81 FR 47311 - Hazardous Chemical Reporting: Community Right-to-Know; Revisions to Hazard Categories and Minor Corrections; Correction

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 140 (July 21, 2016)

Page Range		47311-47312
FR Document		2016-17277

The Environmental Protection Agency (EPA or the Agency) issued a final rule in the Federal Register on June 13, 2016 (81 FR 38104) amending its hazardous chemical reporting regulations. That document inadvertently omitted the hazard ``serious eye damage or eye irritation'' in Sec. 370.66 under the definition of ``health hazard''. This action corrects that definition.

Federal Register, Volume 81 Issue 140 (Thursday, July 21, 2016)

[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47311-47312]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17277]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 370

[EPA-HQ-SFUND-2010-0763; FRL 9949-05-OLEM]
RIN 2050-AG85


Hazardous Chemical Reporting: Community Right-to-Know; Revisions 
to Hazard Categories and Minor Corrections; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical amendment, correction.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) issued 
a final rule in the Federal Register on June 13, 2016 (81 FR 38104) 
amending its hazardous chemical reporting regulations. That document 
inadvertently omitted the hazard ``serious eye damage or eye 
irritation'' in Sec.  370.66 under the definition of ``health hazard''. 
This action corrects that definition.

DATES: Effective Date: This final rule is effective July 21, 2016.
    Compliance Date: The compliance date is January 1, 2018.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-SFUND-2010-0763. All documents in the docket are 
listed on the http://www.regulations.gov Web site. Although listed in 
the index, some information is not publicly available,

[[Page 47312]]

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 electronically 
through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Sicy Jacob, Office of Emergency 
Management, Mail Code 5104A, Environmental Protection Agency, 1200 
Pennsylvania Avenue NW., Washington DC 20004; telephone number: (202) 
564-8019; email address: [email protected].

SUPPLEMENTARY INFORMATION: EPA issued a final rule in the Federal 
Register of June 13, 2016 (81 FR 38104) amending its hazardous chemical 
regulations due to the changes in the Occupational Safety and Health 
Administration (OSHA) Hazard Communication Standard (HCS). The final 
rule inadvertently omitted the hazard ``serious eye damage or eye 
irritation'' in Sec.  370.66 under the definition of ``health hazard''. 
This action is being issued to correct the omitted hazard in 40 CFR 
370.66, which contains the definitions of the key words used in 40 CFR 
part 370. Specifically, under the definition of ``hazard category,'' 
EPA inadvertently omitted the hazard, ``serious eye damage or eye 
irritation'' under the definition of ``health hazard.'' This document 
corrects this error by adding the hazard, ``serious eye damage or eye 
irritation'' in 40 CFR 370.66 under the definition of ``health 
hazard.''

List of Subjects in 40 CFR Part 370

    Environmental protection, Extremely hazardous substances, GHS, 
Hazard categories, Hazard class, Hazardous chemicals, OSHA HCS, Tier II 
Inventory Form.

    Dated: July 12, 2016.
Mathy Stanislaus,
Assistant Administrator, Office of Land and Emergency Management.

    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is corrected as follows:

PART 370--HAZARDOUS CHEMICAL REPORTING: COMMUNITY RIGHT-TO-KNOW

0
1. The authority citation for part 370 continues to read as follows:

    Authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and 
329 of the Emergency Planning and Community Right-To-Know Act of 
1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613, 42 U.S.C. 11002, 
11021, 11022, 11042, 11044, 11045, 11047, 11048, and 11049).


0
2. Amend Sec.  370.66 by revising the definition of the term ``Hazard 
category'' to read as follows:


Sec.  370.66  How are key words in this part defined?

* * * * *
    Hazard category is divided into two categories, health and physical 
hazards.
    (1) Health hazard means a chemical which poses one of the following 
hazardous effects: Carcinogenicity; acute toxicity (any route of 
exposure); aspiration hazard; reproductive toxicity; germ cell 
mutagenicity; skin corrosion or irritation; respiratory or skin 
sensitization; serious eye damage or eye irritation; specific target 
organ toxicity (single or repeated exposure); simple asphyxiant; and 
hazard not otherwise classified (HNOC).
    (2) Physical hazard means a chemical which poses one of the 
following hazardous effects: Flammable (gases, aerosols, liquids or 
solids); gas under pressure; explosive; self-heating; pyrophoric 
(liquid or solid); pyrophoric gas; oxidizer (liquid, solid or gas); 
organic peroxide; self-reactive; in contact with water emits flammable 
gas; combustible dust; corrosive to metal; and hazard not otherwise 
classified (HNOC).
* * * * *
[FR Doc. 2016-17277 Filed 7-20-16; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations 47311

should assist in preventing confusion ‘‘Federal Actions to Address Dated: July 6, 2016.
with regard to the proper nomenclature Environmental Justice in Minority Richard P. Keigwin, Jr.,
for this particular active ingredient in Populations and Low-Income Director, Office of Pesticide Programs.
the future. EPA does not believe the Populations’’ (59 FR 7629, February 16,
Therefore, 40 CFR chapter I is
change from ‘‘fumosoroseus’’ to 1994).
Since tolerances and exemptions that amended as follows:
‘‘fumosorosea’’ will cause confusion
among the public as there is a clear are established on the basis of a petition PART 180—[AMENDED]
history linking the first term to the under FFDCA section 408(d), such as
second and because the names refer to the tolerance exemption in this action, ■ 1. The authority citation for part 180
the same microbe. do not require the issuance of a continues to read as follows:
proposed rule, the requirements of the
IV. References Regulatory Flexibility Act (RFA) (5 Authority: 21 U.S.C. 321(q), 346a and 371.
1. U.S. EPA. 2011. Isaria fumosorosea U.S.C. 601 et seq.) do not apply. ■ 2. Add § 180.1335 to subpart D to read
Apopka Strain 97; Exemption From This action directly regulates growers, as follows:
the Requirement of a Tolerance— food processors, food handlers, and food
Final Rule (Dated September 18, retailers, not States or tribes. As a result, § 180.1335 Isaria fumosorosea strain FE
2011). Available from https:// this action does not alter the 9901; exemption from the requirement of a
tolerance.
www.gpo.gov/fdsys/pkg/FR-2011- relationships or distribution of power
09-28/pdf/2011-24990.pdf. and responsibilities established by An exemption from the requirement
2. USDA. 2011. Agricultural Research Congress in the preemption provisions of a tolerance is established for residues
Service (ARS) Collection of of FFDCA section 408(n)(4). As such, of Isaria fumosorosea strain FE 9901 in
Entomopathogenic Fungal EPA has determined that this action will or on all food commodities when used
Cultures—Isaria Plus Paecilomyces, not have a substantial direct effect on in accordance with label directions and
Purpureocillium and Evlachovaea States or tribal governments, on the good agricultural practices.
(Dated July 28, 2011). Available relationship between the national [FR Doc. 2016–17275 Filed 7–20–16; 8:45 am]
from http://www.ars.usda.gov/ government and the States or tribal BILLING CODE 6560–50–P
sp2userfiles/place/80620510/ governments, or on the distribution of
arsefpdfs/isaria.july2011.pdf. power and responsibilities among the
3. Zimmermann G. 2008. The various levels of government or between ENVIRONMENTAL PROTECTION
entomopathogenic fungi Isaria the Federal Government and Indian AGENCY
farinosa (formerly Paecilomyces tribes. Thus, EPA has determined that
farinosus) and the Isaria Executive Order 13132, entitled 40 CFR Part 370
fumosorosea species complex ‘‘Federalism’’ (64 FR 43255, August 10, [EPA–HQ–SFUND–2010–0763; FRL 9949–
(formerly Paecilomyces 1999), and Executive Order 13175, 05–OLEM]
fumosoroseus): biology, ecology and entitled ‘‘Consultation and Coordination
use in biological control. Biocontrol RIN 2050–AG85
with Indian Tribal Governments’’ (65 FR
Science and Technology 18:865– 67249, November 9, 2000), do not apply
901. Available from http:// Hazardous Chemical Reporting:
to this action. In addition, this action Community Right-to-Know; Revisions
www.tandfonline.com/doi/abs/ does not impose any enforceable duty or
10.1080/09583150802471812. to Hazard Categories and Minor
contain any unfunded mandate as Corrections; Correction
V. Statutory and Executive Order described under Title II of the Unfunded
Reviews Mandates Reform Act (UMRA) (2 U.S.C. AGENCY: Environmental Protection
1501 et seq.). Agency (EPA).
This action establishes a tolerance This action does not involve any
exemption under FFDCA section 408(d) ACTION: Final rule; technical
technical standards that would require amendment, correction.
in response to a petition submitted to EPA’s consideration of voluntary
EPA. The Office of Management and consensus standards pursuant to section SUMMARY: The Environmental Protection
Budget (OMB) has exempted these types 12(d) of the National Technology Agency (EPA or the Agency) issued a
of actions from review under Executive Transfer and Advancement Act final rule in the Federal Register on
Order 12866, entitled ‘‘Regulatory (NTTAA) (15 U.S.C. 272 note). June 13, 2016 (81 FR 38104) amending
Planning and Review’’ (58 FR 51735, its hazardous chemical reporting
October 4, 1993). Because this action VI. Congressional Review Act
regulations. That document
has been exempted from review under Pursuant to the Congressional Review inadvertently omitted the hazard
Executive Order 12866, this action is Act (5 U.S.C. 801 et seq.), EPA will ‘‘serious eye damage or eye irritation’’ in
not subject to Executive Order 13211, submit a report containing this rule and § 370.66 under the definition of ‘‘health
entitled ‘‘Actions Concerning other required information to the U.S. hazard’’. This action corrects that
Regulations That Significantly Affect Senate, the U.S. House of definition.
Energy Supply, Distribution, or Use’’ (66 Representatives, and the Comptroller
FR 28355, May 22, 2001), or Executive General of the United States prior to DATES: Effective Date: This final rule is
Order 13045, entitled ‘‘Protection of publication of the rule in the Federal effective July 21, 2016.
Children from Environmental Health Register. This action is not a ‘‘major Compliance Date: The compliance
Risks and Safety Risks’’ (62 FR 19885, rule’’ as defined by 5 U.S.C. 804(2). date is January 1, 2018.
April 23, 1997). This action does not ADDRESSES: The EPA has established a
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contain any information collections List of Subjects in 40 CFR Part 180 docket for this action under Docket ID
subject to OMB approval under the Environmental protection, No. EPA–HQ–SFUND–2010–0763. All
Paperwork Reduction Act (PRA), 44 Administrative practice and procedure, documents in the docket are listed on
U.S.C. 3501 et seq., nor does it require Agricultural commodities, Pesticides the http://www.regulations.gov Web
any special considerations under and pests, Reporting and recordkeeping site. Although listed in the index, some
Executive Order 12898, entitled requirements. information is not publicly available,

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47312 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations

e.g., CBI or other information whose PART 370—HAZARDOUS CHEMICAL ACTION: Final rule; correction.
disclosure is restricted by statute. REPORTING: COMMUNITY RIGHT–TO–
Certain other material, such as KNOW SUMMARY: The Coast Guard is correcting
copyrighted material, is not placed on a final rule that appeared in the Federal
the Internet and will be publicly ■ 1. The authority citation for part 370 Register on June 20, 2016 (81 FR 40004).
available only in hard copy form. continues to read as follows: The document issued safety regulations
Publicly available docket materials are Authority: Sections 302, 311, 312, 322, governing the inspection, standards, and
available electronically through http:// 324, 325, 327, 328, and 329 of the Emergency safety management systems of towing
Planning and Community Right-To-Know vessels. In that document there are
www.regulations.gov. Act of 1986 (EPCRA) (Pub. L. 99–499, 100
Stat. 1613, 42 U.S.C. 11002, 11021, 11022, errors in three regulations that refer to
FOR FURTHER INFORMATION CONTACT: Sicy 11042, 11044, 11045, 11047, 11048, and the date July 20, 2016. This rule corrects
Jacob, Office of Emergency 11049). those errors.
Management, Mail Code 5104A,
■ 2. Amend § 370.66 by revising the DATES: Effective July 20, 2016.
Environmental Protection Agency, 1200
definition of the term ‘‘Hazard
Pennsylvania Avenue NW., Washington category’’ to read as follows: FOR FURTHER INFORMATION CONTACT:
DC 20004; telephone number: (202) Lieutenant Commander William
564–8019; email address: jacob.sicy@ § 370.66 How are key words in this part Nabach, Project Manager, CG–OES–2,
epa.gov. defined? Coast Guard, telephone 202–372–1386,
* * * * * email William.A.Nabach@uscg.mil.
SUPPLEMENTARY INFORMATION: EPA Hazard category is divided into two
issued a final rule in the Federal SUPPLEMENTARY INFORMATION:
categories, health and physical hazards.
Register of June 13, 2016 (81 FR 38104) (1) Health hazard means a chemical In FR Doc. 2016–12857 appearing on
amending its hazardous chemical which poses one of the following page 40004 in the Federal Register of
regulations due to the changes in the hazardous effects: Carcinogenicity; Monday, June 20, 2016, the following
Occupational Safety and Health acute toxicity (any route of exposure); corrections are made:
Administration (OSHA) Hazard aspiration hazard; reproductive toxicity;
germ cell mutagenicity; skin corrosion § 143.300 [Corrected]
Communication Standard (HCS). The
final rule inadvertently omitted the or irritation; respiratory or skin
■ 1. On page 40137, in the second
hazard ‘‘serious eye damage or eye sensitization; serious eye damage or eye
column, in § 143.300 Pressure Vessels,
irritation’’ in § 370.66 under the irritation; specific target organ toxicity
in paragraph (d), ‘‘Pressure vessels
definition of ‘‘health hazard’’. This (single or repeated exposure); simple
installed after July 20, 2016 must meet
asphyxiant; and hazard not otherwise
action is being issued to correct the the requirements of § 143.545.’’ is
classified (HNOC).
omitted hazard in 40 CFR 370.66, which (2) Physical hazard means a chemical corrected to read ‘‘Pressure vessels
contains the definitions of the key which poses one of the following installed after July 20, 2018, or the date
words used in 40 CFR part 370. hazardous effects: Flammable (gases, the vessel obtains a Certificate of
Specifically, under the definition of aerosols, liquids or solids); gas under Inspection (COI), whichever date is
‘‘hazard category,’’ EPA inadvertently pressure; explosive; self-heating; earlier, must meet the requirements of
omitted the hazard, ‘‘serious eye damage pyrophoric (liquid or solid); pyrophoric § 143.545.’’.
or eye irritation’’ under the definition of gas; oxidizer (liquid, solid or gas); § 144.105 [Corrected]
‘‘health hazard.’’ This document organic peroxide; self-reactive; in
corrects this error by adding the hazard, contact with water emits flammable gas; ■ 2. On page 40141, in the third column,
‘‘serious eye damage or eye irritation’’ in combustible dust; corrosive to metal; in § 144.105 Applicability and delayed
40 CFR 370.66 under the definition of and hazard not otherwise classified implementation, in paragraph (c), the
‘‘health hazard.’’ (HNOC). date ‘‘July 20, 2016’’ is corrected to read
* * * * * ‘‘July 20, 2017’’.
List of Subjects in 40 CFR Part 370 [FR Doc. 2016–17277 Filed 7–20–16; 8:45 am]
§ 144.135 [Corrected]
Environmental protection, Extremely BILLING CODE 6560–50–P

hazardous substances, GHS, Hazard ■ 3. On page 40142, in Table 144.135, in
categories, Hazard class, Hazardous paragraph (c), ‘‘A vessel on which a new
chemicals, OSHA HCS, Tier II Inventory DEPARTMENT OF HOMELAND installation that is not a ‘‘replacement in
Form. SECURITY kind’’ is to be made after July 20, 2016.’’
is corrected to read ‘‘A vessel on which
Dated: July 12, 2016. Coast Guard a new installation that is not a
Mathy Stanislaus, ‘‘replacement in kind.’’’’
Assistant Administrator, Office of Land and 46 CFR Parts 143 and 144
Dated: July 18, 2016.
Emergency Management. [Docket No. USCG–2006–24412] J.G. Lantz,
For the reasons stated in the RIN 1625–AB06 Director of Commercial Regulations and
preamble, title 40, chapter I of the Code Standards.
of Federal Regulations is corrected as Inspection of Towing Vessels [FR Doc. 2016–17224 Filed 7–20–16; 8:45 am]
follows: AGENCY: Coast Guard, DHS. BILLING CODE 9110–04–P
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Document Created: 2018-02-08 07:59:14
Document Modified: 2018-02-08 07:59:14

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; technical amendment, correction.
Dates		Effective Date: This final rule is effective July 21, 2016.
Contact		Sicy Jacob, Office of Emergency Management, Mail Code 5104A, Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington DC 20004; telephone number: (202)
FR Citation		81 FR 47311
RIN Number		2050-AG85
CFR Associated		Environmental Protection; Extremely Hazardous Substances; Ghs; Hazard Categories; Hazard Class; Hazardous Chemicals; Osha Hcs and Tier II Inventory Form