Federal Register
Vol. 75, No. 3
Wednesday, January 6, 2010
Vol. 75, No. 3
Wednesday, January 6, 2010
Note: Some pesticide notices were omitted from this issue: (click here, for complete listing).
There are 5 announcements in this issue
1. TOXICS - FRs [2 Announcements]. EPA. Exemption from the Requirement of a Tolerance: Choline chloride; and Dibenzylidene Sorbitol
2. TOXICS - FR. EPA. Extension of Tolerances for Emergency Exemptions (Multiple Chemicals)
3. TOXICS - FR. EPA. TSCA Section 5 Premanufacture and Significant New Use Notification Electronic Reporting; Revisions to Notification Regulations
4. TOXICS - FR. EPA. Acrylic acid–benzyl methacrylate–1–propanesulfonic acid, 2–methyl–2–[(1–oxo–2–propenyl)amino]–, monosodium salt copolymer
5. REMED - PR. EPA. Identification of Additional Classes of Facilities for Development of Financial Responsibility Requirements Under CERCLA Section 108(b); Chemical Manufacturing industry (NAICS 325), the Petroleum and Coal Products Manufacturing industry (NAICS 324), and the Electric Power Generation, Transmission, and Distribution industry (NAICS 2211)
CODES USED: THE FOLLOWING CODES ARE USED TO IDENTIFY THE TYPE OF ANNOUNCEMENT & ISSUE AREA.
REPORTING FORMAT: ISSUE CODE - TYPE CODE. AGENCY. ANNOUNCEMENT.
ISSUE CODES: AIR - Air; ALL - Cross-Media, ecosystems, Env. Justice; CLIMATE - Climate Change, Global Warming; DRINK - Drinking Water, SDWA, Underground Injection; ENERGY - Energy; GLAKES - Great Lakes; HAZ - Hazardous Waste, RCRA, HSWA, DOT/RSPA, Some Nuclear (NRC); LAND - Land Use, Forests; P2 - Pollution Prevention, Sustainability, Recycling, Pjt. XL; REMED - Remediation, Brownfields, Superfund; TANKS - AST, UST; TOXICS = Toxics, TRI, TSCA, Pesticides, Risks, RTK; TRANSPORT - Transportation; SOLID - Solid Waste, RCRA Subtitle D; WATER - Surface Water, NPS, NPDES, Wetlands; WILDLIFE = Wildlife, Biodiversity, Endangered Species.
TYPE CODES: ANPR - Advance Notice of Proposed Rulemaking; FR - Final Rule; FRD - Direct final rule; FRI - Interim final rule; ICR - Information Collection Request; ND - Notice of data, information, reports, etc. availability; NF - Notice of Fuding Opportunity; NM - Notice of Meeting; NS - Notice of administrative/court settlement; PR - Proposed Rule; ROD - Record of decision.
ANNOUNCEMENT 1
Subject: TOXICS - FRs [2 Announcements]. EPA. Exemption from the Requirement of a Tolerance: Choline chloride; and Dibenzylidene Sorbitol
ANNOUNCEMENT 3
Subject: TOXICS - FR. EPA. TSCA Section 5 Premanufacture and Significant New Use Notification Electronic Reporting; Revisions to Notification Regulations
[Federal Register: January 6, 2010 (Volume 75, Number 3)]
[Rules and Regulations]
[Page 773-790]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 700, 720, 721, 723, and 725
[EPA-HQ-OPPT-2008-0296; FRL-8794-5]
RIN 2070-AJ41
TSCA Section 5 Premanufacture and Significant New Use
Notification Electronic Reporting; Revisions to Notification
Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is amending Toxic Substances Control Act (TSCA) section 5
reporting regulations at 40 CFR parts 700, 720, 721, 723, and 725. The
amendments establish electronic reporting requirements for TSCA section
5 submissions. This action is intended to streamline and reduce the
administrative costs and burdens of TSCA section 5 notifications for
both industry and EPA by establishing standards and requirements for
the use of EPA's Central Data Exchange (CDX) to electronically submit
premanufacture notices (PMNs) and other TSCA section 5 notices and
support documents to the Agency. EPA is also amending TSCA section 5
user fee regulations by adding a new User Fee Payment Identity Number
field to the PMN form, to enable the Agency to match more easily a
particular user fee with its notice submission. Lastly, EPA is amending
the PMN form by removing the Agent signature block field, and thus the
requirement for designated agents to sign the form.
DATES: This final rule is effective April 6, 2010.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2008-0296. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.
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: Greg Schweer, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 564-8469; e-mail
address: schweer.greg@epa.gov.
[Rules and Regulations]
[Page 773-790]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 700, 720, 721, 723, and 725
[EPA-HQ-OPPT-2008-0296; FRL-8794-5]
RIN 2070-AJ41
TSCA Section 5 Premanufacture and Significant New Use
Notification Electronic Reporting; Revisions to Notification
Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is amending Toxic Substances Control Act (TSCA) section 5
reporting regulations at 40 CFR parts 700, 720, 721, 723, and 725. The
amendments establish electronic reporting requirements for TSCA section
5 submissions. This action is intended to streamline and reduce the
administrative costs and burdens of TSCA section 5 notifications for
both industry and EPA by establishing standards and requirements for
the use of EPA's Central Data Exchange (CDX) to electronically submit
premanufacture notices (PMNs) and other TSCA section 5 notices and
support documents to the Agency. EPA is also amending TSCA section 5
user fee regulations by adding a new User Fee Payment Identity Number
field to the PMN form, to enable the Agency to match more easily a
particular user fee with its notice submission. Lastly, EPA is amending
the PMN form by removing the Agent signature block field, and thus the
requirement for designated agents to sign the form.
DATES: This final rule is effective April 6, 2010.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2008-0296. All documents in the
docket are listed in the docket index available at http://
www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (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 in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.
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: Greg Schweer, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 564-8469; e-mail
address: schweer.greg@epa.gov.
ANNOUNCEMENT 5
Subject: REMED - PR. EPA. Identification of Additional Classes of Facilities for
Development of Financial Responsibility Requirements Under CERCLA Section 108(b); Chemical Manufacturing industry (NAICS 325), the Petroleum and Coal Products Manufacturing industry (NAICS 324), and the Electric Power Generation, Transmission, and Distribution industry (NAICS 2211)
[Federal Register: January 6, 2010 (Volume 75, Number 3)]
[Proposed Rules]
[Page 816-832]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 320
[EPA-HQ-SFUND-2009-0265; FRL-9100-5]
RIN 2050-AG56
Identification of Additional Classes of Facilities for
Development of Financial Responsibility Requirements Under CERCLA
Section 108(b)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Advance notice of proposed rulemaking (ANPRM).
-----------------------------------------------------------------------
SUMMARY: Section 108(b) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) of 1980, as amended,
establishes certain regulatory authorities concerning financial
responsibility requirements. Specifically, the statutory language
addresses the promulgation of regulations that require classes of
facilities to establish and maintain evidence of financial
responsibility consistent with the degree and duration of risk
associated with the production, transportation, treatment, storage, or
disposal of hazardous substances. In a July 28, 2009, Federal Register
notice, the Environmental Protection Agency (EPA or the Agency)
identified classes of facilities within the Hardrock Mining industry as
those for which the Agency will first develop financial responsibility
requirements under CERCLA Section 108(b). In that notice, EPA also
stated its belief that additional classes of facilities--that is, other
than those in the Hardrock Mining industry, also may warrant the
development of financial responsibility requirements under CERCLA
Section 108(b), and stated that EPA would publish a Federal Register
notice, by December 2009, identifying additional classes of facilities
it plans to evaluate regarding the development of financial
responsibility requirements. As a result of examining available data
and information, the Agency is identifying the classes of facilities
within three industries--that is, the Chemical Manufacturing industry
(NAICS 325), the Petroleum and Coal Products Manufacturing industry
(NAICS 324), and the Electric Power Generation, Transmission, and
Distribution industry (NAICS 2211), as those for which the Agency plans
to develop, as necessary, a proposed regulation identifying appropriate
financial responsibility requirements under CERCLA Section 108(b). EPA
will carefully examine specific activities, practices, and processes
involving hazardous substances at these facilities, as well as Federal
and State authorities, policies, and practices to determine the risks
posed by these classes of facilities and whether requirements under
CERCLA Section 108(b) will effectively reduce these risks.
In addition, this Federal Register notice identifies the Waste
Management and Remediation Services industry (NAICS 562), the Wood
Product Manufacturing industry (NAICS 321), the Fabricated Metal
Product Manufacturing (NAICS 332) industry, and the Electronics and
Electrical Equipment Manufacturing industry (NAICS 334 and 335), as
well as facilities engaged in the recycling of materials containing
CERCLA hazardous substances--as requiring further study before EPA
begins the regulatory development process. In identifying classes of
facilities within these industries in this notice, the Agency does not
intend to indicate that other classes in other industry sectors are no
longer being considered.
DATES: Submit comments on or before February 5, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2009-0834, by one of the following methods:
Electronic docket at: www.regulations.gov: Follow the on-
line instructions for submitting comments.
E-mail: Comments may be sent by electronic mail (e-mail)
to superfund.docket@epa.gov, Attention Docket ID No. EPA-HQ-SFUND-2009-
0834. In contrast to EPA's electronic public docket, EPA's e-mail
system is not an ``anonymous access'' system. If you send an e-mail
comment directly to the Docket without going through EPA's electronic
public docket, EPA's e-mail system automatically captures your e-mail
address. E-mail addresses that are automatically captured by EPA's e-
mail system are included as part of the comment that is placed in the
official public docket, and made available in EPA's electronic public
docket.
Fax: Comments may be faxed to 202-566-0272; Attention
Docket ID No. EPA-HQ-SFUND-2009-0834.
Mail: Send your comments to the Identification of
Additional Classes of Facilities for Development of Financial
Responsibility Requirements under CERCLA Section 108(b) Docket,
Attention Docket ID No., EPA-HQ-SFUND-2009-0834, Environmental
Protection Agency, Mailcode: 5305T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a total of two copies.
Hand Delivery: Deliver two copies of your comments to the
Identification of Additional Classes of Facilities for Development of
Financial Responsibility Requirements under CERCLA Section 108(b)
Docket, Attention Docket ID No., EPA-HQ-SFUND-2009-0834, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
FOR FURTHER INFORMATION CONTACT: For more information on this notice,
contact Ben Lesser, U.S. Environmental Protection Agency, Office of
Resource Conservation and Recovery, Mail Code 5302P, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone (703) 308-0314; or (e-mail)
Lesser.Ben@epa.gov; or Barbara Foster, U.S. Environmental Protection
Agency, Office of Resource Conservation and Recovery, Mail Code 5303P,
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone (703) 308-
7057; or (e-mail) Foster.Barbara@epa.gov.
[Proposed Rules]
[Page 816-832]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 320
[EPA-HQ-SFUND-2009-0265; FRL-9100-5]
RIN 2050-AG56
Identification of Additional Classes of Facilities for
Development of Financial Responsibility Requirements Under CERCLA
Section 108(b)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Advance notice of proposed rulemaking (ANPRM).
-----------------------------------------------------------------------
SUMMARY: Section 108(b) of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) of 1980, as amended,
establishes certain regulatory authorities concerning financial
responsibility requirements. Specifically, the statutory language
addresses the promulgation of regulations that require classes of
facilities to establish and maintain evidence of financial
responsibility consistent with the degree and duration of risk
associated with the production, transportation, treatment, storage, or
disposal of hazardous substances. In a July 28, 2009, Federal Register
notice, the Environmental Protection Agency (EPA or the Agency)
identified classes of facilities within the Hardrock Mining industry as
those for which the Agency will first develop financial responsibility
requirements under CERCLA Section 108(b). In that notice, EPA also
stated its belief that additional classes of facilities--that is, other
than those in the Hardrock Mining industry, also may warrant the
development of financial responsibility requirements under CERCLA
Section 108(b), and stated that EPA would publish a Federal Register
notice, by December 2009, identifying additional classes of facilities
it plans to evaluate regarding the development of financial
responsibility requirements. As a result of examining available data
and information, the Agency is identifying the classes of facilities
within three industries--that is, the Chemical Manufacturing industry
(NAICS 325), the Petroleum and Coal Products Manufacturing industry
(NAICS 324), and the Electric Power Generation, Transmission, and
Distribution industry (NAICS 2211), as those for which the Agency plans
to develop, as necessary, a proposed regulation identifying appropriate
financial responsibility requirements under CERCLA Section 108(b). EPA
will carefully examine specific activities, practices, and processes
involving hazardous substances at these facilities, as well as Federal
and State authorities, policies, and practices to determine the risks
posed by these classes of facilities and whether requirements under
CERCLA Section 108(b) will effectively reduce these risks.
In addition, this Federal Register notice identifies the Waste
Management and Remediation Services industry (NAICS 562), the Wood
Product Manufacturing industry (NAICS 321), the Fabricated Metal
Product Manufacturing (NAICS 332) industry, and the Electronics and
Electrical Equipment Manufacturing industry (NAICS 334 and 335), as
well as facilities engaged in the recycling of materials containing
CERCLA hazardous substances--as requiring further study before EPA
begins the regulatory development process. In identifying classes of
facilities within these industries in this notice, the Agency does not
intend to indicate that other classes in other industry sectors are no
longer being considered.
DATES: Submit comments on or before February 5, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2009-0834, by one of the following methods:
line instructions for submitting comments.
to superfund.docket@epa.gov, Attention Docket ID No. EPA-HQ-SFUND-2009-
0834. In contrast to EPA's electronic public docket, EPA's e-mail
system is not an ``anonymous access'' system. If you send an e-mail
comment directly to the Docket without going through EPA's electronic
public docket, EPA's e-mail system automatically captures your e-mail
address. E-mail addresses that are automatically captured by EPA's e-
mail system are included as part of the comment that is placed in the
official public docket, and made available in EPA's electronic public
docket.
Docket ID No. EPA-HQ-SFUND-2009-0834.
Additional Classes of Facilities for Development of Financial
Responsibility Requirements under CERCLA Section 108(b) Docket,
Attention Docket ID No., EPA-HQ-SFUND-2009-0834, Environmental
Protection Agency, Mailcode: 5305T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a total of two copies.
Identification of Additional Classes of Facilities for Development of
Financial Responsibility Requirements under CERCLA Section 108(b)
Docket, Attention Docket ID No., EPA-HQ-SFUND-2009-0834, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
FOR FURTHER INFORMATION CONTACT: For more information on this notice,
contact Ben Lesser, U.S. Environmental Protection Agency, Office of
Resource Conservation and Recovery, Mail Code 5302P, 1200 Pennsylvania
Ave., NW., Washington, DC 20460; telephone (703) 308-0314; or (e-mail)
Lesser.Ben@epa.gov; or Barbara Foster, U.S. Environmental Protection
Agency, Office of Resource Conservation and Recovery, Mail Code 5303P,
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone (703) 308-
7057; or (e-mail) Foster.Barbara@epa.gov.
