

[Federal Register: September 11, 2006 (Volume 71, Number 175)]
[Rules and Regulations]               
[Page 53331-53335]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11se06-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 355

[EPA-HQ-SFUND-2005-0520; FRL-8217-4]
RIN 2050-AG32

 
Reportable Quantity Adjustment for Isophorone Diisocyanate

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to adjust the reportable quantity (RQ) for Isophorone 
Diisocyanate (IPDI). Reportable quantities for many Extremely Hazardous 
Substances (EHS) under the Emergency Planning and Community Right-to-
Know Act (EPCRA) were adjusted to their threshold planning quantities 
(TPQ) in a final rule on May 7, 1996. On September 8, 2003, EPA 
modified the TPQ for IPDI to 500 pounds.
    However, EPA inadvertently omitted an RQ adjustment for this 
substance. Therefore, EPA is now adjusting the RQ for IPDI to be 500 
pounds.

DATES: This final rule is effective on November 13, 2006, unless EPA 
receives adverse comments by October 11, 2006.

[[Page 53332]]

If adverse comment is received, EPA will publish a timely withdrawal of 
this direct final rule in the Federal Register informing the public 
that the rule will not take effect.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-SFUND-2005-0520. All documents in the docket are listed on 
the http://www.regulations.gov website. Although listed in the index, some 

information is not publicly available, e.g., 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 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 telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the 
Superfund Docket is (202) 566-0276. Note: The EPA Docket Center 
suffered damage due to flooding during the last week of June 2006. The 
Docket Center is continuing to operate. However, during the cleanup, 
there will be temporary changes to Docket Center telephone numbers, 
addresses, and hours of operation for people who wish to make hand 
deliveries or visit the Public Reading Room to view documents. Consult 
EPA's Federal Register notice at 71 FR 38147 (July 5, 2006) or the EPA 
Web site at http://www.epa.gov/epahome/dockets.htm for current 

information on docket operations, locations and telephone numbers. The 
Docket Center's mailing address for U.S. mail and the procedure for 
submitting comments to http://www.regulations.gov are not affected by the 

flooding and will remain the same.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Management, 5104A, Environmental Protection Agency, 1200 Pennsylvania 
Avenue NW.; telephone number: (202) 564-8019; fax number: (202) 564-
2620; e-mail address: jacob.sicy@epa.gov.

SUPPLEMENTARY INFORMATION: EPA is publishing this rule without prior 
proposal because we view the RQ adjustment for IPDI as non-
controversial. We anticipate no adverse comments since this adjustment 
is consistent with the approach we used in the May 7, 1996 final rule 
for setting RQs for other EHSs. We believe conforming the RQ to the TPQ 
will have no impact on human health and the environment since the TPQ 
methodology as explained in both the interim final rule (November 17, 
1986, 51 FR 41570) and the final rule (April 22, 1987, 52 FR 13378) is 
based on the possibility of harm from release.
    This direct final rule will be effective on November 13, 2006 
without further notice, unless we receive adverse comment by October 
11, 2006. In the ``Proposed Rules'' section of today's Federal Register 
publication, we are publishing a separate document that will serve as 
the proposal to adjust the RQ for IPDI, if adverse comments are filed. 
If EPA receives adverse comment on this chemical-specific RQ 
adjustment, we will publish a timely withdrawal in the federal Register 
and will address all public comments in a subsequent final rule based 
on the proposed rule. We will not institute a second comment period on 
this action. Any parties interested in commenting on this action must 
do so at this time.

I. What Is the Authority for This Action?

    Section 328 of the Emergency Planning and Community Right-to-Know 
Act (EPCRA) of 1986 authorizes the Administrator to issue regulations 
to carry out the statute, including EPCRA section 304.

II. What Is the General Background for This Action?

    The Emergency Planning and Community Right-to-Know Act (EPCRA) was 
established to encourage state and local planning and preparedness for 
spills or releases of Extremely Hazardous Substances (EHSs) and to 
provide the public and local governments with information concerning 
chemical releases and the potential chemical risks in their 
communities. EPCRA contains provisions requiring facilities to report 
the presence, use and releases of EHSs (described in sections 302 and 
304) and hazardous and toxic chemicals (described in sections 311, 312, 
and 313 respectively). The implementing regulations for these statutory 
requirements are codified in 40 CFR parts 355, 370 and 372.
    Section 302 of EPCRA directs EPA to publish the list of EHSs and 
their threshold planning quantities (TPQs). EPA published a final rule 
with the list of EHSs and their TPQs on April 22, 1987 (52 FR 13378). 
The list of EHS is defined in section 302(a)(2) as the ``list of 
substances published in November, 1985 by the Administrator in Appendix 
A of the Chemical Emergency Preparedness Program Interim Guidance.'' 
This list was established by EPA to identity chemical substances which 
could cause serious irreversible health effects from accidental 
releases (52 FR 13378). Under section 302, a facility which has present 
an EHS in excess of its TPQ must notify its state emergency response 
commission (SERC) and work with the local emergency planning committee 
(LEPC) on emergency planning activities.
    Section 304 of EPCRA requires immediate reporting of certain 
releases of EHSs and hazardous substances listed under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA) to SERCs and LEPCs, similar to the release reporting 
provisions of CERCLA section 103. A facility is required to notify the 
SERC and the LEPC if the release of an EHS or hazardous substance 
occurs at or above the reportable quantity (RQ). In the 1987 Federal 
Register notice, EPA also published the RQs for EHSs. Many of the EHSs 
are also listed as CERCLA hazardous substances and their RQs are 
established under CERCLA.
    CERCLA section 103 requires facilities to notify the national 
response center of any release of a hazardous substance in an amount 
equal to or in excess of its RQ. EPCRA section 304 notification is in 
addition to the CERCLA section 103 notification. Although similar, the 
purpose of both reporting requirements is somewhat different. 
Information derived from CERCLA section 103 can be used for Federal 
planning and coordination of response entities and for federal 
contingency plans. EPCRA reporting generally is designed to enhance 
local and state emergency response capability to protect the public in 
the event of dangerous chemical releases. The potential hazards posed 
by EHSs make state and local notification critical to effective and 
timely emergency response in the community.
    EPCRA section 304(a) provides that chemicals on the EHS list which 
do not have an RQ assigned to them by regulation will have a reportable 
quantity of l pound. Certain EHSs (i.e., those that are not also CERCLA 
hazardous substances with RQs assigned under CERCLA) were assigned the 
statutory RQ of one pound in the April, 1987 final rule. On August 30, 
1989 (54 FR 35988), EPA proposed to revise the RQs for these EHSs. In a 
final rule published on May 7, 1996, (61 FR 20473), EPA raised the 
statutory reportable quantities for these EHSs, assigning the RQ for 
each hazardous substance to be the same as their TPQs.

[[Page 53333]]

    In the May, 1996 final rule, EPA used the TPQ methodology to adjust 
the RQs (see 61 FR 20473). As explained in that rulemaking, the Agency 
believes EHS RQs should be based on a hazardous substance's potential 
for immediate effects; this approach reflects the fact that EPCRA 
reporting of EHS releases is required because EHSs are acutely toxic 
and can potentially pose an immediate hazard upon release. The TPQ 
methodology, designed specifically for EHSs, is based on such effects, 
utilizing a ``level of concern'' based upon short-term exposure 
concentrations that could lead to serious irreversible health effects. 
Where the TPQ for an EHS (that is not a CERCLA hazardous substance) 
represents a quantity that could cause serious health consequences if 
an accident were to occur with that quantity, the Agency believes it is 
appropriate to set the RQs for that EHS using a consistent risk-based 
approach. In this manner, the Agency can harmonize EHS reporting 
requirements for purposes of EPCRA section 302 (using TPQs) and EPCRA 
section 304 (using RQs).

III. What Is the Revision in This Action?

    On September 8, 2003 (68 FR 52978), EPA modified the TPQ for 
Isophorone Diisocyanate (IPDI) (CAS No. 4098-71-9) to 500 pounds. IPDI 
was one of the EHSs RQ that was adjusted using the TPQ methodology. 
When the TPQ for IPDI was modified in September 2003, EPA inadvertently 
did not make a corresponding RQ adjustment for IPDI. Currently, the RQ 
for this chemical is set at 100 pounds.
    The RQ should have been changed to be consistent with the adjusted 
TPQ, which is 500 pounds. Therefore, consistent with the approach 
described in the May, 1996 final rule, EPA is amending the rules to 
ensure the RQ for this chemical is the same as its TPQ.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and 
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
Rather, it reduces burden on those facilities that may have an 
accidental release of this chemical below 500 pounds. OMB has 
previously approved the information collection requirements contained 
in the existing regulations, 40 CFR part 355, under the provisions of 
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned 
OMB control number 2050-0092, EPA ICR No. 1395.06. A copy of the OMB 
approved Information Collection Request (ICR) may be obtained from 
Susan Auby, Collection Strategies Division; U. S. Environmental 
Protection Agency (2822T); 1200 Pennsylvania Avenue., NW., Washington, 
DC 20460 or by calling (202) 566-1672.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute, unless the agency certifies that the rule 
will not have a significant economic impact on a substantial number of 
small entities. Small entities include small businesses, small 
organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, a small entity is defined by the Small Business 
Administration by category of business using North American Industrial 
Classification System (NAICS) and codified at 13 CFR 121.201; (2) a 
small governmental jurisdiction that is a government of a city, county, 
town, school district or special district with a population of less 
than 50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's direct final rule 
on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
In determining whether a rule has a significant economic impact on a 
substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604. 
Thus, an agency may certify that a rule will not have a significant 
economic impact on a substantial number of small entities if the rule 
relieves regulatory burden, or otherwise has a positive economic effect 
on all of the small entities subject to the rule.
    This action does not have any significant economic impact on small 
entities. This action is intended to reduce burden on facilities that 
may have an accidental release of Isophorone Diisocyanate below 500 
pounds. We have therefore concluded that today's direct final rule will 
relieve regulatory burden for all affected small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year.
    Before promulgating an EPA rule for which a written statement is 
needed, section 205 of UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law.
    Moreover, section 205 allows EPA to adopt an alternative other than 
the least costly, most-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted.

[[Page 53334]]

    Before EPA establishes any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, it must have developed under section 203 of UMRA a small 
government agency plan. The plan must provide for notifying potentially 
affected small governments, enabling officials of affected small 
governments to have meaningful and timely input in the development of 
EPA regulatory proposals with significant Federal intergovernmental 
mandates, and informing, educating, and advising small governments on 
compliance with the regulatory requirements.
    EPA has determined that this action contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. As explained above, this action would reduce burden on 
those facilities that may have accidental releases of Isophorone 
Diisocyanate in small quantities. Therefore, we have determined that 
today's rule is not subject to the requirements of sections 202, 203 or 
205 of UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), 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 have federalism implications. It would not 
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, 
as specified in Executive Order 13132. This action would not preempt 
State law or regulations. Thus, Executive Order 13132 does not apply to 
this rule.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249), November 9, 2000, 
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 action does not have 
tribal implications, as specified in Executive Order 13175.
    This action is intended to reduce burden on regulated entities that 
may have releases of this chemical in small quantities. Thus, Executive 
Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866; and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency. EPA 
interprets Executive Order 13045 as applying only to those regulatory 
actions that are based on health or safety risks, such that the 
analysis required under section 5-501 of the Order has the potential to 
influence the regulation. This action is not subject to Executive Order 
13045 because the Agency does not have reason to believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children.

H. Executive Order 13211: Actions that Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    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) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards such as materials specifications, test methods, 
sampling procedures, and business practices that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through OMB, explanations when the Agency decides 
not to use available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, NTTAA 
does not apply.

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 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 publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 355

    Environmental Protection, Chemicals, Hazardous Substances, 
Extremely Hazardous Substances, Reportable Quantities.

    Dated: August 31, 2006.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, part 355 of title 40 of the 
Code of Federal Regulations is amended as follows:

PART 355--EMERGENCY PLANNING AND NOTIFICATION

0
1. The authority citation for part 355 continues to read as follows:

    Authority: 42 U.S.C. 11002, 11004, and 11048.

Appendix A--[Amended]

0
2. In Appendix A, the table is amended by revising the entry for CAS 
No.``4098-71-9'' (chemical name--Isophorone Diisocyanate) to read as 
follows:

Appendix A to Part 355--The List of Extremely Hazardous Substances and 
Their Threshold Planning Quantities

[[Page 53335]]



                                              [Alphabetical Order]
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                                                                                                      Threshold
                                                                                         Reportable    planning
            CAS No.                    Chemical name                   Notes              quantity     quantity
                                                                                          (pounds)     (pounds)
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                                                  * * * * * * *
4098-71-9......................  Isophorone Diisocyanate..  ..........................          500          500

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


0
3. In Appendix B, the table is amended by revising the entry for CAS 
No. ``4098-71-9'' (chemical name--Isophorone Diisocyanate) to read as 
follows:

Appendix B to Part 355--The List of Extremely Hazardous Substances and 
Their Threshold Planning Quantities

                                                 [CAS No. Order]
----------------------------------------------------------------------------------------------------------------
                                                                                                      Threshold
                                                                                         Reportable    planning
            CAS No.                    Chemical name                   Notes              quantity     quantity
                                                                                          (pounds)     (pounds)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
4098-71-9......................  Isophorone Diisocyanate..  ..........................          500          500

                                                  * * * * * * *
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[FR Doc. E6-14849 Filed 9-8-06; 8:45 am]

BILLING CODE 6560-50-P
