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Environmental Protection Agency Monday, November 3, 2008 Part II Environmental Protection Agency 40 CFR 355 and 370 Emergency Planning and Community Right-to-Know Act; Amendments to Emergency Planning and Notification; Emergency Release Notification and Hazardous Chemical Reporting; Final Rule VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\03NOR2.SGM 03NOR2 jlentini on PROD1PC65 with RULES2 65452 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations ENVIRONMENTAL PROTECTION copyrighted material, is not placed on B. Tier I and Tier II Inventory Forms and AGENCY the Internet and will be publicly Instructions available only in hard copy form. 1. Removal of Forms and Instructions From 40 CFR Parts 355 and 370 Publicly available docket materials are the Code of Federal Regulations 2. Revisions to the Forms and Instructions [EPA–HQ–SFUND–1998–0002; FRL–8733–5] available either electronically through C. Penalties for Noncompliance http://www.regulations.gov or in hard D. Additional Changes to Parts 355 and 370 RIN 2050–AE17 copy at the Superfund Docket, EPA/DC, Regulations EPA West, Room 3334, 1301 Emergency Planning and Community E. Definitions Constitution Ave., NW., Washington, III. Statutory and Executive Orders Right-to-Know Act; Amendments to DC. The Public Reading Room is open A. Executive Order 12866: Regulatory Emergency Planning and Notification; from 8:30 a.m. to 4:30 p.m., Monday Planning and Review Emergency Release Notification and through Friday, excluding legal B. Paperwork Reduction Act Hazardous Chemical Reporting holidays. The telephone number for the C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act AGENCY: Environmental Protection Public Reading Room is (202) 566–1744, E. Executive Order 13132 (Federalism) Agency (EPA). and the telephone number for the F. Executive Order 13175 (Consultation ACTION: Final rule. Superfund Docket is (202) 566–0276. and Coordination with Indian Tribal Governments) FOR FURTHER INFORMATION CONTACT: Sicy SUMMARY: EPA is finalizing changes to G. Executive Order 13045 the Emergency Planning Notification, Jacob, Office of Emergency H. Executive Order 13211 (Energy Effects) Emergency Release Notification and Management, Mail Code 5104A, I. National Technology Transfer and Hazardous Chemical Reporting Environmental Protection Agency, 1200 Advancement Act regulations that were proposed on June Pennsylvania Avenue, NW., J. Executive Order 12898: Federal Actions 8, 1998. EPA proposed four major Washington, DC 20004; telephone to Address Environmental Justice in Minority Populations and Low-Income revisions and provided draft guidance number: (202) 564–8019; fax number: (202) 564–2620; e-mail address: Populations on various reporting options that States K. Congressional Review Act and local agencies may wish to consider [email protected]. Also contact the in implementing the hazardous Superfund, TRI, EPCRA, RMP and Oil I. General Information Information Center at (800) 424–9346 or chemical reporting requirements. This A. Who is Affected by This Rule? action addresses only those changes (703) 412–9810 (in the Washington DC, proposed under the heading ‘‘Other metropolitan area). The Entities that would be affected by this Regulatory Changes’’ described in the Telecommunications Device for the Deaf rule are those organizations and preamble to the 1998 proposed rule. (TDD) number is (800) 553–7672 or facilities subject to the Emergency This final action includes minor (703) 412–3323 (in the Washington, DC, Planning and Community Right-to- revisions to the Emergency Planning metropolitan area.) You may wish to Know Act (EPCRA) and its Notification, Emergency Release visit the Office of Emergency implementing regulations found in 40 Notification and Hazardous Chemical Management (OEM) Internet site at CFR parts 355 and 370. To determine Reporting regulations, codifying http://www.epa.gov/emergencies. whether your facility is affected by this action, you should carefully examine statutory requirements, and clarifying SUPPLEMENTARY INFORMATION: Here are the sections below that explain who certain interpretations and policy the contents of today’s preamble. must comply with the rule. If you have statements that EPA has provided to the I. General Information regulated community. This final action questions regarding the applicability of A. Who is Affected by This Rule? this action to a particular entity, consult does not affect public access to any of B. What is the Statutory Authority for This the person listed in the preceding FOR the information provided under the Rule? Emergency Planning Notification, C. What is the Background for This FURTHER INFORMATION CONTACT section. Emergency Release Notification and Rulemaking? B. What is the Statutory Authority for Hazardous Chemical Reporting II. What are the Regulatory Changes in This This Rule? Rule? regulations. In addition to the regulatory This final rule is being issued under changes, the Agency is finalizing the A. Reporting of Mixtures Under EPCRA Sections 311 and 312 (40 CFR part 370) EPCRA, which was enacted as Title III plain language format of the regulations. 1. Background of the Proposed Revisions of the Superfund Amendments and Each section in these regulations will be for the Reporting of Mixtures Reauthorization Act (SARA) of 1986 re-numbered and tables will be added 2. Summary of the Proposed Revisions for (Pub. L. 99–499), (SARA). The Agency for further clarification. Improving the the Reporting of Mixtures relies on EPCRA section 328 for general clarity of the regulatory requirements 3. Organizational Changes to the Reporting rulemaking authority. will make the rule easier to understand of Mixtures in This Final Action and improve compliance. 4. Final Action on Proposed Revision (1): C. What is the Background of This Removing the Phrase ‘‘The Total DATES: This final rule is effective on Rulemaking? Quantity of the Mixture’’ From December 3, 2008. § 370.28(b)(2) Title III of SARA (EPCRA) establishes ADDRESSES: EPA has established a 5. Final Action on Proposed Revision (2): authorities for emergency planning and docket for this action under Docket ID Clarifying How To Determine the Total preparedness, emergency release No. EPA–SFUND–1998–0002. All Quantity of an EHS in Mixtures notification reporting, community right- documents in the docket are listed on 6. Final Action on Proposed Revision (3): to-know reporting, and toxic chemical the http://www.regulations.gov Web Adding a Provision for Determining the release reporting. It is intended to site. Although listed in the index, some Quantity of a Non-EHS Hazardous encourage State and local planning and Chemical Component in a Mixture information is not publicly available, 7. Final Action on Proposed Revision (4): preparedness for releases of extremely e.g., Confidential Business Information Adding a Provision for Determining the hazardous substances and to provide the (CBI) or other information whose Quantity of a Non-EHS Hazardous public, local governments, fire disclosure is restricted by statute. Chemical When Present in Pure Form departments and other emergency Certain other material, such as and in Mixtures officials with information concerning VerDate Aug<31>2005 17:19 Oct 31, 2008 Jkt 217001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\03NOR2.SGM 03NOR2 jlentini on PROD1PC65 with RULES2 Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Rules and Regulations 65453 chemical releases and the potential parts 355 and 370. Today’s action also: the inventory form is necessary for that chemical risks in their communities. (1) Re-writes the regulations in 40 CFR hazardous chemical. The implementing regulations for parts 355 and 370 in plain language, OSHA may require a facility owner or emergency planning, emergency release using a question and answer format; (2) operator to prepare or have available an notification and the chemicals subject to re-numbers and re-organizes each MSDS for a pure chemical, a mixture these regulations (Extremely Hazardous section in 40 CFR parts 355 and 370; and/or its hazardous components. Substances) are codified in 40 CFR part and (3) adds tables in order to improve Therefore, owners and operators of 355. The implementing regulations for the clarity and understanding of certain facilities subject to EPCRA sections 311 community right-to-know reporting (or reporting requirements. and 312 may have MSDSs for pure hazardous chemical reporting) are The proposed changes to determining chemicals, mixtures, and/or for codified in 40 CFR part 370. whether the thresholds have been met individual hazardous chemical On June 8, 1998, EPA published a or exceeded and reporting of mixtures components in those mixtures. For proposed rule (63 FR 31268) to under EPCRA sections 311 and 312 facilities that have only pure chemicals streamline the reporting requirements received the most comments. on site, determining if the total amount under EPCRA, in particular, sections Commenters generally supported the of a hazardous chemical is at or above 311 and 312. EPA proposed four major regulatory changes discussed in the June the reporting threshold is revisions and provided draft guidance 1998 preamble. Details on the straightforward. However, in many on various reporting options that State cases, facilities have mixtures that Emergency Response Commissions significant comments received on mixture reporting and certain other contain hazardous chemical (SERCs), Local Emergency Planning components,
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