[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Rules and Regulations]
[Pages 13124-13125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6264]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 370

[EPA-HQ-SFUND-1998-0002; FRL 8785-3]
RIN 2050-AE17


Hazardous Chemical Reporting; Tier II Inventory Information

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA issued a final rule in the Federal Register on November 3, 
2008, amending the Emergency Planning and Emergency Release 
Notification and Hazardous Chemical Reporting regulations, as well as 
re-writing the regulations in a plain language format. This document is 
being issued to correct a technical error to the regulatory text in 
Hazardous Chemical Reporting, specifically in the Tier II inventory 
information section.

DATES: This final rule is effective March 26, 2009.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-SFUND-1998-0002. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the Superfund Docket, EPA/DC, EPA West, Room 3334, 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 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the Superfund Docket is (202) 566-0276.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Management (OEM), Mail Code 5104A, Environmental Protection Agency, 
1200 Pennsylvania Avenue, NW., Washington DC 20004; telephone number: 
(202) 564-8019; fax number: (202) 564-2620; e-mail address: 
<a href="/cdn-cgi/l/email-protection#9bf1faf8f4f9b5e8f2f8e2dbfeebfab5fcf4ed"><span class="__cf_email__" data-cfemail="563c3735393478253f352f1633263778313920">[email protected]</span></a>. Also contact the Superfund, TRI, EPCRA, RMP and Oil 
Information Center at (800) 424-9346 or (703) 412-9810 (in the 
Washington, DC metropolitan area). The Telecommunications Device for 
the Deaf (TDD) number is (800) 553-7672 or (703) 412-3323 (in the 
Washington, DC metropolitan area). You may wish to visit the OEM 
Internet site at http://www.epa.gov/emergencies.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the November 3, 2008 final rule who may be 
potentially affected by this action. If you have questions regarding 
the applicability of this action to a particular entity, consult the 
person listed under FOR FURTHER INFORMATION CONTACT.

[[Page 13125]]

B. How can I Access Electronic Copies of this Document and Other 
Related Information?

    In addition to using regulations.gov, you may access this Federal 
Register document electronically through the EPA Internet under the 
``Federal Register'' listings at http://www.epa.gov/fedrgstr.

II. What Does This Correction Do?

    This document is being issued to correct a technical error in the 
regulatory text published in the final rule on November 3, 2008 (723 FR 
65452), in 40 CFR 370.42(i)(8) and (9). Specifically, the November 2008 
final rule amended 40 CFR parts 355 and 370, as well as rewrote the 
regulations in a plain language format; the final rule is based on a 
June 8, 1998 (63 FR 31268) proposed rule in which EPA proposed several 
revisions to parts 355 and 370, as well as proposed to reorganize and 
rewrite the regulations in a plain language format. Prior to the 
November 2008 final rule, the instructions to the Tier II inventory 
form in 40 CFR 370 allowed facilities to include optional attachments 
with their inventory form. These optional items include: a site plan 
with site coordinates, a list of site coordinate abbreviations that 
correspond to buildings, lots, etc. or a description of dikes and other 
safeguard measures for storage locations throughout the facility. 
Although the Agency did not propose any revisions to these specific 
instructions in the June 1998 proposed rule, the Agency made an error 
in the November 2008 final rule, while reorganizing the instructions to 
the Tier II inventory form. The Agency inadvertently listed one of the 
optional items, description of dikes and other safeguard measures, as a 
required item in 40 CFR 370.42(i)(9).
    This document corrects this error by deleting the phrase, ``a 
description of dikes and other safeguard measures for each location 
listed'' from 40 CFR 370.42(i)(9), and re-inserting this phrase into 40 
CFR 370.42(i)(8), which has also been re-formatted to provide greater 
clarity.

III. Authority Under the Administrative Procedure Act

    Section 553 of the Administrative Procedure Act (APA), 5 U.S.C. 
553(b)(3)(B), provides that, when an Agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the Agency may issue a final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this technical 
correction final without prior proposal and opportunity for comment, 
because this final rule corrects a technical error, adds clarity, and 
does not otherwise change the original requirements of the final rule. 
This section of the regulations was not proposed for any revisions in 
the June 8, 1998 proposed rule; it was only proposed for a rewrite in a 
plain language format. EPA finds that this constitutes good cause under 
5 U.S.C. 553(b)(3)(B).

IV. Do Any of the Statutory and Executive Order Reviews Apply to This 
Action?

    This final rule corrects a technical error and does not otherwise 
change the requirements in the final rule. As a technical correction, 
this action is not subject to the statutory and Executive Order review 
requirements. For information about the statutory and Executive Order 
review requirements as they related to the final rule, see Section III 
in the Federal Register of November 3, 2008.

V. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report to each House of the Congress and to 
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 the publication of this final rule in the 
Federal Register. This final rule is not a ``major rule'' as defined by 
5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 370

    Environmental protection, Chemicals, Hazardous substances, 
Penalties, Reporting and recordkeeping requirements, Superfund.

    Dated: March 16, 2009.
Lisa P. Jackson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter 1 of the 
Code of Federal Regulations is amended as follows:

PART 370--[AMENDED]

0
1. The authority citation for part 370 continues to read as follows:

    Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and 
329 of the Emergency Planning and Community Right-To-Know Act of 
1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613, 42 U.S.C. 11002, 
11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).

0
2. In Sec.  370.42 revise paragraphs (i)(8) and (9) to read as follows:


Sec.  370.42  What is Tier II Inventory Information?

* * * * *
    (i) * * *
    (8) (i) Provide a brief description of the precise location of the 
hazardous chemical at your facility. You may also attach one of the 
following with your Tier II inventory form.
    (A) A site plan with site coordinates indicated for buildings, 
lots, areas, etc. throughout your facility.
    (B) A list of site coordinate abbreviations that correspond to 
buildings, lots, areas, etc. throughout your facility.
    (C) A description of dikes and other safeguard measures for storage 
locations throughout your facility.
    (ii) Under EPCRA section 324, you may choose to withhold from 
disclosure to the public the location information for a specific 
chemical. If you choose to withhold the location information from 
disclosure to the public, you must clearly indicate that the 
information is ``confidential.'' You must provide the confidential 
location information on a separate sheet from the other Tier II 
information (which will be disclosed to the public), and attach the 
Confidential Location Information Sheet to the other Tier II 
information. Indicate any attachments you are including.
    (9) Provide a brief description of the manner of storage of the 
hazardous chemical, including container type, temperature and pressure 
for each location listed. You must use codes that correspond to 
different storage types and temperature and pressure conditions. The 
storage codes are in Sec.  370.43. If the specific location for which 
you are reporting storage conditions is a ``confidential'' location, 
then you must report the storage conditions on a separate Confidential 
Location Information Sheet.

[FR Doc. E9-6264 Filed 3-25-09; 8:45 am]
BILLING CODE 6560-50-P


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