[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Rules and Regulations]
[Pages 27291-27296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12628]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[EPA-HQ-TRI-2016-0222; FRL-9979-16]
RIN 2070-AK15
Addition of Nonylphenol Ethoxylates Category; Community Right-to-
Know Toxic Chemical Release Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is adding a nonylphenol ethoxylates (NPEs) 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
NPEs meet the EPCRA section 313(d)(2)(C) toxicity criteria.
Specifically, EPA has determined that short-chain NPEs are highly toxic
to aquatic organisms and longer chain NPEs, while not as toxic as
short-chain NPEs, can break down in the environment to short-chain NPEs
and nonylphenol, both of which are highly toxic to aquatic organisms.
DATES:
Effective date: This final rule is effective November 30, 2018.
Applicability date: This final rule will apply for the reporting
year beginning January 1, 2019 (reports due July 1, 2020).
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-TRI-2016-0222. 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:
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 Emergency Planning and
Community Right-to- Know Hotline; telephone numbers: toll free at (800)
424-9346 (select menu option 3) or (703) 348-5070 in the Washington, DC
Area and International; or go to https://www.epa.gov/home/epa-hotlines.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you manufacture,
process, or otherwise use NPEs. 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*,
211130*, 212324*, 212325*, 212393*, 212399*, 488390*, 511110, 511120,
511130, 511140*, 511191, 511199, 512230*, 512250*, 519130*, 541713*,
541715* 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, 212230, 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
[[Page 27292]]
(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 a NPEs 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 believes NPEs meet the EPCRA section 313(d)(2)(C) toxicity
criteria.
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 was comprised of 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 ECPRA 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 category did EPA propose to add to the EPCRA section
313 list of toxic chemicals?
As discussed in the proposed rule of November 16, 2016 (81 FR
80624) (FRL-9951-01), EPA proposed to add a NPEs category to the EPCRA
section 313 list of toxic chemicals. NPEs are nonionic surfactants
containing a branched nine-carbon alkyl chain bound to phenol and a
chain of repeating ethoxylate units
(C9H19C6H4(OCH2CH
2)nOH). The number of repeating ethoxylate units
(n) can range from 1 to 100. NPEs were proposed to be listed as a
category that would include the thirteen NPEs that currently appear on
the Toxic Substances Control Act inventory (https://www.epa.gov/tsca-inventory). The NPEs category would be defined as Nonylphenol
Ethoxylates and would only include those chemicals covered by the
following Chemical Abstracts Service Registry Numbers (CASRNs):
[ssquf] 7311-27-5; Ethanol, 2-[2-[2-[2- (4-nonylphenoxy) ethoxy]
ethoxy]ethoxy]-
[ssquf] 9016-45-9; Poly(oxy-1,2-ethanediyl), [alpha]-(nonylphenyl)-
[omega]-hydroxy-
[ssquf] 20427-84-3; Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]-
[ssquf] 26027-38-3; Poly(oxy-1,2-ethanediyl), [alpha]-(4-nonylphenyl)-
[omega]-hydroxy-
[ssquf] 26571-11-9; 3,6,9,12,15,18,21,24-Octaoxahexacosan-1-ol, 26-
(nonylphenoxy)-
[ssquf] 27176-93-8; Ethanol, 2-[2-(nonylphenoxy)ethoxy]-
[ssquf] 27177-05-5; 3,6,9,12,15,18,21-Heptaoxatricosan-1-ol, 23-
(nonylphenoxy)-
[ssquf] 27177-08-8; 3,6,9,12,15,18,21,24,27-Nonaoxanonacosan-1-ol, 29-
(nonylphenoxy)-
[ssquf] 27986-36-3; Ethanol, 2-(nonylphenoxy)-
[ssquf] 37205-87-1; Poly(oxy-1,2-ethanediyl), [alpha]-(isononylphenyl)-
[omega]-hydroxy-
[ssquf] 51938-25-1; Poly(oxy-1,2-ethanediyl), [alpha]-(2-nonylphenyl)-
[omega]-hydroxy-
[ssquf] 68412-54-4; Poly(oxy-1,2-ethanediyl), [alpha]-(nonylphenyl)-
[omega]-hydroxy-, branched
[ssquf] 127087-87-0; Poly(oxy-1,2-ethanediyl), [alpha]-(4-nonylphenyl)-
[omega]-hydroxy-, branched
B. What was EPA's rationale for proposing to list the NPEs category?
As discussed in the proposed rule of November 16, 2016 (81 FR
80624) (FRL-9951-01), EPA proposed to add short-chain NPEs to the EPCRA
section 313 toxic chemical list because they are highly toxic to
aquatic organisms with toxicity values well below 1 mg/L. Therefore,
EPA believed that the evidence was sufficient for listing short-chain
NPEs on the EPCRA section 313 toxic chemical list pursuant to EPCRA
section 313(d)(2)(C) based on the available ecological toxicity data.
Long-chain NPEs, while not as toxic as short-chain NPEs, are known to
become more toxic as they degrade in the environment to produce
products that include highly toxic short-chain NPEs and nonylphenol.
Nonylphenol is even more toxic to aquatic organisms than short-chain
NPEs and was added to the EPCRA section 313 toxic chemical list based
on its toxicity to aquatic organisms of September 30, 2014 (79 FR
58686) (FRL-9915-59-OEI). As long-chain NPEs are a source of
degradation products that are highly toxic to aquatic organisms, EPA
believed that the evidence was also sufficient for listing long-chain
NPEs on the EPCRA section 313 toxic chemical list pursuant to
[[Page 27293]]
EPCRA section 313(d)(2)(C) based on the available ecological toxicity
and environmental fate data.
EPA stated that it did not believe that it was appropriate to
consider exposure for chemicals that are highly toxic based on a hazard
assessment when determining if a chemical can be added for
environmental effects pursuant to EPCRA section 313(d)(2)(C) (see 59 FR
61440-61442). Therefore, in accordance with EPA's standard policy on
the use of exposure assessments (see November 30, 1994 (59 FR 61432)
(FRL-4922-2)), EPA stated that it did not believe that an exposure
assessment was necessary or appropriate for determining whether NPEs
meet the criteria of EPCRA section 313(d)(2)(C).
III. What comments did EPA receive on the proposed rule?
EPA received six comments on the proposed rule to add a NPEs
category to the EPCRA section 313 list of toxic chemicals, three were
anonymously submitted (References (Refs.) 1, 2, and 3). The comments
received that were not anonymously submitted are from the following
groups, the Alkylphenols & Ethoxylates Research Council (APERC) (Ref.
4), American Coatings Association (ACA) (Ref. 5), and Women's Voices
for the Earth (Ref. 6). Two of the anonymous commenters supported the
listing as did the Women's Voices for the Earth. One anonymous
commenter only asked whether there were any exemptions or exceptions to
the rule given its particular low-level use of NPEs (Ref. 2). ACA's
comment requested that EPA delay the effective date of the final rule.
The only extensive comments received were submitted by APERC, which
opposes the listing based on their technical and legal interpretations.
Summaries of the most significant comments and EPA's response are
discussed here. The complete set of comments and EPA's detailed
responses can be found in the response to comments document in the
docket for this rulemaking (Ref. 7).
APERC stated that long-chain NPEs are not ``highly toxic'' to the
aquatic environment, which EPA defined in the proposed rule and its
supporting documents as ecotoxicity values below aquatic concentrations
of 1 mg/L.
As EPA has previously stated, when considering toxicity alone under
EPCRA 313(d)(2)(C), EPA typically limits it's consideration of highly
toxic to those chemicals that cause acute aquatic toxicity at about 1
mg/L or less and chronic aquatic toxicity at 0.1 mg/L or less (76 FR
64022, October 17, 2011). The purpose of these values is not to
determine which chemicals are toxic but rather to determine if exposure
should be part of EPA's listing decision per its established exposure
policy (59 FR 61432, November 30, 1994). However, these are not
absolute values and they do not preclude consideration of other factors
such as the environmental fate of the chemical. While not as toxic to
aquatic organisms as nonylphenol and short-chain NPEs, as noted by the
commenter, long-chain NPEs are still toxic to aquatic organisms. As EPA
cited in the proposed rule, the longer-chain NPEs are toxic to aquatic
organisms (Refs. 8 and 9). For an ethoxylate chain length of 5 reported
toxicity values include a LC50 (i.e., the concentration that
is lethal to 50% of test organisms) of 3.6 milligrams per liter (mg/L)
for Japanese killifish (Oryzias latipes) and LC50s of 2.4-
2.8 mg/L for bluegill sunfish (Lepomis macrochirus). For chain lengths
of 9, toxicity ranged from a LC50 of 1.2 mg/L for Mysidopsis
bahia to an EC50 (i.e., the concentration that is effective
in producing a sublethal response in 50% of test organisms) of 500 mg/L
for green algae. Chain lengths of 50 were less toxic, for example an
EC50 of >4,000 mg/L for emergence in mosquito larvae (Culex
pipiens) was reported. Analysis of data from Hall (Table 2, Ref. 8)
demonstrates a significant positive log-linear relationship between
nonylphenol ethoxylate chain length (1.5 to 50) and acute 48-hour
toxicity (LC50 values for 3 to 8-day old mysid shrimp (M.
bahia)). Shrimp LC50's ranged from 0.11 mg/L for an
ethoxylate chain length of 1.5 to greater than 4,110 mg/L for a chain
length of 50. In general, the data indicate that toxicity of NPEs
decreases as ethoxylate chain length increases, and vice versa. Because
longer chain NPEs break down to shorter chain NPEs in the environment,
they become more toxic. As noted in EPA's exposure policy, for
chemicals that are low to moderately ecotoxic, EPA may consider
exposure factors such as environmental fate (59 FR 61432, November 30,
1994). EPA's assessment of long-chain NPEs is that, depending on chain
length, they are low to moderately toxic to aquatic organisms but that
their environmental fate results in the formation of highly toxic
nonylphenol and short-chain NPEs.
It is well documented that long-chain NPEs can readily degrade to
nonylphenol and short-chain NPEs and thus are a primary source of these
chemicals found in the environment (Ref. 10). As noted in the proposed
rule:
Nonylphenol ethoxylate biodegradation products include shorter
chain NPEs and ethoxycarboxylates. (Refs. 9, 10, and 20).
Nonylphenol ethoxycarboxylates are NPEs that terminate with a
carboxylate group (-CO2H) rather than an alcohol group (-OH).
Although not commonly observed under aerobic conditions, nonylphenol
is a major metabolite of NPEs under anaerobic conditions (Refs. 9,
10, 21, 22, 23, 24, 25, 26, and 27) (81 FR 80626, November 16,
2016).
Releases of long-chain NPEs, therefore, are essentially releases of
both nonylphenol and short-chain NPEs which are highly toxic to aquatic
organisms. To ignore the available data on the environmental fate of
NPEs would underestimate the potential impact long-chain NPEs can have
on aquatic organisms.
APERC stated that listing the long-chain NPEs on the basis that
they are a source of degradation products that are highly toxic to
aquatic organisms is not consistent with the statutory language in
EPCRA section 313(d)(2)(C). APERC stated that the language in EPCRA
section 313(d)(2)(C) is clear in stating that only the hazard of the
chemical to be listed is to be considered. APERC notes that the
statutory language specifies that significant adverse effects to the
environment should be based on a compound's toxicity, or its toxicity
and persistence or its toxicity and bioaccumulation. APERC stated that
the statutory language does not portend that listing of a chemical
should be based on its degradation pathways or the toxicity of its
degradation products. APERC also stated that where degradation
intermediates themselves represent the hazard of interest that hazard
is contingent on the conditions of disposal and treatment and
ultimately the occurrence of those degradants in emissions and the
receiving environment. They stated that disposal of long-chain NPEs in
one treatment scenario may generate degradation products of concern
whereas disposal in another treatment scenario may not generate any
degradants of concern. APERC noted that reporting is already required
for nonylphenol, which is the degradant of highest concern.
As noted in the previous comment response, long-chain NPEs are
toxic to aquatic organisms and become more toxic as they degrade. In
the 1994 chemical expansion final rule EPA made the following
statements regarding degradation products:
The EPCRA section 313(d)(2) listing criteria each state that EPA
may list a chemical that it determines ``causes or may reasonably be
anticipated to cause'' the relevant adverse human health or
environmental effects. EPA believes that this language allows EPA to
consider the effects
[[Page 27294]]
caused by the degradation products of a listed chemical. Where it
may reasonably be anticipated, based on available data, that the
listed chemical would readily degrade into another chemical that
would cause the adverse effect, EPA is acting reasonably and within
its grant of authority in listing the precursor to the toxic
degradation product (59 FR 61432, November 30, 1994).
EPA believes that the ``toxicity'' of a chemical includes the toxicity
of degradation products that are produced as a result of the chemical's
release to the environment. These degradation products are a direct
result of the chemical properties of the parent compound that determine
its environmental fate, and as such should be considered part of the
chemical's toxicity. As EPA has previously noted:
Therefore, to meet its obligation under section 313(d)(2)(C), in
cases where a chemical is low or moderately ecotoxic, EPA may look
at certain exposure factors (including pollution controls, the
volume and pattern of production, use, and release, environmental
fate, as well as other chemical specific factors, and the use of
estimated releases and modeling techniques) to determine if listing
is reasonable, i.e., could the chemical ever be present at high
enough concentrations to cause a significant adverse effect upon the
environment to warrant listing under section 313(d)(2)(C) [emphasis
added] (59 FR 61432, November 30, 1994).
While the distribution and type of degradation products can vary based
on disposal and environmental conditions, the environmental data
clearly show that there are numerous disposal and environmental
conditions that result in the degradation of NPEs to short-chain NPEs
and nonylphenol (Ref. 4). Therefore, EPA has concluded that the long-
chain NPEs to be listed, like the short-chain NPEs in the category, can
reasonably be anticipated to cause a significant adverse effect on the
environment of sufficient seriousness to warrant reporting.
APERC's statement that TRI reporting is already required for
nonylphenol, which is the degradant of highest concern, is irrelevant
to the issue of listing NPEs. The reports of releases of nonylphenol do
not provide any information related to the presence of nonylphenol in
the environment that results from the release and degradation of NPEs.
Nonylphenol was not listed because it is a degradation product of NPEs,
it is also used in the chemical industry, including as the starting
material for the production of NPEs. Since nonylphenol is used in the
chemical industry there is the potential for releases to the
environment. With regard to listing chemicals that are degradation
products, EPA has stated:
If the degradation product meets the toxicity criteria of EPCRA
section 313, the precursor chemical may be considered for listing on
EPCRA section 313. The degradation product would not be considered
for listing on EPCRA section 313 because a facility subject to EPCRA
section 313 is only required to file a TRI report for a chemical
that it manufactures, processes, or otherwise uses, within the
facility boundaries (59 FR 1788, January 12, 1994).
If nonylphenol were present in the environment only as a degradation
product of releases of NPEs, EPA would not have added it to the EPCRA
section 313 toxic chemical list since no reports would have been filed.
ACA requested that EPA adopt a January 1, 2020 effective date for
the addition of a NPEs category. ACA stated that their members require
sufficient lead time to ensure that all facilities are able to comply
with changes in regulations. ACA stated that even though some of their
industry members are already subject to reporting, a significant amount
of other industry members would now fall under the scope of the
proposed rule and have to comply. ACA claimed that the January 1, 2018
compliance date would not give their members adequate time to account
for and report NPEs under the regulations. ACA also stated that several
of their industry members are planning on reformulating their products
to lower or eliminate the use of designated NPEs altogether, rather
than become subject to the new reporting requirements. ACA stated that
those facilities intend to phase out the use of NPEs and replace them
with safer alternative chemicals, or lower their usage below the
reporting threshold. ACA noted that regardless of the reasoning,
reformulation takes a substantial amount of time and increases cost for
companies. ACA claims that therefore, their industry members need an
extended effective date of January 1, 2020 to reformulate their
products.
EPCRA 313(d)(4) provides the timing for the effective date for a
change to the EPCRA section 313 list of toxic chemicals:
(4) Effective Date.--Any revision made on or after January 1 and
before December 1 of any calendar year shall take effect beginning
with the next calendar year. Any revision made on or after December
1 of any calendar year and before January 1 of the next calendar
year shall take effect beginning with the calendar year following
such next calendar year.
If a rule is finalized by November 30 of a calendar year, then its
effective date is January 1 of the following year. However, reports for
that year are not due to EPA until July 1 of the following year, which
would be at least 19 months from the date the final rule was published.
Nineteen months should be more than enough time for facilities to make
reasonable estimates of releases and waste management quantities for
chemicals that they manufacture, process or otherwise use. The
commenter did not provide any information on how many facilities would
be new reporters under EPCRA section 313, however, EPA's economic
analysis estimated that only 8 facilities would be new reporters so
most facilities would be familiar with the reporting requirements (Ref.
11). Even when EPA added nearly 300 chemicals to the EPCRA section 313
chemical list, the effective date was not extended (note the final rule
was published in November 1994 with the first reports due July 1,
1996). The final rule for the addition of NPEs is being published
before November 30 of 2018, which makes the effective date for
reporting purposes January 1, 2019, with the first reports due July 1,
2020. This should be more than enough time for facilities to prepare
for reporting.
Further, reports from facilities that choose to reformulate
products to lower or eliminate the use of NPEs would provide useful
information to data users, including industry stakeholders. A key
component of EPCRA section 313 reporting includes information on source
reduction activities that reduce the amount of any hazardous substance,
pollutant, or contaminant entering any waste stream or otherwise
released into the environment (including fugitive emissions) prior to
recycling, energy recovery, treatment, or disposal. Data that
demonstrates or fails to demonstrate anticipated downward trends
alongside information on activities conducted to phase out the use of
NPEs is information of high utility and can help spur other facilities
to reduce their use of NPEs.
IV. Summary of Final Rule
EPA is finalizing the addition of a NPEs category to the EPCRA
section 313 list of toxic chemicals. EPA has determined that NPEs meet
the listing criteria under EPCRA section 313(d)(2)(C). The NPEs
category will be defined as: Nonylphenol Ethoxylates (This category
includes only those chemicals covered by the CAS numbers listed here):
[ssquf] 7311-27-5; Ethanol, 2-[2-[2-[2-(4-
nonylphenoxy)ethoxy]ethoxy]ethoxy]-
[ssquf] 9016-45-9; Poly(oxy-1,2-ethanediyl), [alpha]-(nonylphenyl)-
[omega]-hydroxy-
[ssquf] 20427-84-3; Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]-
[[Page 27295]]
[ssquf] 26027-38-3; Poly(oxy-1,2-ethanediyl), [alpha]-(4-nonylphenyl)-
[omega]-hydroxy-
[ssquf] 26571-11-9; 3,6,9,12,15,18,21,24-Octaoxahexacosan-1-ol, 26-
(nonylphenoxy)-
[ssquf] 27176-93-8; Ethanol, 2-[2-(nonylphenoxy)ethoxy]-
[ssquf] 27177-05-5; 3,6,9,12,15,18,21-Heptaoxatricosan-1-ol, 23-
(nonylphenoxy)-
[ssquf] 27177-08-8; 3,6,9,12,15,18,21,24,27-Nonaoxanonacosan-1-ol, 29-
(nonylphenoxy)-
[ssquf] 27986-36-3; Ethanol, 2-(nonylphenoxy)-
[ssquf] 37205-87-1; Poly(oxy-1,2-ethanediyl), [alpha]-(isononylphenyl)-
[omega]-hydroxy-
[ssquf] 51938-25-1; Poly(oxy-1,2-ethanediyl), [alpha]-(2-nonylphenyl)-
[omega]-hydroxy-
[ssquf] 68412-54-4; Poly(oxy-1,2-ethanediyl), [alpha]-(nonylphenyl)-
[omega]-hydroxy-, branched
[ssquf] 127087-87-0; Poly(oxy-1,2-ethanediyl), [alpha]-(4-nonylphenyl)-
[omega]-hydroxy-, branched
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. Anonymous public comment. November 16, 2016. EPA-HQ-TRI-2016-
0222-0139.
2. Anonymous public comment. November 17, 2016. EPA-HQ-TRI-2016-
0222-0140.
3. Anonymous public comment. December 6, 2016. EPA-HQ-TRI-2016-0222-
0143.
4. Comments submitted by Alkylphenols and Ethoxylates Research
Council (APERC). January 17, 2017. EPA-HQ-TRI-2016-0222-0144.
5. Comments submitted by Raleigh Davis, Assistant Director,
Environmental Health and Safety and Rhett Cash, Counsel, Government
Affairs, American Coatings Association (ACA). January 13, 2017. EPA-
HQ-TRI-2016-0222-0142.
6. Comments submitted by Alexandra Scranton, Director, Science and
Research, Women's Voices for the Earth. November 28, 2016. EPA-HQ-
TRI-2016-0222-0141.
7. USEPA, OPPT. Response to Comments Received on the November 16,
2016 Proposed Rule (81 FR 80624): Addition of Nonylphenol
Ethoxylates Category; Community Right-to-Know Toxic Chemical Release
Reporting. U.S. Environmental Protection Agency, Office of Pollution
Prevention and Toxics. May 31, 2018.
8. Hall, W.S., M.B. Patoczka, R.J. Mirenda, B.A. Porter, and E.
Miller. 1989. Acute toxicity of industrial surfactants to Mysidopsis
bahia. Arch. Environ. Contam. Toxicol. 18: 765-772. 44.
9. Servos, M.R. 1999. Review of the aquatic toxicity, estrogenic
responses and bioaccumulation of alkylphenols and alkylphenol
polyethoxylates. Water Qual. Res. J. Canada 34: 123-177.
10. USEPA, 2016. Chemistry and Environmental Fate of Nonylphenol
Ethoxylates (NPEs). May 10, 2016.
11. USEPA, OPPT. Economic Analysis of the Final Rule to Add
Nonylphenol Ethoxylates to the EPCRA Section 313 List of Toxic
Chemicals. March 21, 2017.
VI. What are the statutory and Executive Order 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. 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 178 entities estimated to be impacted by this
action, 161 are small businesses; no small governments or small
organizations are expected to be affected by this action. All 161 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. 11).
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 of UMRA because it contains no regulatory
requirements that might significantly or uniquely affect small
governments. EPA did not identify any small governments that would be
impacted by this action. EPA's economic analysis indicates that the
[[Page 27296]]
total cost of this action is estimated to be $619,627 in the first year
of reporting (Ref. 11).
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
The EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This regulatory action adds an
additional chemical category to the EPCRA section 313 reporting
requirements; it does not have any impact on human health or the
environment. 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 category to the EPCRA section 313 reporting
requirements which provides information that government agencies and
others can use to identify potential problems, set priorities, and help
inform activities.
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: June 6, 1018.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
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. 372.65, add alphabetically an entry for ``Nonylphenol
Ethoxylates (This category includes only those chemicals covered by the
CAS numbers listed here)'' to the table in paragraph (c) to read as
follows:
Sec. 372.65 Chemicals and chemical categories to which this part
applies.
* * * * *
(c) * * *
------------------------------------------------------------------------
Category name Effective date
------------------------------------------------------------------------
* * * * * * *
Nonylphenol Ethoxylates (This category includes only 1/1/19
those chemicals covered by the CAS numbers listed
here)...............................................
7311-27-5 Ethanol, 2-[2-[2-[2-(4-
nonylphenoxy)ethoxy]ethoxy]ethoxy]-
9016-45-9 Poly(oxy-1,2-ethanediyl), [alpha]-
(nonylphenyl)-[omega]-hydroxy-
20427-84-3 Ethanol, 2-[2-(4-nonylphenoxy)ethoxy]-
26027-38-3 Poly(oxy-1,2-ethanediyl), [alpha]-(4-
nonylphenyl)-[omega]-hydroxy-
26571-11-9 3,6,9,12,15,18,21,24-Octaoxahexacosan-
1-ol, 26- (nonylphenoxy)-
27176-93-8 Ethanol, 2-[2-(nonylphenoxy)ethoxy]-
27177-05-5 3,6,9,12,15,18,21-Heptaoxatricosan-1-
ol, 23-(nonylphenoxy)-
27177-08-8 3,6,9,12,15,18,21,24,27-
Nonaoxanonacosan-1-ol, 29-(nonylphenoxy)-
27986-36-3 Ethanol, 2-(nonylphenoxy)-
37205-87-1 Poly(oxy-1,2-ethanediyl), [alpha]-
(isononylphenyl)-[omega]-hydroxy-
51938-25-1 Poly(oxy-1,2-ethanediyl), [alpha] (2-
nonylphenyl)-[omega]-hydroxy-
68412-54-4 Poly(oxy-1,2-ethanediyl), [alpha]-
(nonylphenyl)-[omega]-hydroxy-, branched
127087-87-0 Poly(oxy-1,2-ethanediyl), [alpha]-(4-
nonylphenyl)-[omega]-hydroxy-, branched
* * * * * * *
------------------------------------------------------------------------
[FR Doc. 2018-12628 Filed 6-11-18; 8:45 am]
BILLING CODE 6560-50-P