[Federal Register Volume 89, Number 86 (Thursday, May 2, 2024)]
[Rules and Regulations]
[Pages 35748-35754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09428]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-TRI-2022-0262; FRL-2425.1-05-OCSPP]
RIN 2025-AA17


Addition of Diisononyl Phthalate Category; Community Right-to-
Know Toxic Chemical Release Reporting; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendment.

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SUMMARY: The Environmental Protection Agency (EPA or the Agency) is 
correcting a final rule that appeared in the Federal Register on July 
14, 2023, which added a diisononyl phthalates (DINP) category to the 
list of toxic chemicals subject to the reporting requirements under the 
Emergency Planning and Community Right-to-Know Act (EPCRA) and the 
Pollution Prevention Act (PPA). However, the amendment could not be 
incorporated into the regulation due to an inaccurate amendatory 
instruction. This document corrects the amendatory instructions.

DATES: Effective on May 2, 2024.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-TRI-2022-0262, is available at 
https://www.regulations.gov. Additional instructions on visiting the 
docket, along with more information about dockets generally, is 
available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Rachel Dean, Data Collection 
Branch, Data Gathering, Management, and Policy Division (Mail code: 
7406M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; 
telephone number: (202) 566-1303; email address: [email protected].
    For general information contact: The Emergency Planning and 
Community Right-to-Know Information Center; telephone number: (800) 
424-9346 or (703) 348-5070 in the Washington, DC Area and 
International; website: https://www.epa.gov//hotlines.

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    The Agency included in the July 14, 2023, final rule a list of 
those who may be potentially affected by this action.

II. What does this correction do?

    EPA issued a final rule in the Federal Register on July 14, 2023 
(88 FR 45089) (FRL-2425.1-03-OCSPP) which added a diisononyl phthalates 
(DINP) category to the list of toxic chemicals subject to the reporting 
requirements under the EPCRA and the PPA. In the final rule's 
instructions to amend the Code of Federal Regulations (CFR), EPA 
intended to add the DINP category alphabetically to the list of TRI 
chemical categories at 40 CFR 372.65(c). However, the list of TRI 
chemical categories in the CFR at the time had been incorporated as a 
static image of a table, which introduced formatting challenges with 
regard to updating 40 CFR 372.65(c) per the amendatory instructions in 
the DINP category rule because the Agency did not provide a new static 
image of the table. This document corrects the formatting in Table 3 to 
paragraph (c) of 40 CFR 372.65(c) by removing the static image of the 
table and replacing it with a table consisting of text and images of 
chemicals structures, as applicable.

III. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)(3)(B)) provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that notice and public

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procedure are unnecessary because EPA provided a full opportunity for 
notice and comment before issuing the final rule that published in the 
Federal Register on July 14, 2023, and this correction merely corrects 
the amendatory instructions to ensure that the rule is correctly 
codified in the CFR. EPA finds that this constitutes good cause under 5 
U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and executive order review requirements 
apply to this action?

    No. For a detailed discussion concerning the statutory and 
executive order review requirements refer to Unit VI. of the final rule 
issued on July 14, 2023.

V. Congressional Review Act (CRA)

    Pursuant to the CRA (5 U.S.C. 801 et seq.), EPA will submit a 
report containing this rule and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the United States prior to publication of the rule in the Federal 
Register. 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: April 24, 2024.
Michal Freedhoff
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, for the reasons set forth in the preamble, EPA is 
amending 40 CFR part 372 as follows:

PART 372--TOXIC CHEMICAL RELEASE REPORTING: COMMUNITY RIGHT-TO-KNOW

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.  [thinsp]372.65, amend Table 3 in paragraph (c) to read as 
follows:


Sec.  372.65   Chemicals and chemical categories to which this part 
applies.

* * * * *
    (c) * * *

Table 3 to Paragraph (c)

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[FR Doc. 2024-09428 Filed 5-1-24; 8:45 am]
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