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Deletion of Certain Chemicals; Toxic Chemical Release Reporting; Community Right-to-Know

 [Federal Register: April 22, 1998 (Volume 63, Number 77)]
[Rules and Regulations]
[Page 19838-19839]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap98-10]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[OPPTS-400082D; FRL-5785-5]


Deletion of Certain Chemicals; Toxic Chemical Release Reporting;
Community Right-to-Know

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is today amending its regulations to delete several
chemicals and chemical categories from the list of chemicals subject to
reporting under section 313 of the Emergency Planning and Community
Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution
Prevention Act of 1990 (PPA). This action is being taken to comply with
a January 12, 1998 order from the United States District Court for the
District of Columbia. Because this action is being taken to conform the
regulations to the court's order, notice and comment are not required,
and this rule is effective immediately.

EFFECTIVE DATE: This rule is effective April 22, 1998.
FOR FURTHER INFORMATION CONTACT: Daniel R. Bushman, Petitions
Coordinator, 202-260-3882 or e-mail: bushman.daniel@epamail.epa.gov.
For specific information regarding this document or for further
information on EPCRA section 313, contact the Emergency Planning and
Community Right-to-Know Information 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: In the Federal Register of November 30, 1994
(59 FR 61432) (FRL-4922-2), EPA issued a final rule entitled ``Addition
of Certain Chemicals; Toxic Chemical Release Reporting; Community
Right-to-Know'' under section 313(d) of EPCRA, 42 U.S.C. 11023(d). That
rule added 286 chemicals and chemical categories (hereinafter
collectively ``chemicals'') to the list of toxic chemicals subject to
reporting under section 313 of EPCRA, 42 U.S.C. 11023, and section 6607
of the PPA, 42 U.S.C. 13106(a).
    The Chemical Manufacturers Association (CMA) and several other
plaintiffs filed suits challenging various aspects of the rule in the
United States District Court for the District of Columbia. During the
pendency of those cases, EPA and CMA entered into an agreement whereby
EPA consented to the remand and vacatur of dimethyldichlorosilane,
methyltrichlorosilane, and trimethylchlorosilane (hereinafter
collectively ``chlorosilanes'') which had been added by the rule. An
order to that effect was issued by the District Court. Subsequently,
the court granted summary judgment in favor of EPA on all remaining
issues raised in the cases. See National Oilseed Processors Ass'n, et
al. v. Browner, 924 F. Supp. 1193 (D.D.C. 1996).
    On appeal, the Court of Appeals for the District of Columbia
Circuit upheld the lower court's decision on all issues except EPA's
listing of 2,6-dimethylphenol (DMP) and 2-bromo-2-nitropropane-1,3-diol
(Bronopol). See Troy Corp., et al. v. Browner, 120 F.3d 277 (D.C. Cir.
1977). As to those chemicals, by order dated December 16, 1997 the
court remanded the District Court's decision with instructions to
remand EPA's action to the Agency for further proceedings consistent
with the Court of Appeals' ruling. On CMA's motion, the District Court
then issued a January 12, 1998 order (Chemical Manufacturers
Association v. Browner, et al., No. 1:95CV01673) vacating the listing
of DMP and Bronopol, and directing EPA to publish a notice removing
chlorosilanes, DMP, and Bronopol from the EPCRA section 313 list of
reportable toxic chemicals.
    Accordingly, EPA is issuing this final rule revising the EPCRA
section 313 list of reportable chemicals in 40 CFR 372.65 to delete
chlorosilanes, DMP, and Bronopol. Under 5 U.S.C. 553(b)(3)(A), the
notice-and-comment requirements of the Federal Administrative Procedure
Act (5 U.S.C. 551-706) do not apply where the Agency ``for good cause
finds . . . that notice and public procedure thereon are impracticable,
unnecessary, or contrary to the public interest.'' Because the District
Court's orders vacate the listing of chlorosilanes, DMP, and Bronopol
thus rendering those listings without effect, and because this action
is being taken merely to comply with the court's direction and to amend
the regulations so that they reflect the present legal status of those
chemicals, EPA hereby finds that notice and comment on this action are
unnecessary.
    This action is effective immediately upon publication in the
Federal Register. Under 5 U.S.C. 553(d)(3), 30-day advance notice of a
rule is not required where the Agency provides otherwise for good
cause. EPA finds that good cause for an immediate effective date exists
in this case, because as explained above this rule merely amends the
EPCRA section 313 list of

[[Page 19839]]

reportable toxic chemicals to reflect the present legal status of the
chemicals addressed in this final rule.
    Since this action does not contain any requirements, it does not
require review by the Office of Management and Budget (OMB) under
Executive Order 12866, entitled Regulatory Planning and Review (58 FR
51735, October 4, 1993), or Executive Order 13045, entitled Protection
of Children from Environmental Health Risks and Safety Risks (62 FR
19885, April 23, 1997). For the same reason, it does not require any
review under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104-4), Executive Order 12875, entitled Enhancing the
Intergovernmental Partnership (58 FR 58093, October 28, 1993), or
Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994). In addition, since this
action does not require a proposal, no action is needed under the
Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.).
    The deletion of these chemicals from the EPCRA section 313 list
will reduce the overall reporting and recordkeeping burden estimate
provided for EPCRA section 313, but this action does not require any
review or approval by OMB under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq. until EPA decides to subtract the total burden
eliminated by today's action from the EPCRA section 313 overall burden
approved by OMB. At some point in the future, EPA will determine the
total EPCRA section 313 burden associated with the chemcials being
deleted today, and will complete the required Information Collection
Worksheet to adjust the total EPCRA section 313 estimate. The reporting
and recordkeeping burdens associated with EPCRA section 313 are
approved by OMB under OMB No. 2070-0093 (EPCRA section 313 base program
and Form R, EPA ICR No. 1363) and under OMB No. 2070-0145 (Form A, EPA
ICR No. 1704). The current public reporting burden for EPCRA section
313 is estimated to average 61.3 hours for a Form R submitter and 34.5
hours for a Form A submitter. These estimates includes the time needed
for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden
estimate, including suggestions for reducing this burden, to Chief,
Information Policy Branch, Mail Code 2137, U.S. Environmental
Protection Agency, 401 M St., SW., Washington, DC 20460. Please do not
send your completed forms to this address.
    Pursuant to the Congressional Review Act, 5 U.S.C. 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, 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. However, section 808 of that Act
provides that any rule for which the issuing agency for good cause
finds (and incorporates the finding and a brief statement of reasons
therefor in the rule) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest, shall
take effect at such time as the agency promulgating the rule determines
(5 U.S.C. 808(2)). As stated previously, EPA has made such a good cause
finding, including the reasons therefor, and established an effective
date of April 22, 1998. This rule is not a ``major rule'' as defined by
5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, and Toxic chemicals.

    Dated: April 13, 1998.
Lynn R. Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
    Therefore, 40 CFR part 372 is amended to read as follows:
    1. The authority citation for part 372 continues to read as
follows:
    Authority: 42 U.S.C. 11013 and 11028.


Sec. 372.65 [Amended]

    2. Section 372.65 is amended by deleting the entries for 2-bromo-2-
nitropropane-1,3-diol, dimethyldichlorosilane, 2,6-dimethylphenol,
methyltrichlorosilane, and trimethylchlorosilane under paragraph (a),
and deleting the entire CAS No. entries for 52-51-7, 75-77-4, 75-78-5,
75-79-6, and 576-26-1 under paragraph (b).

[FR Doc. 98-10712 Filed 4-21-98; 8:45 am]
BILLING CODE 6560-50-F

 
 

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