

[Federal Register: December 16, 2005 (Volume 70, Number 241)]
[Rules and Regulations]               
[Page 74696-74700]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de05-16]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 710

[EPA-HQ-OPPT-2005-0047; FRL-7732-6]
RIN 2070 AC61

 
TSCA Inventory Update Reporting Partially Exempted Chemicals List 
Addition of Certain Aluminum Alkyl Chemicals

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Direct final rule.

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SUMMARY:  EPA is taking direct final action to amend the Toxic 
Substances Control Act (TSCA) section 8(a) Inventory Update Reporting 
(IUR) regulations by adding 10 aluminum alkyl chemicals to the list of 
chemical substances in Sec.  710.46(b)(2)(iv) which are exempt from 
reporting processing and use information required by Sec.  
710.52(c)(4). EPA has determined that the IUR processing and use 
information for these chemicals is of low current interest. 
Manufacturers and importers of the chemicals listed in Sec.  
710.46(b)(2)(iv) must continue to report manufacturing information.

DATES:  This direct final rule is effective on February 14, 2006 
without further notice, unless EPA receives adverse comment by January 
17, 2006. If, however, EPA receives adverse comment, EPA will publish a 
Federal Register document to withdraw the direct final rule before the 
effective date.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2005-0047, 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 EPA-HQ-OPPT-2005-0047. 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 EPA-HQ-OPPT-
2005-0047. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online 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 theFederal Register of May 31, 
2002 (67 FR 38102) (FRL-7181-7).
    Docket: All documents in the docket are listed on the 
http://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 
athttp://www.regulations.gov/. Follow the on-line instructions.) 

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 Ave., NW., Washington, DC 20460; 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 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.
    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).

[[Page 74697]]

    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 athttp://www.epa.gov/fedrgstr/.
 A frequently updated electronic version of 40 CFR part 710 

is available at E-CFR Beta Site Two athttp://www.gpoaccess.gov/ecfr/.


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

    1. Submitting CBI. Do not submit confidential business information 
(CBI) 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 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 manufacturing, processing, and use exposure-
related information, and to make certain other changes. Minor 
corrections to the IUR regulation were made in July of 2004 (69 FR 
40787, July 7, 2004) (FRL-7332-3).
    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 TSCA section 5 
or 7. The standard for determining whether an entity qualifies as a 
small manufacturer for purposes of 40 CFR part 710 generally is defined 
in 40 CFR 704.3. Processors are not currently subject to the 
regulations at 40 CFR part 710.

B. What is the Inventory Update Reporting (IUR) Regulation?

    The data reported under the IUR regulation 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 
TSCA-related activities and to provide overall support for a number of 
EPA and other Federal health, safety, and environmental protection 
activities. The IUR regulation, as amended by the 2003 Amendments, 
requires 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 for a commercial purpose during the 
reporting year in quantities of 25,000 pounds or more at any single 
site they own or control. The IUR regulation generally excludes several 
categories of substances from its reporting requirements, i.e., 
polymers, microorganisms, naturally occurring chemical substances, and 
certain natural gas substances. Sites are required to report 
information such as company name, site location and other identifying 
information, identity and production volume of the reportable chemical 
substance, and manufacturing exposure-related information associated 
with each reportable chemical substance, including the physical form 
and maximum concentration of the chemical substance and the number of 
potentially exposed workers.
    Manufacturers (including importers) of larger volume chemicals 
(i.e., 300,000 lbs. or more manufactured during the reporting year at 
any 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

[[Page 74698]]

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, inorganic chemicals, regardless of 
production volume, are partially exempt (i.e., submitters do not report 
the processing and use information listed in 40 CFR 710.52(c)(4)). 
After the 2006 reporting period, the partial exemption for inorganic 
chemicals will no longer be applicable and submitters will report all 
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 during the 
2006 submission period as well as subsequent submission periods.

C. What is the ``Low Current Interest'' Partial Exemption and Petition 
Process?

    The 2003 Amendments established a partial exemption in 40 CFR 
710.46(b)(2) for certain chemicals for which EPA has determined that 
the IUR processing and use information is of ``low current interest.'' 
The current list of chemical substances which are subject to the low 
current interest exemption are identified at 40 CFR 710.46(b)(2)(iv). 
Persons who manufacture or import chemical substances listed in 40 CFR 
710.46(b)(2)(iv) are not required to report the processing and use 
information specified in 40 CFR 710.52(c)(4), but are required to 
comply with all other reporting obligations. The public may petition 
EPA to add a substance to, or delete a substance from, the list of 
chemicals partially exempt from reporting under 40 CFR 710.46(b)(2).
    In determining whether the partial exemption should apply to a 
particular chemical substance, EPA will consider the totality of 
information available for the chemical substance in question, including 
but not limited to information associated with one or more of the 
following considerations (see 40 CFR 710.46(b)(2)(ii)):
    (A) Whether the chemical qualifies or has qualified in past IUR 
collections for the reporting of the information described in 40 CFR 
710.52(c)(4) (i.e., at least one site manufactures 300,000 pounds or 
more of the chemical).
    (B) The chemical substance's chemical and physical properties or 
potential for persistence, bioaccumulation, health effects, or 
environmental effects (considered independently or together).
    (C) The information needs of EPA, other federal agencies, 
tribes, states, and local governments, as well as members of the 
public.
    (D) The availability of other complementary risk screening 
information.
    (E) The availability of comparable processing and use 
information.
    (F) Whether the potential risks of the chemical substance are 
adequately managed by EPA or another agency or authority.

    It is important to note that the addition of a chemical substance 
to the partial exemption list will not necessarily be based on the 
potential risks of the chemical, but on the Agency's current assessment 
of the need for collecting IUR processing and use information for that 
chemical, based upon the totality of information considered during the 
petition review process. Additionally, interest in a chemical or a 
chemical's processing and use information may increase in the future, 
at which time EPA will reconsider the applicability of this partial 
exemption for those chemicals.
    A petition to amend the list of chemicals partially exempt from 
reporting under 40 CFR 710.46(b)(2) (whether by adding or removing a 
chemical to or from the list) must be in writing, must identify the 
chemical in question, including a chemical identification number, and 
should provide sufficient information for EPA to determine whether 
collection of the information in Sec.  710.52(c)(4) for the chemical in 
question is of low interest. In an earlier Federal Register document 
(70 FR 3658, January 26, 2005) (FRL-7332-2), EPA proposed to further 
amend the IUR regulations to clarify the petition requirements. In that 
document, EPA explained that a petition must include a written 
rationale or justification to support the assertion that collecting 
processing and use information for the chemical substance is of low 
current interest. In addition, the proposal clarifies that the petition 
must be accompanied by relevant documents, and include specific 
citations to information in those documents. The proposed amendments 
also provide that the petitioner's rationale must include sufficient 
information upon which the Agency can assess the current need for IUR 
processing and use information and can make a decision concerning the 
reporting of that information for the subject chemical. Finally, the 
proposal clarifies that the burden of proof is on the petitioner to 
demonstrate why a given chemical substance should be considered of low 
current interest. The proposed rule has not yet been finalized.

D. What Action is the Agency Taking?

    Through this action, EPA is amending the list of chemical 
substances that are partially exempt from reporting requirements under 
the IUR regulation. EPA received a petition requesting the addition of 
the following chemicals to the list of substances in Sec.  
710.46(b)(2)(iv) (Ref. 1):
     Aluminum, chlorodiethyl- (CASRN 96-10-6)
     Aluminum, triethyl- (CASRN 97-93-8)
     Aluminum, tris(2-methylpropyl)- (CASRN 100-99-2)
     Aluminum, dichloroethyl- (CASRN 563-43-9)
     Aluminum, trioctyl- (CASRN 1070-00-4)
     Aluminum, tributyl- (CASRN 1116-70-7)
     Aluminum, trihexyl- (CASRN 1116-73-0)
     Aluminum, hydrobis(2-methylpropyl)- (CASRN 1191-15-7)
     Aluminum, di-.mu.-chlorochlorotriethyldi- (CASRN 12075-68-
2)
     Aluminum, trichlorotrimethyldi- (CASRN 12542-85-7)
The original petition submission was supplemented by additional 
information submitted by the petitioner in response to clarifying 
questions asked by the Agency (Ref. 2). The petitioner supplied 
sufficient information for EPA to identify a low current interest in 
the processing and use information associated with the 10 aluminum 
alkyl chemicals.
    EPA considered the information provided by the petitioner and 
determined that there is a low current interest in IUR processing and 
use information because exposure to these substances is not likely to 
occur due to their high and apparent reactivities, which require the 
use of preventive measures when handling the substances in order to 
eliminate the possibility of exposure or release. The reaction of these 
pyrophoric substances upon contact with air or water is very fast; the 
nature of the reaction is readily observable (i.e., flames); and the 
reaction results in a transformation of the aluminum alkyl into another 
chemical substance once exposed to water or air. Furthermore, use of 
these substances is very limited as intermediates in chemical 
synthesis. For all of these reasons, EPA determined that, at this time, 
collecting IUR processing and use information on these chemicals would 
not likely further our understanding of potential risks associated with 
them (Ref. 3).
    EPA received 23 non-CBI reports for these 10 chemicals in the 2002 
IUR

[[Page 74699]]

submission period. Since the 23 reports represent only a portion of the 
total number of reports received, EPA is estimating that 25 reports 
over 300,000 lbs for these 10 chemicals will be received. Removing the 
requirement to report processing and use information for 25 reports 
results in a cost savings of $135,776 to $146,546 in the first 
reporting cycle and $108,621 to $117,237 in future reporting cycles 
(Ref. 5).
    The Agency acknowledges that additional, unidentified information 
may exist. If you are in possession of information which is relevant to 
the Agency's decision to partially exempt the 10 substances listed in 
Unit II.D., please provide comments following the procedure listed in 
theADDRESSES unit.

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. This final rule will be effective on February 14, 2006 
without further notice unless the Agency receives adverse comment by 
January 17, 2006. If EPA receives adverse comment on this rulemaking, 
the Agency will publish a timely withdrawal in the Federal Register and 
will publish a notice of proposed rulemaking in a future issue of the 
Federal Register. The Agency will address the comments as part of that 
proposed rulemaking.

IV. Materials in the Rulemaking Record

    The public version of the official record for this rulemaking is 
contained in two separate dockets that can be accessed as described in 
theADDRESSES unit. Docket ID number EPA-HQ-OPPT-2005-0047 contains the 
main rulemaking record. Additionally, certain supporting records are 
contained in docket ID number EPA-HQ-OPPT-2004-0048, as identified in 
the listing contained in this unit. This record includes the documents 
located in the docket as well as the documents that are referenced in 
those documents.
    1. Letter from Kim Boudreaux, Albemarle Corporation, to OPPT 
Document Control Officer, EPA, December 24, 2003. Docket document 
number EPA-HQ-OPPT-2004-0048-0002.
    2. Letter from Kim Boudreaux, Albemarle Corporation, to OPPT 
Document Control Officer, EPA, April 1, 2005. Docket document number 
EPA-HQ-OPPT-2004-0048-0005.
    3. USEPA, ``IUR Petition Review Report for aluminum, chlorodiethyl- 
(CASRN 96-10-6); aluminum, triethyl- (CASRN 97-93-8); aluminum,tris(2-
methylpropyl)- (CASRN 100-99-2); aluminum, dichloroethyl- (CASRN 563-
43-9); aluminum, trioctyl- (CASRN 1070-00-4); aluminum, tributyl- 
(CASRN 1116-70-7); aluminum, trihexyl- (CASRN 1116-73-0); 
aluminum,hydrobis(2-methylpropyl)- (CASRN 1191-15-7); aluminum,di-.mu.-
chlorochlorotriethyldi- (CASRN 12075-68-2); aluminum, 
trichlorotrimethyldi- (CASRN 12542-85-7),'' April 25, 2005. Docket 
document number EPA-HQ-2004-0048-0007.
    4. USEPA, ``Cost Savings Estimate of Adding 10 Aluminum Alkyls to 
the 40 CFR 710.46(b)(2) Chemical Substance List,'' OPPT, April 28, 
2005.

V. Statutory and Executive Order Reviews

A. Executive Order 12866

    This direct final rule implements minor changes to 40 CFR part 710, 
resulting in burden and cost reduction. 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, 
entitledRegulatory Planning and Review (58 FR 51735, October 4, 1993).

B. Paperwork Reduction Act

    This direct final rule does not contain any information collections 
subject to OMB approval under the Paperwork Reduction Act (PRA), 44 
U.S.C. 3501et seq.

C. Regulatory Flexibility Act

    Since this action makes minor changes to 40 CFR part 710, resulting 
in burden reduction, 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.

D. Unfunded Mandates Reform Act

    This action does not 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).

E. Executive Order 13132

    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, entitledFederalism (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.

F. Executive Order 13175

    The Agency has determined that this rule does not have any ``tribal 
implications'' as described in Executive Order 13175, 
entitledConsultation 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.

G. Executive Order 13045

    This action does not require OMB review or any other Agency action 
under Executive Order 13045, entitledProtection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997).

H. Executive Order 13211

    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).

I. National Technology Transfer Advancement Act

    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

[[Page 74700]]

(NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 note).

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 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, Aluminum alkyl chemicals, Chemicals, 
Hazardous materials, Pyrophoric, Reporting and recordkeeping 
requirements.


    Dated: November 25, 2005.
Chareles M. Auer,
Director, Office of Pollution Prevention and Toxics.
    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 710.46 is amended by adding the following entries in 
ascending order to the table in paragraph (b)(2)(iv) to read as 
follows:


Sec.  710.46  Chemical substances for which information is not 
required.

* * * * *
    (b) * * *
    (2) * * *
    (iv) * * *

------------------------------------------------------------------------
                  CAS No.                             Chemical
------------------------------------------------------------------------
96-10-6...................................  Aluminum, chlorodiethyl-
97-93-8...................................  Aluminum, triethyl-
100-99-2..................................  Aluminum, tris(2-
                                             methylpropyl)-
                                * * * * *
563-43-9..................................  Aluminum, dichloroethyl-
1070-00-4.................................  Aluminum, trioctyl-
1116-70-7.................................  Aluminum, tributyl-
1116-73-0.................................  Aluminum, trihexyl-
1191-15-7.................................  Aluminum, hydrobis(2-
                                             methylpropyl)-
                                * * * * *
12075-68-2................................  Aluminum, di-.mu.-
                                             chlorochlorotriethyldi-
12542-85-7................................  Aluminum,
                                             trichlorotrimethyldi-
                                * * * * *
------------------------------------------------------------------------


[FR Doc. 05-24138 Filed 12-15-05; 8:45 am]

BILLING CODE 6560-50-S
