2722 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations

delegation of section 112 standards to

include non-part 70 sources.

The scope of South Dakota’s

PROGRAM that EPA is approving in

this notice does not extend to ‘‘Indian

Country,’’ as defined in 18 U.S.C. 1151,

including the following ‘‘existing or

former’’ Indian reservations in the State:

1. Cheyenne River; 2. Crow Creek; 3.

Flandreau; 4. Lower Brule; 5. Pine

Ridge; 6. Rosebud; 7. Sisseton; 8.

Standing Rock; and 9. Yankton.

The State has asserted it has

jurisdiction to enforce a PROGRAM

within some or all of these ‘‘existing or

former’’ Indian reservations and has

provided an analysis of such

jurisdiction. EPA is in the process of

evaluating the State’s analysis and will

issue a supplemental notice regarding

this issue in the future. Before EPA

would approve the State’s PROGRAM

for any portion of ‘‘Indian Country,’’

EPA would have to be satisfied that the

State has authority, either pursuant to

explicit Congressional authorization or

applicable principles of Federal Indian

law, to enforce its laws against existing

and potential pollution sources within

any geographical area for which it seeks

program approval and that such

approval would constitute sound

administrative practice. This is a

complex and controversial issue and

EPA does not wish to delay full

approval of the State’s PROGRAM with

respect to undisputed sources while

EPA resolves this question.

In deferring final action on

PROGRAM approval for sources located

in ‘‘Indian Country,’’ EPA is not making

a determination that the State either has

adequate jurisdiction or lacks such

jurisdiction. Instead, EPA is deferring

judgment regarding this issue pending

EPA’s evaluation of the State’s analysis.

III. Administrative Requirements

A. Docket

Copies of the State’s submittal and

other information relied upon for the

final full approval, including public

comments received and reviewed by

EPA on the proposal, are maintained in

a docket at the EPA Regional Office. The

docket is an organized and complete file

of all the information submitted to, or

otherwise considered by, EPA in the

development of this final full approval.

The docket is available for public

inspection at the location listed under

the ADDRESSES section of this document.

B. Executive Order 12866

The Office of Management and Budget

has exempted this action from Executive

Order 12866 review.

C. Regulatory Flexibility Act

The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address

operating permits programs submitted

to satisfy the requirements of 40 CFR

part 70. Because this action does not

impose any new requirements, it does

not have a significant impact on a

substantial number of small entities.

D. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(Unfunded Mandates Act), signed into

law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to state,

local, or tribal governments in the

aggregate; or to the private sector, of

$100 million or more. Under section

205, EPA must select the most costeffective and least burdensome

alternative that achieves the objectives

of the rule and is consistent with

statutory requirements. Section 203

requires EPA to establish a plan for

informing and advising any small

governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that this

proposed approval does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either state, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under state or local law, and imposes no

new Federal requirements. Accordingly,

no additional costs to state, local, or

tribal governments, or to the private

sector, result from this action.

List of Subjects in 40 CFR Part 70

Environmental protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Operating permits, Reporting

and recordkeeping requirements.

Dated: December 14, 1995.

Jack W. McGraw,

Acting Regional Administrator.

Part 70, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

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

2. Appendix A to part 70 is amended

by adding the entry for South Dakota in

alphabetical order to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

South Dakota

(a) South Dakota Department of

Environment and Natural Resources—

Division of Environmental Regulations:

submitted on November 12, 1993; effective

on February 28, 1996.

(b) (reserved)

[FR Doc. 96–1545 Filed 1–26–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 372

[OPPTS–400100; FRL–4995–4]

Toxic Chemical Release Reporting;

Community Right-To-Know; Additional

Time to Report

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Time extensions for submission

of reports.

SUMMARY: EPA is announcing that it will

allow facilities required to submit Toxic

Release Inventory (TRI) reports for

calendar year 1995 until August 1, 1996,

to file those reports. These TRI reports

under section 313 of the Emergency

Planning and Community Right-toKnow Act and section 6607 of the

Pollution Prevention Act would

otherwise be due on or before July 1,

1996. Because of unforeseen

circumstances beyond the control of

EPA, EPA has been delayed in

developing and distributing the

reporting package, which includes

extensive materials and guidance for

preparing TRI reports, for the 1995

reporting year. To allow facilities

adequate time to prepare and submit

complete and accurate TRI reports, EPA

is allowing facilities an extra month in

which to report.

FOR FURTHER INFORMATION CONTACT:

Maria J. Doa, 202-260-9592, e-mail:

doa.maria@epamail.epa.gov, for specific

information on this notice, or for more

information on EPCRA section 313, the

Emergency Planning and Community

Right-to-Know Hotline, Environmental

Protection Agency, Mail Code 5101, 401

M St., SW., Washington, DC 20460, Toll

free: 1-800-535-0202, in Virginia and

Alaska: 703-412-9877 or Toll free TDD:

1-800-553-7672.

SUPPLEMENTARY INFORMATION:

I. Background

Section 313 of the Emergency

Planning and Community Right-toKnow Act of 1986, 42 U.S.C. 11023

(EPCRA, which is also referred to as
Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Rules and Regulations 2723

Title III of the Superfund Amendments

and Reauthorization Act of 1986 [Pub.

L. 99-499]), requires certain facilities

manufacturing, processing, or otherwise

using listed toxic chemicals to report

their environmental releases of such

chemicals annually. Such facilities also

must report pollution prevention and

recycling data for such chemicals,

pursuant to section 6607 of the

Pollution Prevention Act (PPA), 42

U.S.C. 13106. EPCRA section 313 and

PPA section 6607 require that covered

facilities report this information on or

before July 1 of each year for activities

at those facilities during the previous

calendar year. EPA is required to put the

EPCRA section 313/PPA section 6607

information in an electronic data base

that is accessible to the public. This data

base is commonly referred to as the

Toxics Release Inventory (TRI). State

and local governments, industry, nongovernment organizations, and the

public make extensive use of this data

base.

Until 1995, TRI reporting was

required for 368 chemicals and

chemical categories. On November 30,

1994, EPA promulgated final rules that

added 286 chemicals and chemical

categories of chemicals to the list of

toxic chemicals for which reporting is

required under EPCRA section 313 and

PPA section 6607 (59 FR 61432), and

provided an alternate threshold for

certain reporting (59 FR 61488). The

addition of these chemicals and

categories of chemicals in 1994 almost

doubled the number of toxic chemicals

subject to TRI reporting for calendar

1995. In addition, EPA believes that

many facilities will be reporting for the

first time. Calendar year 1995 is the first

year for which covered facilities are

required to submit information on

releases under EPCRA section 313 and

pollution prevention and recycling data

under PPA section 6607 for the newly

added chemicals and categories. It is

also the first year in which facilities can

make use of the alternate reporting

threshold. Under EPCRA section 313

and PPA section 6607, these reports are

due by July 1, 1996.

Each year, prior to the reporting

deadline, EPA develops and sends to

facilities a reporting package containing

the current TRI reporting form (Form R),

the list of toxic chemicals subject to

reporting, and instructions for reporting.

In recent years, the package has also

included a computer diskette containing

an automated Form R for electronic

reporting. This year’s package will also

contain a special form for alternate

threshold reporting. EPA has found that

providing this extensive reporting

package reduces confusion and the

number of reporting errors, and

expedites the whole reporting process.

In the past, these packages have been

distributed by early March of the year in

which reports are due to allow adequate

time for review and use by the reporting

facilities.

II. Additional Time to Report for 1995

Because Congress and the President,

to date, have not approved an

appropriations bill for EPA for fiscal

year 1996, EPA has been operating since

October 1, 1995, under a series of

continuing resolutions. On two separate

occasions these continuing resolutions

have lapsed, resulting in shutdowns of

operations at EPA. These shutdowns

have totaled 17 working days. Further,

in January 1996, EPA’s Washington,

D.C. area offices were closed for 4 days

due to severe inclement weather

conditions. During the shutdowns due

to lack of appropriations, EPA was not

authorized to work on preparing the

1996 TRI reporting package. Since this

work is performed in EPA Headquarters

in Washington, D.C., EPA was also

unable to work on it during the 4 days

of closure due to the inclement weather.

Because these shutdowns have

resulted in delays in finalizing and

distributing the TRI reporting package,

including the 1995 Form R and

accompanying guidance, beyond EPA’s

intended distribution date, facilities

subject to TRI reporting may not have

sufficient time to prepare and submit

their reports by July 1, 1996. EPA is

concerned that in rushing to report by

July 1, facilities may make errors that

would reduce the accuracy and utility of

the reports and, ultimately, the public

data base. This is particularly relevant

for first-time reporters. In addition, EPA

believes that the delay in the

distribution of the reporting package

may create concern in the regulated

community regarding potential

enforcement actions, including civil

penalties, for those facilities submitting

reports that may contain errors as a

result of the late distribution of the EPA

reporting package or reporting after the

July 1, 1996 deadline.

In recognition of the importance to

State and local governments, industry,

and the public that facilities submit

complete and accurate TRI reports, EPA

is allowing all reporting facilities an

additional month to August 1, 1996, to

submit their 1995 TRI reports. However,

reports for the 1995 reporting year that

are filed after August 1, 1996, will be

subject to EPA enforcement action,

where appropriate.

This allowance of additional time for

reporting applies only to the EPCRA

section 313/PPA section 6607 reporting

obligations for TRI reports otherwise

due on July 1, 1996, covering calendar

year 1995. Nothing in this notice shall

be construed to apply to any other

EPCRA reporting obligations, or to any

TRI reports due for past or future

reporting years. Further, this allowance

of additional time for reporting applies

only to the federal EPCRA section 313/

PPA section 6607 reporting obligation; it

does not apply to independent

obligations under State laws which also

require TRI-type reports. However, EPA

encourages the States with similar

requirements that relate to federal TRI

reporting to embrace this allowance of

additional time.

To the extent that this action might be

construed as rulemaking subject to

section 553 of the Administrative

Procedure Act, for the reasons stated

above, EPA has determined that notice

and an opportunity for public comment

are impracticable and unnecessary.

Providing for public comment might

further delay reporting, and, because

there is no substantive change in the

reporting obligation, other than allowing

an additional month, the public will

continue to receive the same

information, though slightly delayed.

Also, public comment would not further

inform EPA’s decision because the

events giving rise to the need to provide

extra time for reporting have already

occurred. In addition, additional notice

and comment procedures in this

situation would be contrary to the

public interest in timely and accurate

reporting of data under EPCRA section

313 and PPA section 6607.

List of Subjects in 40 CFR Part 372

Environmental protection,

Community right-to-know, Reporting

and recordkeeping requirements, and

Toxic chemicals.

Dated: January 22, 1996.

Lynn R. Goldman,

Assistant Administrator for Prevention,

Pesticides and Toxic Substances.

[FR Doc. 96–1540 Filed 1–26–96; 8:45 am]

BILLING CODE 6560–50–F

GENERAL SERVICES

ADMINISTRATION

41 CFR Parts 201–20 and 201–24

[FIRMR Interim Rule 2, Supplement 1]

RIN 3090–AE 71

Amendment of FIRMR Provisions To

Modify Requirements for Obtaining

Delegations of Procurement Authority

AGENCY: Information Technology

Service, GSA.