the

objections to this proposed change

result from a misunderstanding of EPA's

intent in removing this requirement. As

a general matter, EPA releases IUR

production volume range information

for a chemical 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 a range

specified in § 710.52(c)(3)(v), should be

treated as CBI. This amendment was

included in the 2003 final rule as part

of an effort to make available to the

public site- and chemical-specific

production volume range information

from the IUR that was not claimed as

CBI.

Upon consideration of various 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 will be able to continue to

claim their actual production volume as

CBI. EPA's decision not to allow

confidentiality claims for the

standardized production volume ranges

in 40 CFR 710.52(c)(3)(v) is based on

several concerns, most importantly

issues inherent in releasing both

aggregated data and site-specific

production volume ranges. Because of

this difficulty, the Agency has

determined that this provision regarding

the confidentiality of production

volume information within specified

ranges is not likely to result in greater

availability of production volume

information to the public, which was

the goal of this data element as

expressed in the 2003 Amendments

(Ref. 1). Additionally, several

commenters suggested that EPA should

not release these standardized

production volume ranges. It is

important to note that, by this change,

EPA is not presuming 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 will be in the

form of production volume data that is

aggiegated and ranged.

3. How have the data elements

reported only by larger production

volume manufacturers changed?--a.

Reporting processing and use

information for domestic activities only.

Persons manufacturing 300,000 lbs. or

more of a reportable chemical substance

were required to report processing and

use information for that 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 for two reasons. First, EPA

is primarily focused on exposures to

chemical substances resulting from

domestic processing and use of the

chemicals. Second, EPA anticipates that

restricting the processing and use

information that must be reported by

larger production voluie manufacturers

to that associated witli dinestic

activities will reduce the burden

associated with reporting this

information. The Agency estimates that

the average burden for reporting the IUR

processing and use information is

reduced by about 15%, resulting in a

total savings of approximately $8

million per reporting 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 of exported

chemicals is, in their 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. One person

commented that tracking the processing

I

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and use of domestically 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, for most

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

in response to 40 CFR 710.52(c)(4) to

domestic processing and use of

chemical substances.

b. Consumer and commercial product

categories. Persons manufacturing

300,000 lbs. or more of a reportable

chemical substance must report the

commercial and consumer product

category or categories that best describe

the commercial and consumer products

in which 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 of these two

categories; however no specific reasons

were provided for their support. EPA

also-received a comment stating that

combining these categories will result in

a loss of information. 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 sixdigit North American Industry

Classification System (NAICS) codes

and showing that these categories are

readily distinguishable from each other.

EPA found the same information

provided by ED at the 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 are real

differences between those two

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 tooth powders 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 not be required to report on nonTSCA downstream uses of the TSCA

chemicals that they manufacture (See 68

FR 871, Unit IIl.B.3.b.), . Additionally, ED stated that "the two

different types of uses 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 in which it would utilize these

categories in a screening-level exposure

assessment. While there 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)

(see http://www.epa.gov/opptintr/

exposure/docs/efast.htm), for laundry

detergent (in the "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 of the NAICS Index

Entries and EPA's screening models,

EPA has decided not to 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 of this category.

Without this category, agricultural uses

of chemicals 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 what uses are

considered to be pesticidal uses, refer to

the Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA) definition of "pesticide" (7 U.S.C. 136(u) or FIFRA

section 2(u)), which generally defines

the term as "(1) any substance or

mixture of substances 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..." If the subject persons find

that the agricultural or lawn. and garden

product on which they are reporting

does not meet the definition under

FIFRA section 2(u), their product 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

in the traditional film photofinishing

industry, which indicates'that

consumer/commercial exposure issues

associated with photographic chemicals

may be of diminished importance. Six

commenters stated their general support

of changes. made to the commercial and

consumer product categories, although

no commenter specifically mentioned

photographic chemicals or provided any

specific reason for their support. One

comment supported maintaining the

"Photographic Chemicals" category,

stating that any burden associated with

the reporting of a category covering uses

that are less prevalent over time oughtto also decline, and that there are

indications of a relatively stable

remaining core of film 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 of analog 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 in this category are

continuing to inc5rease in volume. Thus,

while specific types of photographic

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chemicals.may decrease in use, it seems

unlikely that use of chemical substances

in the "Photographic Chemicals"

category as a whole will drastically

decrease, as EPA originally thought (Ref.

7).

4. What other changes are being

made?--a. Reporting frequency and

recordkeeping. The IUR regulations

require reporting every 4 years. The first

submission period to occur after the

2003 Amendments will be in 2006, at

which time submitters will report

information based on the 2005 reporting

year. EPA proposed to change the

reporting frequency so that, after the

'2006 submission period, the reporting

frequency will be every 5 years instead

of every 4 years. This means that the

second submission period after the 2003

Amendments would be 2011 (i.e., 5

years after 2006) and would then occur

every 5 years thereafter. The reporting

year would continue to occur in the

calendar year immediately preceding

the submission period, i.e., 2010, 2015,

etc.

EPA received a variety of comments

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 in burden reduction,

particularly in the wake of the 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 familiar with

IUR reporting (which will be required

for inorganic chemical substances for

the first time as of the 2006 submission

period) before having to report

processing and use information during

submission periods after 2006. One

company indicated that, although it was

supportive of changing from a 4-year to

a 5-year reporting cycle, such a change

would not result in 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 in reporting 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 of high production volume

chemicals from 1990-2002 indicates a

need for more frequent, rather than less

frequent, reporting, and they also

provided an analysis of publicly

available IUR information to bolster the

assertion that the chemical industry is

dynamic and that production volumes

change dramatically over the 4 years

between reporting cycles. These

commenters suggested that annual

reporting of production volume data

would be more appropriate, but if EPA

chose not to require annual reporting of

this data, it should require the reporting

of yearly production volume data every

5 years. They also recognized that EPA

bases many of its actions on information

reported under the IUR regulation, and

contended that more accurate reporting

will lead to better risk management at a

lower cost.

EPA intends to consider further the

suggestion to adopt a provision

requiring persons to report their annual

production volumes for each of the 5

years preceding the submission period.

If the reporting of annual 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 of IUR 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 will be 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 in the past. EPA also agrees that the

extended reporting cycle will allow

increased time for industry (particularly

inorganic chemical manufacturers) to

learn how to comply with the amended

IUR, and may result in submissions

with fewer errors.

EPA disagrees With the cdnment that

the change from a 4-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 a 4-year

frequency results in 5 submission

periods. As a result of requiring one less

submission period over the course of 20

years, EPA estimates that a 5-year

frequency will save regulated 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 a submission period for a period

of 5 years beginning with the effective

date of that submission period. EPA is

clarifying this requirement by changing

"beginning with the effective date" to

"beginning on the last day" of that

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 longer than 5 years to

ensure that past records are available as

a reference when submitters are

generating subsequent submissions.

One commenter noted that, under the

current IUR regulations, persons

submitting their information at the

beginning of the submission period

rather than at the end will have to

review their records twice, once in

preparation for making the submission

and then again for records retention

purposes at fhe end of the submission

period. The commenter stated that this

could result in submitters who report

early in the submission period keeping

all IUR records from two submission

periods for a period of time, even if the

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 of the

submission period to "5 years or until

the date of their next IUR submission to

EPA, whichever is'less." In addition to

the submitter having its past records to

refer to, EPA proposed the change from

"beginning with the effective date" to

"beginning on the last day" of the

submission period to clarify the records

retention requirement. EPA is

concerned that following the

commenter's suggestion would result in

a lack of clarity concerning what date is

considered the date of submission 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 can identify records it

no longer finds useful at the time of

review for the current submission and

will easily be able fo later identify those

records. EPA does not require 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. Submission period. 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 of August 25 through December

23 in the year immediately following

each reporting year. In today's action,

for the 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 will be moved up to

June 1 through September 30. This

means that in the 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 to January 1 through

April 30 of the.year following the

reporting year. The 2003 amendment to

the IUR regulation also changed the

reporting year from the company's fiscal

year to the calendar year beginning in

2005. Therefore, all of the information

required to be submitted to EPA should

be available early in 2006 for all

companies. Moving the submission

period to earlier in the 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 of commenters opposed the

change to the submission period,

stating:

(1) The proposed submission period

of January 1 to April 30 coincides with

the time when many other reports must

be filed, and the current period (August

25 through December 23) works well

allowing reporting companies time to

generate accurate data. A trade group

indicated that all of its members

surveyed reported to the IUR in

December.

(2) It is unreasonable for EPA to

shorten the submission period in light

of the increased reporting requirements

enacted by the 2003 Amendments to the

IUR. Inorganic chemical producers, who

will be reporting for the first time under

the IUR regulation in 2006, felt that

adjusting to the reporting requirements

would take considerable time. Most

suggested that respondents will struggle

to collect the required data in time.

Firms reporting on a large number of

chemicals were of the opinion that the

complexity of their reporting would

make meeting the April 30 deadline

difficult due to obligations of other

forms of regulatory dompliance

occurring early in the calendar year.

Importers pointed out the complexity of

their situation, especially because they

will often have to rely on Customs Entry

forms that can be delayed up to 30 days.

(3) Numerous other EPA reporting

programs require reporting in the first

half of the 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 local reporting

programs that require their attention.

Other commenters stated that they

believe the coordination of these 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 of the

information reported. These persons

pointed out that import notifications are

often delayed by up 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

of beneficial use may be made months

after the byproducts are manufactured.

(5) Requiring accelerated submissions

based on "timeliness" of the data is

inconsistent with EPA's proposal to

extend the reporting cycle from 4 to 5

years because a delay of several

additional months is insignificant when

compared to the extension of the

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 of the

reporting year from the -fiscal year to the

calendar year. This commenter

suggested that EPA's reasoning was

erroneous because many businesses, 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 I year

(for companies with a fiscal year

coinciding with the calendar year) to

only 4 months.

(6) Almost all of the' 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

2006 reporting 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 of October 31,

August 31, July 1 (to coincide with TRI

reporting), and May 1, and a submission

period from July 1 through 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 1 through.April 30. The

proposed change was not intended to

place additional burdens on industry,

but to remove an unnecessary delay in

collecting the IUR data. In light of the

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 of August 25 through December

23 for the 2006 reporting cycle, and

switch to a June 1 through September 30

submission period for all future

reporting cycles beginning in 2011.

Recognizing that companies may have

already begun planning data collection

activities around the August to

December submission period for the

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 for all future reporting cycles .

thereafter, EPA believes that the June 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. Polymer exemption. 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 the references included

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in the polymer definition from the

"1985 edition of the Inventory or the

Master Inventory File" to the more

general and current "Master Inventory

File" by removing the reference to the

1985 edition of the Inventory. The

Master Inventory File has been regularly

updated since the 1985 edition of the

Inventory was published, and is the

more appropriate reference for use

within the IUR polymer exemption. All

who commented on this subject agreed

with this change, and EPA is finalizing

the definition as proposed.

III. Materials in the Rulemaking Record

An official docket was established

under docket ID number EPA-HQOPPT-2004-0106. The official public

docket includes information considered

by EPA in developing this final rule,

such as the 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

in the documents that EPA has placed

in the docket, regardless of whether

these referenced documents are

physically located in the docket. For

assistance in locating documents that

are referenced in documents that EPA

has placed in the docket, but that are

not physically located in the docket,

please consult the technical person

listed under 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 in this

preamble that have been placed in the

official docket for this 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 Under the 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 of the

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

on Photographic Chemicals," Office of

Pollution Prevention and Toxics, July

2005.

IV. Statutory and Executive Order

Reviews

A. Executive Order 12866

Under Executive Order 12866,

entitled Regulatory Planning and

Review (58 FR 51735, October 4, 1993),

the Office of Management 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)

of the Executive Order.

EPA has prepared an economic

analysis of the potential impacts of this

action, which is contained in a

document entitled Economic Analysis of

the IUR Revisions Final Rule (Ref. 1).

T,his document is available as a.part of

the public version of the official record

for this action and is briefly summarized

here.

These revisions will reduce IUR

reporting costs. The quantified portions

of the rule are estimated to save $6

million to $7 million per year when

annualized over the next 20 years at a

3% or a 7% discount rate. Most of the

savings of these revisions will accrue to

the chemical industry in the form of

decreased costs of complying with the

IUR regulations. There will also be some

savings to EPA in the form of decreased

costs to administer the regulation and

maintain the collected data.

B. Paperwork Reduction Act

According to the Paperwork

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

seq., an agency may not conduct or

sponsor,. and a person is not required to

respond to a collection of information

that requires OMB approval under the

PRA, unless it has been approved by

OMB and displays a currently valid

OMB control number. The OMB control

numbers for EPA's regulations, after

initial display in the Federal Register

and in addition to its display on any

related collection instrument, are listed

in 40 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 not impose any burden

requiring additional OMB approval.

Instead, this action would reduce

reporting burden by 113,000 to 123,000

hours in the 2006 reporting cycle and

112,000 to 121,000 hours in subsequent

reporting cycles. This reduction is out of

a total 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 of the burden estimate, and

any suggested methods for minimizing

respondent burden, including through

the use of automated .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. Regulatory Flexibility Act

Pursuant'to section 605(b) of the

Regulatory Flexibility Act (RFA) (5

U.S.C. 601 et seq.), the Agency hereby

certifies that this action will not have a

significant adverse economic impact on

a substantial number of small entities.

The factual basis for the Agency's

determination is summarized below.

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" in this 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, this rulemaking is

expected to reduce IUR reporting costs

for businesses of all sizes. Thus, EPA

concludes that these revisions will not

result in significant adverse effects on a

substantial number of small entities.

D. Unfunded Mandates Reform Act

Pursuant to Title II of the 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 or more for state, local, and

tribal governments, in the aggregate, or

for the private sector in any 1 year. As

described in Unit IV.A., the rule is

expected to decrease expenditures by $6

million to $7 million per year. EPA has

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75068 Federal Register / Vol. 70, No. 242 /Monday,* December 19, 2005 / Rules and Regulations

also determined that the rule would not

significantly or uniquely affect small

governments and is not subject to the

requirements of sections 202, 203, 204,

and 205 of UMRA.

E. Executive Order 13132

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 of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, entitled

Federalism (64 FR 43255, August 10,.

1999).

F. Executive Order 13175

This rule will not have tribal

implications because it is 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 in Executive Order 13175,

entitled Consultation and Coordination

with Indian Tribal Governments (65 FR

67249, November 6, 2000).

G. Executive Order 13045

This action is not subject to Executive

Order 13045, entitled Protection of

Children from Environmental Health

Risks and Safety Risks (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 not address

environmental health or safety risks

disproportionately affecting children.

H. Executive Order 13211

This action is not subject to Executive

Order 13211, entitled Actions

Concerning Regulations that

Significantly Affect Energy Supply,

Distribution, or Use (66 FR 28355, May

22, 2001), because this action is not

expected to affect energy supply,

distribution, or use.

L National Technology Transfer

Advancement Act

Since this action does not involve any

technical standards, section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (NTTAA),

Public Law 104-113, section 12(d) (15

U.S.C. 272 note), does not apply to this

action.

J. Executive Order 12898

This action does not involve special

considerations of environmental justice

related issues as required by Executive

Order 12898, entitled Federal Actions to

Address Environmental justice in

Minority Populations and Low-Income

Populations (59 FR 7629, February 16,

1994).

K. Executive Order 12988

In issuing this rule, EPA has taken the

necessary steps to eliminate drafting

errors and ambiguity, minimize

potential litigation, and provide a clear

legal standard for affected conduct, as

required by section 3 of Executive Order

12988, entitled Civil Justice Reform (61

FR 4729, February 7, 1996).

V. Congressional Review Act

The Congressional Review Act, 5

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

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

Agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and the Comptroller General of

the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. This rule is not a "major rule" as defined by 5 U.S.C.

804(2).

List of Subjects in 40 CFR Part 710

Environmental protection, Chemicals,

Hazardous materials, Inventory Update

Reporting, Reporting and recordkeeping

requirements, TSCA.

Dated: December 5, 2005.

Susan B. Hazen,

Acting Assistant Administrator, Office of

Prevention, Pesticides and Toxic Substances.

E Therefore, 40 CFR chapter I is

amended as follows:

PART 710-[AMENDED]

n 1. The authority citation for part 710

continues to read as follows:

Authority: 15 U.S.C. 2607(a).

§710.43 [Amended]

E 2. Section 710.43 is amended by

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. By removing the phrase "the 1985

edition of the Inventory or in" in

paragraph (a)(1)(i).

0 b. By removing the phrase "the 1985

edition of the Inventory or" in

paragraph (a)(1)(ii).

m c. By relisting in ascending order the

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. By revising paragraph (b)(2)(ii)(F).

" e. By removing the third, fourth, and

fifth sentences in paragraph (b)(2)(iii)(A)

and adding a new third sentence.

m f. By revising the phrase "4-year

intervals" to read "5-year intervals" in

paragraph (b)(2)(iii)(C).

§710.46 Chemical substances for 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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Federal Register/ Vol. 70, No. 242/Monday, December 19, 2005 /Rules and Regulations

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

Slack wax (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 ............ Gas oils (petroleum),

vacuum,

hydrocracked,

hydroisomerized,

hydrogenated, C10-

25, branched and

cyclic

* * * * *

(2) * * * (ii) * * *

(F) Whether the potential risks of the

chemical substance are adequately

managed.

(iii) * * *

(A) * * * Requests must identify

the chemical in question, 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 that the collection of the

information in § 710.52(c)(4) for the

chemical in question either is or is not

of low current interest. * * *

* * * * *

§710.48 [Amended]

* 4. Section 710.48 is amended by

revising the phrase "4-year intervals" to

read "5-year intervals" in paragraph (a).

N 5. Section 710.52 is amended as

follows:

m a. By revising the phrase "4-year

intervals" to read "5-year intervals" in

the first and last sentences of the

introductory text, and in the

introductory text of paragraphs (c)(2),

(c)(3), and (c)(4).

" b. By revising 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.

m d. By revising the phrase "paragraph

(c)(3)(viii)" to read "paragraph

(c)(3)(vii)" in newly designated

paragraph (c)(3)(viii).

m e. By adding a sentence after the third

sentence in paragraph (c)(4).

m f. By revising the table in paragraph (c)(4)(ii)(A).

§710.52 Reporting Information to EPA.

(c) * * * (3) * * *

(iv) The total volume (in pounds) of

each reportable chemical substance

manufactured and imported at each site.

The total manufactured volume (not

including imported volume) and the

total imported volume must be

separately reported. This amount must

be reported to two significant figures of

accuracy provided that the reported

figures are within ±10% of the actual

volume.

* * * * *

(4) * * * Information required

to be repprted under this paragraph is

limited to domestic (i.e., within the

custom territory of the 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

C 10 ........................ Lubricants,

greases and fuel

additives

C l1 ......................... 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 ......................... O ther

* * * * *

m 6. By revising § 710.53 to read as

follows:

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75070 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 of this

subpart must be 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 1 t6 September 30 at 5-year

intervals, after the first submission

period. Any person described in

§ 710.48(a) must report during each

submission period for each chemical

substance described in § 710.45 that the

person manufactured (including

imported) during the preceding calendar

year (i.e., the "reporting year").

N 7. By revising § 710.57 to read as

follows:

§710.57 Reporting requirements.

Each person who is subject to the

reporting requirements of this subpart

must retain records that document any

information reported to EPA. Records

relevant to reporting during a

-submission period must be retained for

a period of 5 years beginning on the last

day of the submission period.

Submitters are encouraged to retain

their records longer than 5 years to

ensure that past records are available as

.a reference 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

Order delaying until January 9, 2006,

the effective date of the Commission's

rule requiring the sender of a facsimile

advertiseinent to obtain the recipient's

express permission in writing. The Junk

Fax Prevention Act of 2005 was

subsequently signed into law amending

section 227 of the 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 to fcc504@fcc.gov or call the

the Commission's rulemaking. Consumer & Governmental Affairs

DATES: The effective date of -Bureau at (202) 418-0530 (voice) or

§ 64.1200(a)(3)(i), published at 68 FR (202) 418-0432 (TTY). The Order can

44144, July 25, 2003, is delayed until also be downloaded in Word and

further notice published in the Federal Portable Document Format (PDF) at

Register. http://www.fcc.gov/cgb/policy..

ADDRESSES: Federal Communications Synopsis

Commission, 445 12th Street, SW.,

Washington, DC 20554. On June 27, 2005, the Commission

FOR FURTHER INFORMATION CONTACT: released an order, CG Docket No. 02-

Erica McMahon or Richard Smith, - .278, published at 70 FR 37705, delayi

Consumer & Governmental Affairs until January 9, 2006, the effective dat

Bureau, (202) 418-2512. of the Commission's determination th

SUPPLEMENTARY .INFORMATION: This is a an established business relationship

(EBR) will no longer be sufficient to

summary of the Commission's Order, show that an individual or business h

CG FCG-05-206, Docket Nos. adopted 02-278 and 05-338, and released given its permission to receive

unsolicited facsimile advertisements.

December 9, 2005. The Order further Consistent with the Junk Fax Preventi

delays the effective date of a rule Act of 2005, the Commission extends

initially adopted in Rules and the stay of the Commission's existing

Regulations Implementing the facsimile advertising rules until the

Telephone Consumer Protection Act of conclusion of this rulemaking.

1991, Report Orde), DcketNo.02- and Order, C (2003 TCPA g 78,FCC03- Specifically, the Commission delays Order), CIS Docket No. 02-278, FCC 03- until the conclusion of this rulemakin 153, released July 3, 2003; published at the effective date of: (1) The

68 association FR 44144, with July this 25, Order, 2003. In the Commissioe Commission's prior prior d1} The determination the

Csomision releaths a 'PRMe, FCC an EBR will no longer be sufficient to 206,isadotedn 206, adopted and released released D December FCC05 m 9 9, show given that prior an express individual permission or business to h

2005, that proposes amendments to its given rioripes permin

unsolicited facsimile advertising rules receive an unsolicited facsimile

and seeks comment on related • aspects of the advertisement; Commission's (2) rules, § 64.1200(a)(3)(i) which requirEof

those rules. The NPRM also opens a new

docket-CG Docket No. 05-338-for all -a person or entity sending a facsimile

filings in response to this document and advertisement to obtain a prior signed those addressing the facsimile written statement as evidence of a advertising rules generally facsimile recipient's permission to

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

or modified information collection rule establishing the duration of an EE

requirements stibject to the Paperwork as applied to the sending of unsolicite

Reduction Act of 1995 (PRA), Public facsimile advertisements.

Law 104-13. In addition, it does not Regulatory Flexibility Act Analysis

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 Relief Act of 2002, to the Commission's rules; rather, we Public Law 107-198, see 44 U.S.C. - are simply delaying the effective dte

3506(c)(4). Copies of any subsequently a rule.

filed documents in this matter will be

available for public inspection and Congressional Review Act

copying during regular business hours The Commission will not send a col

at the FCC Reference Information of this Order pursuant to the

Center, Portals II, Room CY-A257, 445 Congressional Review Act, see 5 U.S.C

12th Street, SW., Washington, DC 801(a)(1)(A), because the adopted rule

20054. The complete text of this are rules of particular 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), of the

Customers may contact the Communications Act of 1934, as Commission's contractor at their Web 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 of the

accessible formats for people with Commission's rules, 47 CFR 64.1200

disabilities (Braille, large print, and 64.2401, this Order in CG Docket

electronic files, audio fdrmat), send an 02-278 and 05-338 is adopted.

ng

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as

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HeinOnline -- 70 Fed. Reg. 75070 2005