[
Federal
Register:
July
7,
2004
(
Volume
69,
Number
129)]
[
Rules
and
Regulations]
[
Page
40787­
40791]
From
the
Federal
Register
Online
via
GPO
Access
[
wais.
access.
gpo.
gov]
[
DOCID:
fr07jy04­
11]

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

ENVIRONMENTAL
PROTECTION
AGENCY
40
CFR
Part
710
[
OPPT­
2003­
0075;
FRL­
7332­
3]
RIN
2070­
AC61
TSCA
Inventory
Update
Rule
Corrections
AGENCY:
Environmental
Protection
Agency
(
EPA).

ACTION:
Direct
final
rule.

­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

SUMMARY:
EPA
is
taking
direct
final
action
to
make
several
minor
corrections
to
the
Inventory
Update
Rule
(
IUR)
reporting
regulations.
First,
EPA
is
relocating
the
non­
isolated
intermediate
definition
to
properly
place
it
in
the
section
of
the
regulation
associated
with
both
the
IUR
and
the
compilation
of
the
TSCA
Inventory.
Second,
the
Agency
is
correcting
the
low
current
interest
partial
exemption
chemical
list
by
removing
a
chemical
that
is
improperly
identified
and
was
mistakenly
placed
on
the
list.
Third,
EPA
is
correcting
the
percent
production
volume
associated
with
the
chemical
substance's
physical
form(
s)
reporting
requirement
by
removing
the
requirement
that
the
sum
of
the
percent
production
volumes
be
no
more
than
100%.
Fourth,
EPA
is
correcting
overlapping
site
ranges
in
the
number
of
sites
code
table.
Fifth,
EPA
is
correcting
a
misprint
in
a
paragraph
reference.
Sixth,
EPA
is
updating
the
procedure
to
obtain
the
reporting
documents.

DATES:
This
direct
final
rule
is
effective
on
September
7,
2004,
without
further
notice,
unless
EPA
receives
adverse
comment
by
August
6,
2004.
If,
however,
EPA
receives
adverse
comment,
EPA
will
publish
a
Federal
Register
document
to
withdraw
the
specific
correction(
s)
for
which
the
adverse
comment
was
made
before
the
effective
date
of
the
direct
final
rule.
The
remaining
corrections
will
become
effective
on
September
7,
2004.

ADDRESSES:
Submit
your
comments,
identified
by
docket
identification
(
ID)
number
OPPT­
2003­
0075,
by
one
of
the
following
methods:
Federal
eRulemaking
Portal:
http://
www.
regulations.
gov/.

Follow
the
on­
line
instructions
for
submitting
comments.
Agency
Website:
http://
www.
epa.
gov/
edocket/.
EDOCKET,

EPA's
electronic
public
docket
and
comment
system,
is
EPA's
preferred
method
for
receiving
comments.
Follow
the
on­
line
instructions
for
submitting
comments.
E­
mail:
oppt.
ncic@
epa.
gov.
Mail:
Document
Control
Office
(
7407M),
Office
of
Pollution
Prevention
and
Toxics
(
OPPT),
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460­
0001.
Hand
Delivery:
OPPT
Document
Control
Office
(
DCO),
EPA
East
Bldg.,
Rm.
6428,
1201
Constitution
Ave.,
NW.,
Washington,
DC.
Attention:
Docket
ID
number
OPPT­
2003­
0075.
The
DCO
is
open
from
8
a.
m.
to
4
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
telephone
number
for
the
DCO
is
(
202)
564­
8930.
Such
deliveries
are
only
accepted
during
the
Docket's
normal
hours
of
operation,
and
special
arrangements
should
be
made
for
deliveries
of
boxed
information.
Instructions:
Direct
your
comments
to
docket
ID
number
OPPT­
2003­
0075.
EPA's
policy
is
that
all
comments
received
will
be
included
in
the
public
docket
without
change
and
may
be
made
available
on­
line
at
http://
www.
epa.
gov/
edocket/,
including
any
personal
information
provided,
unless
the
comment
includes
information
claimed
to
be
Confidential
Business
Information
(
CBI)
or
other
information
whose
disclosure
is
restricted
by
statute.
Do
not
submit
information
that
you
consider
to
be
CBI
or
otherwise
protected
through
EDOCKET,
regulations.
gov,
or
e­
mail.
The
EPA
EDOCKET
and
the
regulations.
gov
websites
are
``
anonymous
access''
systems,
which
means
EPA
will
not
know
your
identity
or
contact
information
unless
you
provide
it
in
the
body
of
your
comment.
If
you
send
an
e­
mail
comment
directly
to
EPA
without
going
through
EDOCKET
or
regulations.
gov,
your
e­
mail
address
will
be
automatically
captured
and
included
as
part
of
the
comment
that
is
placed
in
the
public
docket
and
made
available
on
the
Internet.
If
you
submit
an
electronic
comment,
EPA
recommends
that
you
include
your
name
and
other
contact
information
in
the
body
of
your
comment
and
with
any
disk
or
CD
ROM
you
submit.
If
EPA
cannot
read
your
comment
due
to
technical
difficulties
and
cannot
contact
you
for
clarification,
EPA
may
not
be
able
to
consider
your
comment.
Electronic
files
should
avoid
the
use
of
special
characters,
any
form
of
encryption,
and
be
free
of
any
defects
or
viruses.
For
additional
information
about
EPA's
public
docket,
visit
EDOCKET
on­
line
or
see
the
Federal
Register
of
May
31,
2002
(
67
FR
38102)
(
FRL­
7181­
7).
Docket:
All
documents
in
the
docket
are
listed
in
the
EDOCKET
index
at
http://
www.
epa.
gov/
edocket/.
Although
listed
in
the
index,
some
information
is
not
publicly
available,
i.
e.,
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
in
EDOCKET
or
in
hard
copy
at
the
OPPT
Docket,
EPA
Docket
Center,
EPA
West,
Rm.
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
Division
(
7408M),
Office
of
Pollution
Prevention
and
Toxics,
Environmental
Protection
Agency,
1200
Pennsylvania
Ave.,
NW.,
Washington,
DC
20460­
0001;
telephone
number:
(
202)
554­
1404;
e­
mail
address:
TSCA­
Hotline@
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
[[
Page
40788]]

Ave.,
NW.,
Washington,
DC
20460;
telephone
number:
(
202)
564­
8789;
email
address:
sharkey.
susan@
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?
You
may
be
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
Inventory
Update
Rule
(
IUR)
at
40
CFR
part
710.
Any
use
of
the
term
``
manufacture''
in
this
document
will
encompass
import,
unless
otherwise
stated.
In
the
past,
persons
that
only
are
processors
of
chemical
substances
have
not
been
required
to
comply
with
the
requirements
of
40
CFR
part
710.
These
amendments
do
not
change
the
status
of
processors
under
the
regulations
at
40
CFR
part
710.
Potentially
affected
entities
may
include,
but
are
not
limited
to:
Chemical
manufacturers
and
importers
subject
to
IUR
reporting,
including
chemical
manufacturers
and
importers
of
inorganic
chemical
substances
(
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
North
American
Industrial
Classification
System
(
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
at
E­
CFR
Beta
Site
Two
at
http://
www.
gpoaccess5.
gov/
ecfr/.

C.
What
Should
I
Consider
as
I
Prepare
My
Comments
for
EPA?

1.
Submitting
CBI.
Do
not
submit
this
information
to
EPA
through
EDOCKET,
regulations.
gov,
or
e­
mail.
Clearly
mark
the
part
or
all
of
the
information
that
you
claim
to
be
CBI.
For
CBI
information
in
a
disk
or
CD
ROM
that
you
mail
to
EPA,
mark
the
outside
of
the
disk
or
CD
ROM
as
CBI
and
then
identify
electronically
within
the
disk
or
CD
ROM
the
specific
information
that
is
claimed
as
CBI.
In
addition
to
one
complete
version
of
the
comment
that
includes
information
claimed
as
CBI,
a
copy
of
the
comment
that
does
not
contain
the
information
claimed
as
CBI
must
be
submitted
for
inclusion
in
the
public
docket.
Information
so
marked
will
not
be
disclosed
except
in
accordance
with
procedures
set
forth
in
40
CFR
part
2.
2.
Tips
for
preparing
your
comments.
When
submitting
comments,
remember
to:
i.
Identify
the
rulemaking
by
docket
ID
number
and
other
identifying
information
(
subject
heading,
Federal
Register
date,
and
page
number).
ii.
Follow
directions.
The
Agency
may
ask
you
to
respond
to
specific
questions
or
organize
comments
by
referencing
a
Code
of
Federal
Regulations
(
CFR)
part
or
section
number.
iii.
Explain
why
you
agree
or
disagree;
suggest
alternatives,
and
substitute
language
for
your
requested
changes.
iv.
Describe
any
assumptions
and
provide
any
technical
information
and/
or
data
that
you
used.
v.
If
you
estimate
potential
costs
or
burdens,
explain
how
you
arrived
at
your
estimate
in
sufficient
detail
to
allow
for
it
to
be
reproduced.
vi.
Provide
specific
examples
to
illustrate
your
concerns,
and
suggest
alternatives.
vii.
Explain
your
views
as
clearly
as
possible,
avoiding
the
use
of
profanity
or
personal
threats.
viii.
Make
sure
to
submit
your
comments
by
the
comment
period
deadline
identified.

II.
Background
A.
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
64572,
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
Inventory
Update
Rule
(
IUR)
reporting
regulation
under
TSCA
section
8(
a)
at
40
CFR
part
710
(
51
FR
21447,
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
amendments
to
the
IUR
(
68
FR
848,
January
7,
2003)
(
FRL­
6767­
4)
(
the
2003
Amendments)
to
collect
manufacturing,
processing,
and
use
exposure­
related
information,
and
to
make
certain
other
changes.
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),
although
there
are
some
exceptions
under
TSCA
section
8(
a)(
3)
to
this
general
exclusion.
Processors
are
not
currently
subject
to
the
regulations
at
40
CFR
part
710.

B.
What
is
the
Inventory
Update
Rule
(
IUR)?

The
data
reported
under
the
IUR
are
used
to
update
the
information
maintained
on
the
TSCA
Inventory.
EPA
uses
the
TSCA
Inventory
and
data
reported
under
the
IUR
to
support
many
TSCA­
related
activities
and
to
provide
overall
support
for
a
number
of
EPA
and
other
Federal
health,
safety,
and
environmental
protection
activities.
The
IUR,
prior
to
its
amendment
in
January
2003,
required
U.
S.
manufacturers
of
organic
chemicals
to
report
to
EPA
every
4
years
the
identity
of
chemical
substances
manufactured
during
the
reporting
year
in
quantities
of
10,000
pounds
or
more
at
any
plant
site
they
own
or
control.
Prior
to
its
amendment,
the
IUR
generally
excluded
several
categories
of
substances
from
its
reporting
requirements,
i.
e.,
polymers,
inorganic
substances,
microorganisms,
and
naturally
occurring
chemical
substances.
Plant
sites
were
required
to
report
information
such
as
company
name,
plant
site
location,
plant
site
Dun
and
Bradstreet
number(
s),
identity
of
the
reportable
chemical
substance,
and
production
volume
of
each
reportable
chemical
substance.
Data
were
reported
to
EPA
under
the
IUR
in
1986,
1990,
1994,
1998,
and
2002.

[[
Page
40789]]

Due
to
extensive
2003
Amendments
(
68
FR
848),
U.
S.
manufacturers
of
chemicals
(
no
longer
limited
to
just
organic
chemicals)
are
now
required
to
report
to
EPA
every
4
years
the
identity
of
chemical
substances
manufactured
during
the
reporting
year
in
quantities
of
25,000
pounds
or
more
at
any
plant
site
they
own
or
control.
The
amended
IUR
continues
to
exclude
several
categories
of
substances
from
its
reporting
requirements,
i.
e.,
polymers,
microorganisms,
and
naturally
occurring
chemical
substances.
Inorganic
chemicals
are
no
longer
exempt
and
certain
natural
gas
substances
are
now
fully
exempt.
In
addition
to
the
information
reported
prior
to
the
amendments,
submitters
now
also
are
required
to
report
additional
manufacturing
exposure­
related
data,
including
the
physical
form
and
maximum
concentration
of
the
chemical
substance
and
the
number
of
potentially
exposed
workers.
The
2003
Amendments
also
established
a
second
reporting
threshold
for
larger
volume
chemicals
of
300,000
pounds
or
more
manufactured
during
the
reporting
year
at
any
plant
site
for
reporting
of
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,
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
submission
period
occurring
in
2006,
inorganic
chemicals,
regardless
of
production
volume,
are
partially
exempt
(
i.
e.,
submitters
do
not
report
processing
and
use
information
for
inorganic
chemicals).
After
the
2006
cycle,
the
partial
exemption
for
inorganic
chemicals
is
no
longer
applicable
and
submitters
are
required
to
fully
report
information
on
inorganic
chemical
substances.
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.

C.
What
Action
is
the
Agency
Taking?

Through
this
action,
EPA
is
making
the
following
minor
corrections
to
the
IUR.
1.
Definition­­
non­
isolated
intermediate.
EPA
is
moving
the
definition
for
``
non­
isolated
intermediate''
from
40
CFR
710.43
to
40
CFR
710.3.
Prior
to
the
2003
Amendments,
definitions
for
both
the
IUR
and
the
compilation
of
the
TSCA
Inventory
were
included
in
one
definition
section
within
40
CFR
part
710.
The
2003
Amendments,
however,
created
two
separate
definition
sections
within
40
CFR
part
710;
one
for
terms
that
apply
solely
to
the
IUR
regulations
(
see
40
CFR
710.43),
and
the
other
for
terms
that
may
be
used
in
both
the
regulations
associated
with
the
compilation
of
the
TSCA
Inventory,
and
in
the
IUR
regulations
(
see
40
CFR
710.3).
In
the
2003
Amendments,
EPA
included
the
definition
for
``
non­
isolated
intermediate''
in
40
CFR
710.43.
This
was
erroneous
because
the
term
is
used
in
the
regulations
associated
with
the
compilation
of
the
TSCA
Inventory
(
see
40
CFR
710.4(
d)(
8)).
As
a
result,
EPA
is
moving
this
definition
to
40
CFR
710.3.
This
relocation
is
purely
administrative,
and
does
not
have
any
substantive
effect
on
the
meaning
or
use
of
the
term
``
non­
isolated
intermediate''
within
the
regulations
at
40
CFR
part
710.
2.
Partial
exemption
requirements.
Section
710.46(
b)(
2)
contains
the
requirements
for
the
partial
exemption
of
certain
listed
chemicals
from
IUR
reporting
requirements
(
i.
e.,
exemption
from
the
requirements
listed
in
Sec.
710.52(
c)(
4)),
as
well
as
the
list
of
chemicals
covered
by
this
partial
exemption.
EPA
is
correcting
the
list
of
partially
exempt
chemicals
in
Sec.
710.46(
b)(
2)(
iv),
as
one
of
the
chemicals
on
the
list
was
included
in
error.
The
initial
list
of
partially
exempt
substances
was
derived
from
three
basic
sources,
as
described
in
the
technical
support
document
``
Methodology
Used
for
the
Initial
Selection
of
Chemicals
for
the
Inventory
Update
Rule
Amendments
(
IURA)
`
Low
Current
Interest'
Partial
Reporting
Exemption''
(
OPPT,
USEPA,
July
2,
2002,
docket
ID
number
OPPT­
2002­
0054).
One
of
the
sources
was
the
OECD
HPV
SIDS
program,
from
which
a
group
of
linear
alkyl
benzenes
(
LABs)
was
identified
to
be
included
in
the
partial
exemption.
The
SIDS
program
list
of
LAB
chemicals
included
CAS
number
68648­
86­
2
(
benzene,
C14­
16­
alkyl
derivs.).
EPA
has
since
determined
that
this
chemical
submitted
to
the
SIDS
program
by
the
manufacturing
company
is
not
actually
a
LAB,
but
is
rather
a
branched
alkylbenzene
with
a
different
carbon
chain
length
range
(
alkyl
range)
than
the
name
implied.
The
substance,
which
is
named
``
benzene,
C4­
16­
alkyl
derivs.,''
rather
than
``
benzene,
C14­
16­
alkyl
derivs.,''
is
not
one
of
the
chemicals
for
which
EPA
had
received
detailed
exposure
information
nor
was
this
chemical
part
of
the
LAB
group
screened
in
the
OECD
HPV
SIDS
program
(
Ref.
1).
EPA
is
correcting
Sec.
710.46(
b)(
2)(
iv)
by
removing
the
chemical
identified
as
CAS
number
68648­
86­
2.
3.
Percent
production
volume
associated
with
physical
form
requirements.
Section
710.52(
c)(
3)(
ix)
contains
the
requirement
to
report
the
percentage,
rounded
off
to
the
closest
10%,
of
total
production
volume
of
the
reportable
chemical
substance
that
is
associated
with
each
physical
form
reported.
The
requirement
originally
stated
that
``
The
sum
of
the
percentages
reported
must
not
add
up
to
more
than
100%.''
There
are
instances,
however,
where
due
to
rounding
the
percentage
may
add
up
to
more
than
100%.
For
example,
if
a
chemical
substance
is
produced
in
three
physical
forms
with
the
percentages
of
48%,
26%,
and
26%,
rounding
would
result
in
the
reporting
of
50%,
30%,
and
30%.
Adding
the
rounded
percentages
results
in
a
sum
of
110%.
EPA
is
correcting
this
section
by
removing
the
requirement
for
the
percentages
to
not
add
up
to
more
than
100%.
4.
Site
ranges
correction.
Section
710.52(
c)(
4)(
i)(
E)
describes
the
requirements
for
reporting
the
number
of
sites
for
each
combination
of
industrial
processing
or
use
operation,
NAICS
code,
and
industrial
function
category.
The
number
of
sites
is
reported
in
ranges,
and
codes
are
used
to
report
the
range.
The
ranges
were
originally
as
follows:
less
than
10
sites,
from
10
to
25,
from
25
to
100,
from
100
to
250,
from
250
to
1,000,
from
1,000
to
10,000,
and
more
than
10,000.
EPA
is
adjusting
the
ranges
in
order
to
avoid
confusion
as
to
which
range
must
be
reported
by
submitters
reporting
25,
100,
250,
or
1,000
sites.
Thus,
the
ranges
will
now
be
as
follows:
Less
than
10
sites,
at
least
10
but
less
than
25,
at
least
25
but
less
than
100,
at
least
100
but
less
than
250,
at
least
250
but
less
than
1,000,
at
least
1,000
but
less
than
10,000,
and
10,000
or
more.
5.
Cross­
reference
correction.
Section
710.58(
d)
provides
notice
that
``[
i]
f
no
claim
of
confidentiality
is
indicated
on
the
reporting
form
.
.
.
,
or
if
confidentiality
claim
substantiation
required
under
paragraphs
(
c)
and
(
d)
of
this
section
is
not
submitted
with
the
reporting
form,
EPA
may
make
the
information
available
to
the
public
without
further
notice
to
the
submitter.''
The
reference
to
paragraph
(
d),
however,
is
incorrect,
as
that
paragraph
does
not
contain
a
confidentiality
claim
substantiation
requirement.
Instead,
the
appropriate
cross
reference
is
to
paragraphs
(
b)
and
(
c),
which
both
contain
the
claim
substantiation
requirement.
As
a
result,
EPA
is
[[
Page
40790]]

correcting
Sec.
710.58(
d)
by
changing
the
cross­
reference
to
the
substantiation
requirements
from
``
paragraphs
(
c)
and
(
d)''
to
``
paragraphs
(
b)
and
(
c).''
This
change
is
purely
administrative,
makes
the
relevant
regulatory
provision
internally
consistent
and
correct,
and
does
not
have
any
substantive
effect
on
any
other
part
of
the
regulations
at
40
CFR
part
710.
6.
Availability
of
reporting
documents
correction.
Section
710.59(
c)
provides
information
describing
how
to
obtain
IUR
reporting
documents,
including
the
reporting
form
and
instructions.
EPA
is
correcting
information
in
this
section
to
reflect
EPA's
current
practice
in
making
this
information
available.
In
keeping
with
current
technology
and
industry
practices,
EPA
now
makes
the
reporting
documents
available
through
the
internet,
at
http://
www.
epa.
gov/
oppt/
iur,
and
no
longer
automatically
mails
the
documents
to
submitters
from
the
previous
reporting
cycle.
Nonetheless,
paper
copies
still
will
be
mailed
upon
request.
III.
Direct
Final
Rule
Procedures
EPA
is
publishing
this
rule
without
prior
proposal
because
the
Agency
views
this
as
a
noncontroversial
amendment
and
anticipates
no
adverse
comment
as
this
action
simply
makes
certain
minor
corrections
to
40
CFR
part
710.
This
final
rule
will
be
effective
on
September
7,
2004,
without
further
notice
unless
the
Agency
receives
adverse
comment
by
August
6,
2004.
If
EPA
receives
adverse
comment
on
one
or
more
distinct
amendments,
paragraphs,
or
sections
of
this
rulemaking,
the
Agency
will
publish
a
timely
withdrawal
in
the
Federal
Register
indicating
which
provisions
will
become
effective
and
which
provisions
are
being
withdrawn
due
to
adverse
comment.
Any
distinct
amendment,
paragraph,
or
section
of
today's
rulemaking
for
which
the
Agency
does
not
receive
adverse
comment
will
become
effective
on
September
7,
2004,
notwithstanding
any
adverse
comment
on
any
other
distinct
amendment,
paragraph,
or
section
of
today's
rule.
For
any
distinct
amendment,
paragraph,
or
section
of
today's
rule
that
is
withdrawn
due
to
adverse
comment,
EPA
will
publish
a
notice
of
proposed
rulemaking
in
a
future
edition
of
the
Federal
Register.
The
Agency
will
address
the
comments
on
any
such
distinct
amendment,
paragraph,
or
section
as
part
of
that
proposed
rulemaking.

IV.
Materials
in
the
Rulemaking
Record
The
public
version
of
the
official
record
for
this
rulemaking
has
been
established
as
described
in
the
ADDRESSES
unit
under
docket
ID
number
OPPT­
2003­
0075.
This
record
includes
the
documents
located
in
the
docket
as
well
as
the
documents
that
are
referenced
in
those
documents.
The
following
document
is
specifically
referenced
in
this
final
rule.
The
document
is
also
included
in
the
public
version
of
the
official
record.
1.
E­
mail
from
John
Heinze,
Council
for
LAB/
LAS
Environmental
Research,
to
Leslie
Scott,
EPA,
May
19,
2003.

V.
Statutory
and
Executive
Order
Reviews
This
direct
final
rule
implements
corrections
to
40
CFR
part
710.
Since
this
direct
final
rule
does
not
impose
any
new
requirements,
it
is
not
subject
to
review
by
the
Office
of
Management
and
Budget
(
OMB)
under
Executive
Order
12866,
entitled
Regulatory
Planning
and
Review
(
58
FR
51735,
October
4,
1993).
Because
this
direct
final
rule
is
exempt
from
review
under
Executive
Order
12866
due
to
its
lack
of
significance,
this
direct
final
rule
is
not
subject
to
Executive
Order
13211,
Actions
Concerning
Regulations
That
Significantly
Affect
Energy
Supply,
Distribution,
or
Use
(
66
FR
28355,
May
22,
2001).
This
direct
final
rule
does
not
contain
any
information
collections
subject
to
OMB
approval
under
the
Paperwork
Reduction
Act
(
PRA),
44
U.
S.
C.
3501
et
seq.,
or
impose
any
enforceable
duty
or
contain
any
unfunded
mandate
as
described
under
Title
II
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRA)
(
Public
Law
104­
4).
Nor
does
it
require
any
special
considerations
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);
or
OMB
review
or
any
other
Agency
action
under
Executive
Order
13045,
entitled
Protection
of
Children
from
Environmental
Health
Risks
and
Safety
Risks
(
62
FR
19885,
April
23,
1997).
This
action
does
not
involve
any
technical
standards
that
would
require
Agency
consideration
of
voluntary
consensus
standards
pursuant
to
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).
Since
this
action
merely
makes
minor
corrections
to
40
CFR
part
710,
EPA
certifies
this
action
will
not
have
significant
economic
impact
on
a
substantial
number
of
small
entities.
There
will
be
no
adverse
impact
on
small
entities
resulting
from
this
action.
In
addition,
the
Agency
has
determined
that
this
action
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).
Executive
Order
13132
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications.''
``
Policies
that
have
federalism
implications''
is
defined
in
the
Executive
Order
to
include
regulations
that
have
``
substantial
direct
effects
on
the
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.''
This
action
does
not
alter
the
relationships
or
distribution
of
power
and
responsibilities
established
by
Congress.
The
Agency
has
determined
that
this
rule
does
not
have
any
``
tribal
implications''
as
described
in
Executive
Order
13175,
entitled
Consultation
and
Coordination
with
Indian
Tribal
Governments
(
65
FR
67249,
November
6,
2000).
Executive
Order
13175,
requires
EPA
to
develop
an
accountable
process
to
ensure
``
meaningful
and
timely
input
by
tribal
officials
in
the
development
of
regulatory
policies
that
have
tribal
implications.''
This
direct
final
rule
will
not
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.
Thus,
Executive
Order
13175
does
not
apply
to
this
rule.

VI.
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).

[[
Page
40791]]

List
of
Subjects
in
40
CFR
Part
710
Environmental
protection,
Chemicals,
Hazardous
materials,
Reporting
and
recordkeeping
requirements.

Dated:
June
23,
2004.
Susan
B.
Hazen,
Acting
Assistant
Administrator,
Office
of
Prevention,
Pesticides
and
Toxic
Substances.

0
Therefore,
40
CFR
chapter
I
is
amended
as
follows:

PART
710­­[
AMENDED]

0
1.
The
authority
citation
for
part
710
continues
to
read
as
follows:

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

0
2.
Section
710.3
is
amended
by
alphabetically
adding
the
following
definition
to
paragraph
(
d)
to
read
as
follows:
*
*
*
*
*

Sec.
710.3
Definitions.

(
d)
*
*
*
Non­
isolated
intermediate
means
any
intermediate
that
is
not
intentionally
removed
from
the
equipment
in
which
it
is
manufactured,
including
the
reaction
vessel
in
which
it
is
manufactured,
equipment
which
is
ancillary
to
the
reaction
vessel,
and
any
equipment
through
which
the
substance
passes
during
a
continuous
flow
process,
but
not
including
tanks
or
other
vessels
in
which
the
substance
is
stored
after
its
manufacture.
*
*
*
*
*

Sec.
710.43
[
Amended]

0
3.
Section
710.43
is
amended
by
removing
the
definition
for
``
nonisolated
intermediate.''

Sec.
710.46
[
Amended]

0
4.
Section
710.46
is
amended
by
removing
the
entire
CAS
No.
entry
for
``
68648­
86­
2''
from
the
table
in
paragraph
(
b)(
2)(
iv).
0
5.
Section
710.52
is
amended
by
removing
the
last
sentence
in
paragraph
(
c)(
3)(
ix);
italicizing
the
heading
``
Specific
information
for
chemical
substances
manufactured
in
amounts
of
300,000
lbs.
or
more''
in
paragraph
(
c)(
4);
italicizing
the
heading
``
Industrial
processing
and
use
information''
in
paragraph
(
c)(
4)(
i);
and
revising
the
table
in
paragraph
(
c)(
4)(
i)(
E)
to
read
as
follows:

Sec.
710.52
Reporting
information
to
EPA.

*
*
*
*
*
(
c)
*
*
*
(
4)
*
*
*
(
i)
*
*
*
(
E)
*
*
*

Codes
for
Reporting
Numbers
of
Sites
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
Codes
Range
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
S1........................................
less
than
10
sites
S2........................................
at
least
10
but
less
than
25
sites
S3........................................
at
least
25
but
less
than
100
sites
S4........................................
at
least
100
but
less
than
250
sites
S5........................................
at
least
250
but
less
than
1,000
sites
S6........................................
at
least
1,000
but
less
than
10,000
sites
S7........................................
10,000
or
more
sites
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­

*
*
*
*
*

Sec.
710.58
[
Amended]
0
6.
Section
710.58
is
amended
by
italizing
the
headings
for
paragraphs
(
b)
and
(
c)
and
changing
the
phrase
``
paragraphs
(
c)
and
(
d)''
to
``
paragraphs
(
b)
and
(
c)''
in
paragraph
(
d).
0
7.
Section
710.59
is
amended
by
revising
the
introductory
text
of
paragraph
(
c)
to
read
as
follows:

Sec.
710.59
Availability
of
reporting
form
and
instructions.

*
*
*
*
*
(
c)
Obtain
the
reporting
documents.
EPA
will
send
a
letter
with
instructions
describing
how
to
obtain
the
reporting
documents,
including
the
reporting
form
and
reporting
instructions,
to
those
submitters
that
reported
in
the
IUR
submission
period
that
occurred
immediately
prior
to
the
current
submission
period.
EPA
now
makes
the
reporting
documents
available
through
the
Internet,
at
http://
www.
epa.
gov/
oppt/
i
ur.
Failure
to
receive
such
a
letter
does
not
obviate
or
otherwise
affect
the
requirement
to
submit
a
timely
report.
If
you
did
not
receive
such
a
letter,
but
are
required
to
report,
you
may
obtain
a
copy
of
the
form
and
other
reporting
documents
from
EPA
by
submitting
a
request
for
this
information
as
follows:
*
*
*
*
*

[
FR
Doc.
04­
15353
Filed
7­
6­
04;
8:
45
am]

BILLING
CODE
6560­
50­
S
