81 FR 85440 - Addition of Hexabromocyclododecane (HBCD) Category; Community Right-to-Know Toxic Chemical Release Reporting
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 228 (November 28, 2016)
Federal Register Volume 81, Issue 228 (November 28, 2016)
| Page Range | 85440-85445 | |
| FR Document | 2016-28102 |
[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)] [Rules and Regulations] [Pages 85440-85445] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28102] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 372 [EPA-HQ-TRI-2015-0607; FRL-9953-28] RIN 2025-AA42 Addition of Hexabromocyclododecane (HBCD) Category; Community Right-to-Know Toxic Chemical Release Reporting AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: EPA is adding a hexabromocyclododecane (HBCD) category to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA). EPA is adding this chemical category to the EPCRA section 313 list because EPA has determined that HBCD meets the EPCRA section 313(d)(2)(B) and (C) toxicity criteria. Specifically, EPA has determined that HBCD can reasonably be anticipated to cause developmental and reproductive effects in humans and is highly toxic to aquatic and terrestrial organisms. In addition, based on the available bioaccumulation and persistence data, EPA has determined that HBCD should be classified as a persistent, bioaccumulative, and toxic (PBT) chemical and assigned a 100-pound reporting threshold. DATES: Effective Date: This final rule is effective November 30, 2016. Applicability date: This final rule will apply for the reporting year beginning January 1, 2017 (reports due July 1, 2018). ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-HQ-TRI-2015-0607. All documents in the docket are listed on http://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information 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. Additional instructions on visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: [[Page 85441]] For technical information contact: Daniel R. Bushman, Toxics Release Inventory Program Division (7410M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 566-0743; email: [email protected]. For general information contact: The EPCRA Hotline; telephone numbers: Toll free at (800) 424-9346 (select menu option 3) or (703) 412-9810 in Washington DC and International; or toll free, TDD (800) 553-7672; or go to http://www.epa.gov/superfund/contacts/infocenter/. SUPPLEMENTARY INFORMATION: I. General Information A. Does this document apply to me? You may be potentially affected by this action if you manufacture, process, or otherwise use HBCD. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include:Facilities included in the following NAICS manufacturing codes (corresponding to Standard Industrial Classification (SIC) codes 20 through 39): 311*, 312*, 313*, 314*, 315*, 316, 321, 322, 323*, 324, 325*, 326*, 327, 331, 332, 333, 334*, 335*, 336, 337*, 339*, 111998*, 211112*, 212324*, 212325*, 212393*, 212399*, 488390*, 511110, 511120, 511130, 511140*, 511191, 511199, 512220, 512230*, 519130*, 541712*, or 811490*. *Exceptions and/or limitations exist for these NAICS codes. Facilities included in the following NAICS codes (corresponding to SIC codes other than SIC codes 20 through 39): 212111, 212112, 212113 (corresponds to SIC code 12, Coal Mining (except 1241)); or 212221, 212222, 212231, 212234, 212299 (corresponds to SIC code 10, Metal Mining (except 1011, 1081, and 1094)); or 221111, 221112, 221113, 221118, 221121, 221122, 221330 (Limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce) (corresponds to SIC codes 4911, 4931, and 4939, Electric Utilities); or 424690, 425110, 425120 (Limited to facilities previously classified in SIC code 5169, Chemicals and Allied Products, Not Elsewhere Classified); or 424710 (corresponds to SIC code 5171, Petroleum Bulk Terminals and Plants); or 562112 (Limited to facilities primarily engaged in solvent recovery services on a contract or fee basis (previously classified under SIC code 7389, Business Services, NEC)); or 562211, 562212, 562213, 562219, 562920 (Limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C. 6921 et seq.) (corresponds to SIC code 4953, Refuse Systems). Federal facilities. To determine whether your facility would be affected by this action, you should carefully examine the applicability criteria in part 372, subpart B of Title 40 of the Code of Federal Regulations. If you have questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What action is the Agency taking? EPA is adding an HBCD category to the list of toxic chemicals subject to reporting under EPCRA section 313 and PPA section 6607. EPA is adding this chemical category to the EPCRA section 313 list because EPA has determined that HBCD meets the EPCRA section 313(d)(2)(B) and (C) toxicity criteria. EPA is also adding the HBCD category to the list of chemicals with special concern (see 40 CFR 372.28(a)(2)) and establishing a 100-pound reporting threshold. C. What is the Agency's authority for taking this action? This action is issued under EPCRA sections 313(d) and 328, 42 U.S.C. 11023 et seq., and PPA section 6607, 42 U.S.C. 13106. EPCRA is also referred to as Title III of the Superfund Amendments and Reauthorization Act of 1986. Section 313 of EPCRA, 42 U.S.C. 11023, requires certain facilities that manufacture, process, or otherwise use listed toxic chemicals in amounts above reporting threshold levels to report their environmental releases and other waste management quantities of such chemicals annually. These facilities must also report pollution prevention and recycling data for such chemicals, pursuant to section 6607 of the PPA, 42 U.S.C. 13106. Congress established an initial list of toxic chemicals that comprised 308 individually listed chemicals and 20 chemical categories. EPCRA section 313(d) authorizes EPA to add or delete chemicals from the list and sets criteria for these actions. EPCRA section 313(d)(2) states that EPA may add a chemical to the list if any of the listing criteria in EPCRA section 313(d)(2) are met. Therefore, to add a chemical, EPA must demonstrate that at least one criterion is met, but need not determine whether any other criterion is met. Conversely, to remove a chemical from the list, EPCRA section 313(d)(3) dictates that EPA must demonstrate that none of the criteria in EPCRA section 313(d)(2) are met. The listing criteria in EPCRA section 313(d)(2)(A)- (C) are as follows: The chemical is known to cause or can reasonably be anticipated to cause significant adverse acute human health effects at concentration levels that are reasonably likely to exist beyond facility site boundaries as a result of continuous, or frequently recurring, releases. The chemical is known to cause or can reasonably be anticipated to cause in humans: Cancer or teratogenic effects, or serious or irreversible reproductive dysfunctions, neurological disorders, heritable genetic mutations, or other chronic health effects. The chemical is known to cause or can be reasonably anticipated to cause, because of its toxicity, its toxicity and persistence in the environment, or its toxicity and tendency to bioaccumulate in the environment, a significant adverse effect on the environment of sufficient seriousness, in the judgment of the Administrator, to warrant reporting under this section. EPA often refers to the EPCRA section 313(d)(2)(A) criterion as the ``acute human health effects criterion;'' the EPCRA section 313(d)(2)(B) criterion as the ``chronic human health effects criterion;'' and the EPCRA section 313(d)(2)(C) criterion as the ``environmental effects criterion.'' EPA published in the Federal Register of November 30, 1994 (59 FR 61432) (FRL-4922-2), a statement clarifying its interpretation of the EPCRA section 313(d)(2) and (d)(3) criteria for modifying the EPCRA section 313 list of toxic chemicals. II. Summary of Proposed Rule A. What chemical did EPA propose to add to the EPCRA section 313 list of toxic chemicals? As discussed in the proposed rule June 2, 2016 (81 FR 35275) (FRL- 9943-55), EPA proposed to add HBCD which is a cyclic aliphatic hydrocarbon consisting of a 12-membered carbon ring with 6 bromine atoms attached (molecular formula C 12 H18 Br6 ). HBCD has 16 possible stereoisomers. HBCD may be designated as a non-specific mixture of all isomers (hexabromocyclododecane, Chemical Abstracts Service Registry Number (CASRN) 25637-99-4) or as a mixture of the three main diastereomers [[Page 85442]] (1,2,5,6,9,10-hexabromocyclododecane, CASRN 3194-55-6). EPA proposed to create an HBCD category that would cover these two chemical names and CASRNs and would be defined as: Hexabromocyclododecane, includes those chemicals covered by the following CAS numbers:3194-55-6; 1,2,5,6,9,10-Hexabromocyclododecane 25637-99-4; Hexabromocyclododecane. As a category, facilities that manufacture, process, or otherwise use HBCD covered under both of these names and CASRNs would file just one report. B. What reporting threshold did EPA propose to establish for the HBCD category? As EPA stated in the proposed rule June 2, 2016 (81 FR 35275) (FRL- 9943-55), EPA proposed to add the HBCD category to the list of chemicals of special concern (see 40 CFR 372.28(a)(2)). There are several chemicals and chemical categories on the EPCRA section 313 chemical list that have been classified as chemicals of special concern because they are PBT chemicals. In a final rule published in the Federal Register of October 29, 1999 (64 FR 58666) (FRL-6389-11), EPA established the PBT classification criteria for chemicals on the EPCRA section 313 chemical list. The data presented in the proposed rule supported classifying the HBCD category as a PBT chemical category with a 100-pound reporting threshold. C. What was EPA's rationale for proposing to list the HBCD category? As discussed in the proposed rule June 2, 2016 (81 FR 35275) (FRL- 9943-55), HBCD has been shown to cause developmental effects at doses as low as 146.3 milligrams per kilogram per day (mg/kg/day) lowest- observed-adverse-effect level (LOAEL) in male rats. Developmental effects have also been observed with a benchmark dose lower bound confidence limit (BMDL) of 0.056 mg/kg/day (benchmark dose (BMD) of 0.18 mg/kg/day) based on effects in female rats and a BMDL of 0.46 mg/ kg/day (BMD of 1.45 mg/kg/day) based on effects in male rats. HBCD also causes reproductive toxicity at doses as low 138 mg/kg/day (LOAEL) in female rats. Based on the available developmental and reproductive toxicity, EPA stated that HBCD can be reasonably anticipated to cause moderately high to high chronic toxicity in humans. EPA stated that the evidence was sufficient for listing the HBCD category on the EPCRA section 313 toxic chemical list pursuant to EPCRA section 313(d)(2)(B) based on the available developmental and reproductive toxicity data. As also discussed in the proposed rule, HBCD has been shown to be highly toxic to both aquatic and terrestrial species with acute aquatic toxicity values as low as 0.009 milligrams per liter (mg/L) and chronic aquatic toxicity values as low as 0.0042 mg/L. HBCD is highly toxic to terrestrial species as well with observed toxic doses as low as 0.51 and 2.1 mg/kg/day. In addition to being highly toxic, HBCD is also bioaccumulative and persistent in the environment, which further supports a high concern for the toxicity to aquatic and terrestrial species. EPA stated that HBCD meets the EPCRA section 313(d)(2)(C) listing criteria on toxicity alone but also based on toxicity and bioaccumulation as well as toxicity and persistence in the environment. Therefore, EPA stated that the evidence is sufficient for listing the HBCD category on the EPCRA section 313 toxic chemical list pursuant to EPCRA section 313(d)(2)(C) based on the available ecological toxicity data as well as the bioaccumulation and persistence data. D. What was EPA's rationale for lowering the reporting threshold for HBCD? EPA stated in the proposed rule that the available bioaccumulation and persistence data for HBCD support a classification of HBCD as a PBT chemical June 2, 2016 (81 FR 35275) (FRL-9943-55). HBCD has been shown to be highly bioaccumulative in aquatic species and to also biomagnify in aquatic and terrestrial food chains. While there is limited data on the half-life of HBCD in soil and sediment, the best available data supports a determination that the half-life of HBCD in soil and sediment is at least 2 months. This determination is further supported by the data from environmental monitoring studies, which indicate that HBCD has significant persistence in the environment. The widespread presence of HBCD in numerous terrestrial and aquatic species also supports the conclusion that HBCD has significant persistence in the environment. Therefore, consistent with EPA's established policy for PBT chemicals (See 64 FR 58666, October 29, 1999) (FRL-6389-11) EPA proposed to establish a 100-pound reporting threshold for the HBCD category. III. What comments did EPA receive on the proposed rule? EPA received three comments on the proposed rule, two from individuals (Refs. 1 and 2) and one from a coalition of environmental and public interest groups and individuals (the coalition) (Ref. 3). All commenters supported the addition of the HBCD category to the EPCRA section 313 toxic chemical list. However, in their comments the coalition stated that HBCD is highly bioaccumulative and highly persistent and based on EPA's PBT classification criteria, a reporting threshold of 10 pounds should be established for the HBCD category. EPA provided the following background information in the proposed rule: ``In a final rule published in the Federal Register of October 29, 1999 (64 FR 58666) (FRL-6389-11), EPA established the PBT classification criteria for chemicals on the EPCRA section 313 chemical list. For purposes of EPCRA section 313 reporting, EPA established persistence half-life criteria for PBT chemicals of 2 months in water/ sediment and soil and 2 days in air, and established bioaccumulation criteria for PBT chemicals as a bioconcentration factor (BCF) or bioaccumulation factor (BAF) of 1,000 or higher. Chemicals meeting the PBT criteria were assigned 100-pound reporting thresholds. With regards to setting the EPCRA section 313 reporting thresholds, EPA set lower reporting thresholds (10 pounds) for those PBT chemicals with persistence half-lives of 6 months or more in water/sediment or soil and with BCF or BAF values of 5,000 or higher, these chemicals were considered highly PBT chemicals. The data presented in this proposed rule support classifying the HBCD category as a PBT chemical category with a 100-pound reporting threshold.'' June 2, 2016 (81 FR 35277) (FRL-9943-55). EPA agrees with the commenter that HBCD is highly bioaccumulative but does not agree that HBCD meets the established criteria for highly persistent. The commenter stated that ``While half-life data is limited, several studies estimate the half-life in sediment and soil to be greater than 120 days, while one study estimates a half-life of 190 days in abiotic sediment.'' The study that the commenter cited as estimating a half-life of 190 days in abiotic sediment was Davis et al. 2005 (Ref. 4), which, as EPA discussed in the proposed rule, is a study that had a number of problems. For example, EPA noted that: ``Additionally, the Davis et al. 2005 study (Ref. 96) was considered to be of [[Page 85443]] uncertain reliability for quantifying HBCD persistence because of concerns regarding potential contamination of sediment samples, an interfering peak corresponding to [gamma]-HBCD in the liquid chromatography/mass spectrometry (LC/MS) chromatograms, and poor extraction of HBCD leading to HBCD recoveries of 33-125% (Refs. 44 and 101).'' June 2, 2016 (81 FR 35284). A better-conducted subsequent study by the same authors Davis et al. 2006 (Ref. 5) resulted in longer overall half-life values but no specific value equal to or above 180 days. As stated in the proposed rule, ``While there is limited data on the half-life of HBCD in soil and sediment, the best available data supports a determination that the half-life of HBCD in soil and sediment is at least 2 months.'' EPA does not believe that it would be appropriate to set a lower reporting threshold based on one half-life value of 190 days from a study that had a number of identified problems. IV. Summary of Final Rule EPA is finalizing the addition of an HBCD category to the EPCRA section 313 list of toxic chemicals. EPA has determined that HBCD meets the listing criteria under EPCRA section 313(d)(2)(B) and (C). The HBCD category will be defined as: Hexabromocyclododecane (This category includes only those chemicals covered by the CAS numbers listed here) 3194-55-6; 1,2,5,6,9,10-Hexabromocyclododecane 25637-99-4; Hexabromocyclododecane. EPA is also finalizing the addition of the HBCD category to the list of chemicals with special concern (see 40 CFR 372.28(a)(2)) and establishing a 100-pound reporting threshold. EPA has determined that the data support classifying the HBCD category as a PBT chemical category with a 100-pound reporting threshold. V. References The following is a listing of the documents that are specifically referenced in this document. The docket includes these documents and other information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not itself physically located in the docket. For assistance in locating these other documents, please consult the person listed under FOR FURTHER INFORMATION CONTACT. 1. Comment submitted by M. Clark. July 22, 2016. EPA-HQ-TRI- 2015-0607-0217. 2. Anonymous public comment. July 31, 2016. EPA-HQ-TRI-2015- 0607-0218. 3. Comment submitted by E. Gartner, Staff Attorney, Earthjustice et al. Re: Addition of Hexabromocyclododecane (HBCD) Category; Community Right-to-Know Toxic Chemical Release Reporting, August 1, 2016. EPA-HQ-TRI-2015-0607-0219. 4. Davis, J.W., Gonsior, S.J., Marty, G.T., et al. 2005. The transformation of hexabromocyclododecane in aerobic and anaerobic soils and aquatic sediments. Water Res. 39:1075-1084. 5. Davis, J.W., Gonsior, S.J., Markham, D.A., et al. 2006. Biodegradation and product identification of [\14\C]hexabromocyclododecane in wastewater sludge and freshwater aquatic sediment. Environ. Sci. Technol. 40:5395-5401. Including supporting information document. 6. USEPA, OCSPP. 2016. Economic Analysis of the Final Rule to add HBCD to the List of TRI Reportable Chemicals. August 10, 2016. VI. What are the Statutory and Executive Orders reviews associated with this action? Additional information about these statutes and Executive Orders can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011). B. Paperwork Reduction Act (PRA) This action does not contain any new information collection requirements that require additional approval by OMB under the PRA, 44 U.S.C. 3501 et seq. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control numbers 2025-0009 and 2050-0078. Currently, the facilities subject to the reporting requirements under EPCRA section 313 and PPA section 6607 may use either EPA Toxic Chemicals Release Inventory Form R (EPA Form 1B9350-1), or EPA Toxic Chemicals Release Inventory Form A (EPA Form 1B9350-2). The Form R must be completed if a facility manufactures, processes, or otherwise uses any listed chemical above threshold quantities and meets certain other criteria. For the Form A, EPA established an alternative threshold for facilities with low annual reportable amounts of a listed toxic chemical. A facility that meets the appropriate reporting thresholds, but estimates that the total annual reportable amount of the chemical does not exceed 500 pounds per year, can take advantage of an alternative manufacture, process, or otherwise use threshold of 1 million pounds per year of the chemical, provided that certain conditions are met, and submit the Form A instead of the Form R. Since the HBCD category would be classified a PBT category, it is designated as a chemical of special concern, for which Form A reporting is not allowed. In addition, respondents may designate the specific chemical identity of a substance as a trade secret pursuant to EPCRA section 322, 42 U.S.C. 11042, 40 CFR part 350. OMB has approved the reporting and recordkeeping requirements related to Forms A and R, supplier notification, and petitions under OMB Control number 2025-0009 (EPA Information Collection Request (ICR) No. 1363) and those related to trade secret designations under OMB Control 2050-0078 (EPA ICR No. 1428). As provided in 5 CFR 1320.5(b) and 1320.6(a), 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 relevant to EPA's regulations are listed in 40 CFR part 9 or 48 CFR chapter 15, and displayed on the information collection instruments (e.g., forms, instructions). C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA, 5 U.S.C. 601 et seq. The small entities subject to the requirements of this action are small manufacturing facilities. The Agency has determined that of the 55 entities estimated to be impacted by this action, 42 are small businesses; no small governments or small organizations are expected to be affected by this action. All 42 small businesses affected by this action are estimated to incur annualized cost impacts of less than 1%. Thus, this action is not expected to have a significant adverse economic impact on a substantial number of small entities. A more detailed analysis of the impacts on small entities is located in EPA's economic analysis (Ref. 6). D. Unfunded Mandates Reform Act (UMRA) This action does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. This action is not subject to the requirements [[Page 85444]] of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. Small governments are not subject to the EPCRA section 313 reporting requirements. EPA's economic analysis indicates that the total cost of this action is estimated to be $372,973 in the first year of reporting (Ref. 6). E. Executive Order 13132: Federalism This action does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). It will 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. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). This action relates to toxic chemical reporting under EPCRA section 313, which primarily affects private sector facilities. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern environmental health or safety risks that EPA has reason to believe may disproportionately affect children, per the definition of ``covered regulatory action'' in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards and is therefore not subject to considerations under section 12(d) of NTTAA, 15 U.S.C. 272 note. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations EPA has determined that this action will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). This action does not address any human health or environmental risks and does not affect the level of protection provided to human health or the environment. This action adds an additional chemical to the EPCRA section 313 reporting requirements. By adding a chemical to the list of toxic chemicals subject to reporting under section 313 of EPCRA, EPA would be providing communities across the United States (including minority populations and low income populations) with access to data which they may use to seek lower exposures and consequently reductions in chemical risks for themselves and their children. This information can also be used by government agencies and others to identify potential problems, set priorities, and take appropriate steps to reduce any potential risks to human health and the environment. Therefore, the informational benefits of the action will have positive human health and environmental impacts on minority populations, low-income populations, and children. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 372 Environmental protection, Community right-to-know, Reporting and recordkeeping requirements, and Toxic chemicals. Dated: November 15, 2016. Gina McCarthy, Administrator. Therefore, 40 CFR chapter I is amended as follows: PART 372--[AMENDED] 0 1. The authority citation for part 372 continues to read as follows: Authority: 42 U.S.C. 11023 and 11048. 0 2. In Sec. 372.28, amend the table in paragraph (a)(2) as follows: 0 a. Revise the second column header to read ``Reporting threshold (in pounds unless otherwise noted)'', and 0 b. Alphabetically add the category ``Hexabromocyclododecane (This category includes only those chemicals covered by the CAS numbers listed here)'' and entries ``3194-55-6 (1,2,5,6,9,10- Hexabromocyclododecane)'' and ``25637-99-4 (Hexabromocyclododecane)''. The additions read as follows: Sec. 372.28 Lower thresholds for chemicals of special concern. (a) * * * (2) * * * ------------------------------------------------------------------------ Reporting threshold (in Category name pounds unless otherwise noted) ------------------------------------------------------------------------ * * * * * * * Hexabromocyclododecane (This category includes only 100 those chemicals covered by the CAS numbers listed here) 3194-55-6 1,2,5,6,9,10-Hexabromocyclododecane .............. 25637-99-4 Hexabromocyclododecane .............. * * * * * * * ------------------------------------------------------------------------ * * * * * 0 3. In Sec. 372.65, paragraph (c) is amended by adding alphabetically an entry for ``Hexabromocyclododecane (This category includes only those chemicals covered by the CAS numbers listed here)'' to the table to read as follows: [[Page 85445]] Sec. 372.65 Chemicals and chemical categories to which this part applies. * * * * * (c) * * * ------------------------------------------------------------------------ Category name Effective date ------------------------------------------------------------------------ * * * * * * * Hexabromocyclododecane (This category includes only 1/1/17 those chemicals covered by the CAS numbers listed here) 3194-55-6 1,2,5,6,9,10-Hexabromocyclododecane .............. 25637-99-4 Hexabromocyclododecane .............. * * * * * * * ------------------------------------------------------------------------ [FR Doc. 2016-28102 Filed 11-25-16; 8:45 am] BILLING CODE 6560-50-P
![85440 Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Rules and Regulations
action will have no net regulatory H. Executive Order 13211: Actions ENVIRONMENTAL PROTECTION
burden for all directly regulated small Concerning Regulations That AGENCY
entities. Significantly Affect Energy Supply,
Distribution or Use 40 CFR Part 372
D. Unfunded Mandates Reform Act
(UMRA) [EPA–HQ–TRI–2015–0607; FRL–9953–28]
This action is not subject to Executive
Order 13211, because it is not a RIN 2025–AA42
This action does not contain any
significant regulatory action under
unfunded mandate as described in Addition of Hexabromocyclododecane
Executive Order 12866.
UMRA, 2 U.S.C. 1531–1538, and does (HBCD) Category; Community Right-
not significantly or uniquely affect small I. National Technology Transfer and to-Know Toxic Chemical Release
governments. The action imposes no Advancement Act (NTTAA) Reporting
enforceable duty on any state, local, or AGENCY: Environmental Protection
tribal governments or the private sector. This rulemaking does not involve
technical standards. Agency (EPA).
The costs involved in this action are ACTION: Final rule.
imposed only by voluntary participation J. Executive Order 12898: Federal
in a federal program. Actions To Address Environmental SUMMARY: EPA is adding a
Justice in Minority Populations and hexabromocyclododecane (HBCD)
E. Executive Order 13132: Federalism category to the list of toxic chemicals
Low-Income Populations
This action does not have federalism subject to reporting under section 313 of
implications. It will not have substantial The purpose of this action is to the Emergency Planning and
direct effects on the states, on the approve amendments to Washington’s Community Right-to-Know Act (EPCRA)
MSWLF permitting program which and section 6607 of the Pollution
relationship between the national
result in it meeting all of the statutory Prevention Act (PPA). EPA is adding
government and the states, or on the
and regulatory requirements established this chemical category to the EPCRA
distribution of power and section 313 list because EPA has
responsibilities among the various by RCRA. The EPA believes that the
human health and environmental risk determined that HBCD meets the
levels of government. EPCRA section 313(d)(2)(B) and (C)
addressed by this action will not have
F. Executive Order 13175: Consultation a new disproportionately high and toxicity criteria. Specifically, EPA has
and Coordination With Indian Tribal adverse human health or environmental determined that HBCD can reasonably
Governments be anticipated to cause developmental
effects on minority, low-income or
and reproductive effects in humans and
indigenous populations.
This action does not have tribal is highly toxic to aquatic and terrestrial
implications as specified in Executive K. Congressional Review Act (CRA) organisms. In addition, based on the
Order 13175. The EPA has concluded available bioaccumulation and
that this action will have no new tribal This action is subject to the CRA, and persistence data, EPA has determined
implications, nor would it present any the EPA will submit a rule report to that HBCD should be classified as a
additional burden on the tribes. It will each House of the Congress and to the persistent, bioaccumulative, and toxic
neither impose substantial direct Comptroller General of the United (PBT) chemical and assigned a 100-
compliance costs on tribal governments, States. This action is not a ‘‘major rule’’ pound reporting threshold.
nor preempt tribal law. Thus, Executive as defined by 5 U.S.C. 804(2). DATES: Effective Date: This final rule is
Order 13175 does not apply to this effective November 30, 2016.
List of Subjects Applicability date: This final rule will
action.
40 CFR Part 239 apply for the reporting year beginning
G. Executive Order 13045: Protection of January 1, 2017 (reports due July 1,
Children From Environmental Health Environmental protection, 2018).
Risks and Safety Risks Administrative practice and procedure, ADDRESSES: EPA has established a
Intergovernmental relations, Waste docket for this action under Docket ID
This action is not subject to Executive treatment and disposal. No. EPA–HQ–TRI–2015–0607. All
Order 13045, because it is not
40 CFR Part 258 documents in the docket are listed on
economically significant as defined in
http://www.regulations.gov. Although
Executive Order 12866, and because the Environmental protection, Reporting listed in the index, some information is
EPA does not believe the environmental and recordkeeping requirements, Waste not publicly available, e.g., Confidential
health or safety risks addressed by this treatment and disposal, Water pollution Business Information or other
action present a disproportionate risk to control. information whose disclosure is
children. Washington has incorporated restricted by statute. Certain other
those requirements from the Federal Authority: This action is issued under the
authority of section 2002, 4005 and 4010(c)
material, such as copyrighted material,
MSWLF landfill criteria (40 CFR part is not placed on the Internet and will be
of the Solid Waste Disposal Act, as amended,
258) not found in Washington’s existing publicly available only in hard copy
42 U.S.C. 6912, 6945 and 6949(a).
program and EPA has determined that form. Publicly available docket
Washington’s program includes terms Dated: October 20, 2016. materials are available electronically
mstockstill on DSK3G9T082PROD with RULES
and conditions that are at least as Dennis J. McLerran, through http://www.regulations.gov.
protective as the MSWLF landfill Regional Administrator, EPA Region 10. Additional instructions on visiting the
criteria for municipal solid waste [FR Doc. 2016–26754 Filed 11–25–16; 8:45 am] docket, along with more information
landfills, to assure protection of human BILLING CODE 6560–50–P
about dockets generally, is available at
health and the environment. http://www.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
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![Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Rules and Regulations 85443
uncertain reliability for quantifying 2. Anonymous public comment. July 31, reporting thresholds, but estimates that
HBCD persistence because of concerns 2016. EPA–HQ–TRI–2015–0607–0218. the total annual reportable amount of
regarding potential contamination of 3. Comment submitted by E. Gartner, Staff the chemical does not exceed 500
sediment samples, an interfering peak Attorney, Earthjustice et al. Re: Addition of pounds per year, can take advantage of
Hexabromocyclododecane (HBCD) Category;
corresponding to g-HBCD in the liquid Community Right-to-Know Toxic Chemical
an alternative manufacture, process, or
chromatography/mass spectrometry Release Reporting, August 1, 2016. EPA–HQ– otherwise use threshold of 1 million
(LC/MS) chromatograms, and poor TRI–2015–0607–0219. pounds per year of the chemical,
extraction of HBCD leading to HBCD 4. Davis, J.W., Gonsior, S.J., Marty, G.T., et provided that certain conditions are
recoveries of 33–125% (Refs. 44 and al. 2005. The transformation of met, and submit the Form A instead of
101).’’ June 2, 2016 (81 FR 35284). hexabromocyclododecane in aerobic and the Form R. Since the HBCD category
A better-conducted subsequent study anaerobic soils and aquatic sediments. Water would be classified a PBT category, it is
by the same authors Davis et al. 2006 Res. 39:1075–1084. designated as a chemical of special
(Ref. 5) resulted in longer overall half- 5. Davis, J.W., Gonsior, S.J., Markham, concern, for which Form A reporting is
D.A., et al. 2006. Biodegradation and product not allowed. In addition, respondents
life values but no specific value equal to
identification of
or above 180 days. As stated in the [14C]hexabromocyclododecane in wastewater
may designate the specific chemical
proposed rule, ‘‘While there is limited sludge and freshwater aquatic sediment. identity of a substance as a trade secret
data on the half-life of HBCD in soil and Environ. Sci. Technol. 40:5395–5401. pursuant to EPCRA section 322, 42
sediment, the best available data Including supporting information document. U.S.C. 11042, 40 CFR part 350.
supports a determination that the half- 6. USEPA, OCSPP. 2016. Economic OMB has approved the reporting and
life of HBCD in soil and sediment is at Analysis of the Final Rule to add HBCD to recordkeeping requirements related to
least 2 months.’’ EPA does not believe the List of TRI Reportable Chemicals. August Forms A and R, supplier notification,
that it would be appropriate to set a 10, 2016. and petitions under OMB Control
lower reporting threshold based on one VI. What are the Statutory and number 2025–0009 (EPA Information
half-life value of 190 days from a study Executive Orders reviews associated Collection Request (ICR) No. 1363) and
that had a number of identified with this action? those related to trade secret designations
problems. under OMB Control 2050–0078 (EPA
Additional information about these ICR No. 1428). As provided in 5 CFR
IV. Summary of Final Rule statutes and Executive Orders can be 1320.5(b) and 1320.6(a), an Agency may
EPA is finalizing the addition of an found at http://www2.epa.gov/laws- not conduct or sponsor, and a person is
HBCD category to the EPCRA section regulations/laws-and-executive-orders. not required to respond to, a collection
313 list of toxic chemicals. EPA has A. Executive Order 12866: Regulatory of information unless it displays a
determined that HBCD meets the listing Planning and Review and Executive currently valid OMB control number.
criteria under EPCRA section Order 13563: Improving Regulation and The OMB control numbers relevant to
313(d)(2)(B) and (C). The HBCD category Regulatory Review EPA’s regulations are listed in 40 CFR
will be defined as: part 9 or 48 CFR chapter 15, and
Hexabromocyclododecane (This This action is not a significant displayed on the information collection
category includes only those chemicals regulatory action and was therefore not instruments (e.g., forms, instructions).
covered by the CAS numbers listed submitted to the Office of Management
and Budget (OMB) for review under C. Regulatory Flexibility Act (RFA)
here)
• 3194–55–6; 1,2,5,6,9,10- Executive Orders 12866 (58 FR 51735, I certify that this action will not have
Hexabromocyclododecane October 4, 1993) and 13563 (76 FR 3821, a significant economic impact on a
• 25637–99–4; January 21, 2011). substantial number of small entities
Hexabromocyclododecane. B. Paperwork Reduction Act (PRA) under the RFA, 5 U.S.C. 601 et seq. The
EPA is also finalizing the addition of small entities subject to the
the HBCD category to the list of This action does not contain any new requirements of this action are small
chemicals with special concern (see 40 information collection requirements that manufacturing facilities. The Agency
CFR 372.28(a)(2)) and establishing a require additional approval by OMB has determined that of the 55 entities
100-pound reporting threshold. EPA has under the PRA, 44 U.S.C. 3501 et seq. estimated to be impacted by this action,
determined that the data support OMB has previously approved the 42 are small businesses; no small
classifying the HBCD category as a PBT information collection activities governments or small organizations are
chemical category with a 100-pound contained in the existing regulations expected to be affected by this action.
reporting threshold. and has assigned OMB control numbers All 42 small businesses affected by this
2025–0009 and 2050–0078. Currently, action are estimated to incur annualized
V. References the facilities subject to the reporting cost impacts of less than 1%. Thus, this
The following is a listing of the requirements under EPCRA section 313 action is not expected to have a
documents that are specifically and PPA section 6607 may use either significant adverse economic impact on
referenced in this document. The docket EPA Toxic Chemicals Release Inventory a substantial number of small entities. A
includes these documents and other Form R (EPA Form 1B9350–1), or EPA more detailed analysis of the impacts on
information considered by EPA, Toxic Chemicals Release Inventory small entities is located in EPA’s
including documents that are referenced Form A (EPA Form 1B9350–2). The economic analysis (Ref. 6).
within the documents that are included Form R must be completed if a facility
manufactures, processes, or otherwise D. Unfunded Mandates Reform Act
in the docket, even if the referenced
mstockstill on DSK3G9T082PROD with RULES
uses any listed chemical above (UMRA)
document is not itself physically located
in the docket. For assistance in locating threshold quantities and meets certain This action does not contain an
these other documents, please consult other criteria. For the Form A, EPA unfunded mandate of $100 million or
the person listed under FOR FURTHER established an alternative threshold for more as described in UMRA, 2 U.S.C.
INFORMATION CONTACT. facilities with low annual reportable 1531–1538, and does not significantly or
1. Comment submitted by M. Clark. July amounts of a listed toxic chemical. A uniquely affect small governments. This
22, 2016. EPA–HQ–TRI–2015–0607–0217. facility that meets the appropriate action is not subject to the requirements
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![85444 Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Rules and Regulations
of UMRA because it contains no H. Executive Order 13211: Actions will have positive human health and
regulatory requirements that might Concerning Regulations That environmental impacts on minority
significantly or uniquely affect small Significantly Affect Energy Supply, populations, low-income populations,
governments. Small governments are Distribution, or Use and children.
not subject to the EPCRA section 313 This action is not subject to Executive K. Congressional Review Act (CRA)
reporting requirements. EPA’s economic Order 13211 (66 FR 28355, May 22,
analysis indicates that the total cost of 2001), because it is not a significant This action is subject to the CRA, and
this action is estimated to be $372,973 regulatory action under Executive Order the EPA will submit a rule report to
in the first year of reporting (Ref. 6). 12866. each House of the Congress and to the
Comptroller General of the United
E. Executive Order 13132: Federalism I. National Technology Transfer and States. This action is not a ‘‘major rule’’
Advancement Act (NTTAA) as defined by 5 U.S.C. 804(2).
This action does not have federalism
implications as specified in Executive This rulemaking does not involve
List of Subjects in 40 CFR Part 372
Order 13132 (64 FR 43255, August 10, technical standards and is therefore not
1999). It will not have substantial direct subject to considerations under section Environmental protection,
effects on the States, on the relationship 12(d) of NTTAA, 15 U.S.C. 272 note. Community right-to-know, Reporting
between the national government and and recordkeeping requirements, and
J. Executive Order 12898: Federal
the States, or on the distribution of Toxic chemicals.
Actions To Address Environmental
power and responsibilities among the Justice in Minority Populations and Dated: November 15, 2016.
various levels of government. Low-Income Populations Gina McCarthy,
F. Executive Order 13175: Consultation EPA has determined that this action Administrator.
and Coordination With Indian Tribal will not have disproportionately high Therefore, 40 CFR chapter I is
Governments and adverse human health or amended as follows:
environmental effects on minority or
This action does not have tribal low-income populations as specified in PART 372—[AMENDED]
implications as specified in Executive Executive Order 12898 (59 FR 7629,
Order 13175 (65 FR 67249, November 9, February 16, 1994). This action does not ■ 1. The authority citation for part 372
2000). This action relates to toxic address any human health or continues to read as follows:
chemical reporting under EPCRA environmental risks and does not affect Authority: 42 U.S.C. 11023 and 11048.
section 313, which primarily affects the level of protection provided to
private sector facilities. Thus, Executive human health or the environment. This ■ 2. In § 372.28, amend the table in
Order 13175 does not apply to this action adds an additional chemical to paragraph (a)(2) as follows:
action. the EPCRA section 313 reporting ■ a. Revise the second column header to
requirements. By adding a chemical to read ‘‘Reporting threshold (in pounds
G. Executive Order 13045: Protection of
the list of toxic chemicals subject to unless otherwise noted)’’, and
Children From Environmental Health
reporting under section 313 of EPCRA, ■ b. Alphabetically add the category
Risks and Safety Risks
EPA would be providing communities ‘‘Hexabromocyclododecane (This
EPA interprets Executive Order 13045 across the United States (including category includes only those chemicals
(62 FR 19885, April 23, 1997) as minority populations and low income covered by the CAS numbers listed
applying only to those regulatory populations) with access to data which here)’’ and entries ‘‘3194–55–6
actions that concern environmental they may use to seek lower exposures (1,2,5,6,9,10-
health or safety risks that EPA has and consequently reductions in Hexabromocyclododecane)’’ and
reason to believe may chemical risks for themselves and their ‘‘25637–99–4
disproportionately affect children, per children. This information can also be (Hexabromocyclododecane)’’.
the definition of ‘‘covered regulatory used by government agencies and others The additions read as follows:
action’’ in section 2–202 of the to identify potential problems, set
Executive Order. This action is not priorities, and take appropriate steps to § 372.28 Lower thresholds for chemicals
of special concern.
subject to Executive Order 13045 reduce any potential risks to human
because it does not concern an health and the environment. Therefore, (a) * * *
environmental health risk or safety risk. the informational benefits of the action (2) * * *
Reporting
threshold (in
Category name pounds unless
otherwise
noted)
* * * * * * *
Hexabromocyclododecane (This category includes only those chemicals covered by the CAS numbers listed here) 100
3194–55–6 1,2,5,6,9,10-Hexabromocyclododecane ........................
25637–99–4 Hexabromocyclododecane ........................
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* * * * * * *
* * * * * entry for ‘‘Hexabromocyclododecane listed here)’’ to the table to read as
■3. In § 372.65, paragraph (c) is (This category includes only those follows:
amended by adding alphabetically an chemicals covered by the CAS numbers
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![Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Rules and Regulations 85445
§ 372.65 Chemicals and chemical (c) * * *
categories to which this part applies.
* * * * *
Category name Effective date
* * * * * * *
Hexabromocyclododecane (This category includes only those chemicals covered by the CAS numbers listed here) 1/1/17
3194–55–6 1,2,5,6,9,10-Hexabromocyclododecane ........................
25637–99–4 Hexabromocyclododecane ........................
* * * * * * *
[FR Doc. 2016–28102 Filed 11–25–16; 8:45 am] extended the implementation date for Withdrawal of this direct final rule
BILLING CODE 6560–50–P certain facilities to meet the removes the extension of the
requirements of the final pretreatment compliance date for the subset of
standards rule for unconventional oil facilities identified in the direct final
ENVIRONMENTAL PROTECTION and gas extraction. (81 FR 67191; rule. It does not withdraw, or otherwise
AGENCY September 30, 2016). In that direct final impact, the underlying final
rule, the EPA stated that if we received pretreatment standards rule for
40 CFR Part 435 adverse comments by October 31, 2016, unconventional oil and gas extraction,
[EPA–HQ–OW–2014–0598; FRL–9955–65– the EPA would publish a timely which continues to apply to all facilities
OW] withdrawal and address the comments that meet the definition of
in a final rule based on the proposed ‘‘unconventional’’ in that rule.
RIN 2040–AF68 rule also published on September 30, List of Subjects in 40 CFR Part 435
Effluent Limitations Guidelines and 2016. (81 FR 67266; September 30,
2016). Environmental protection,
Standards for the Oil and Gas Pretreatment, Waste treatment and
Extraction Point Source Category— The direct final rule specifically disposal, Water pollution control,
Implementation Date Extension indicated that ‘‘EPA will not consider Unconventional oil and gas extraction.
any comment submitted on the direct
AGENCY: Environmental Protection final rule published today on any topic Dated: November 17, 2016.
Agency (EPA). other than the appropriateness of an Michael H. Shapiro,
ACTION: Withdrawal of direct final rule. extension of the compliance date; any Deputy Assistant Administrator.
other comments will be considered to be Accordingly, the direct final rule,
SUMMARY: Because the Environmental outside the scope of this rulemaking.’’
Protection Agency (EPA) received published in the Federal Register on
(81 FR 67192; September 30, 2016). September 30, 2016, at 81 FR 67191, is
comments that could be construed as
Commenters supported the compliance withdrawn as of November 28, 2016.
adverse, the EPA is withdrawing the
date being extended; the EPA did not [FR Doc. 2016–28566 Filed 11–25–16; 8:45 am]
direct final rule issued on September 30,
receive any comments opposing the
2016, to extend the implementation date BILLING CODE 6560–50–P
extension of the compliance date, and
for certain facilities subject to the EPA’s
thus maintains that there were no
final rule establishing pretreatment
adverse comments on the direct final
standards under the Clean Water Act DEPARTMENT OF COMMERCE
rule. As indicated in the direct final
(CWA) for discharges of pollutants into
rule, the EPA considers any comments National Oceanic and Atmospheric
publicly-owned treatment works
on topics other than the extension of the Administration
(POTWs) from unconventional oil and
compliance date—including comments
gas extraction.
submitted on the applicability of the 50 CFR Part 622
DATES: Effective November 28, 2016, the underlying final pretreatment standards
EPA withdraws the direct final rule rule—to be outside the scope of this [Docket No. 140819686–5999–02]
published September 30, 2016 (81 FR rulemaking. However, to the extent that RIN 0648–XF045
67191). any of the comments could be broadly
FOR FURTHER INFORMATION CONTACT: For interpreted as seeking an alternative Snapper-Grouper Fishery of the South
more information, see EPA’s Web site: compliance period, and thus arguably Atlantic; 2016 Recreational
https://www.epa.gov/eg/ within scope, the EPA, in its discretion, Accountability Measure and Closure
unconventional-oil-and-gas-extraction- is withdrawing the direct final rule and for South Atlantic Greater Amberjack
effluent-guidelines. For technical instead will issue a final action to
AGENCY: National Marine Fisheries
information, contact Karen Milam, address the compliance date, which will
Service (NMFS), National Oceanic and
Engineering and Analysis Division be based on the parallel proposed rule
Atmospheric Administration (NOAA),
(4303T), Office of Water, Environmental also published on September 30, 2016.
Commerce.
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Protection Agency, 1200 Pennsylvania (81 FR 67266; September 30, 2016). For
purposes of this withdrawal, ACTION: Temporary rule; closure.
Ave. NW., Washington, DC 20460–0001;
telephone: 202–566–1915; email: compliance date and implementation SUMMARY: NMFS implements
milam.karen@epa.gov. date are used interchangeably. As stated accountability measures (AMs) for the
SUPPLEMENTARY INFORMATION: in the parallel proposal, we will not recreational sector of greater amberjack
On September 30, 2016, the EPA institute a second comment period on in the exclusive economic zone (EEZ) of
published a direct final rule that this proposed action. the South Atlantic for the current
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Document Created: 2018-02-14 08:36:08
Document Modified: 2018-02-14 08:36:08
| 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. | |
| Dates | Effective Date: This final rule is effective November 30, 2016. | |
| Contact | For technical information contact: Daniel R. Bushman, Toxics Release Inventory Program Division (7410M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 566-0743; email: [email protected] | |
| FR Citation | 81 FR 85440 | |
| RIN Number | 2025-AA42 | |
| CFR Associated | Environmental Protection; Community Right-To-Know; Reporting and Recordkeeping Requirements and Toxic Chemicals |
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