July 13, 1993 (PDF)

001 Federal Regieter I VoL for starage, treetnrent,01 disposal of hazardous waste m s file a notification ut form with EPA [oran a u t h h d state). The information rsqusted Indudss !he location and generai description of hazardous waste activity. EPA uses the mrcirr=letion far R -.-c:etv o';j-sps~i~n, enisrccant, aiid tracfciig pm GSBS. Burden Statement: The pub& reporting burden far this mUection is estimated to average 3.1 h o w par response and includes all aspects o€the information collection including the time for reviewing instrudions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of idormation. Respondents: h e r s and operators of facilities that generate, transport, or handle hazardous waste. Estimated Number of Respondents: 58, Na 132 I Tuesday. July 13,1963 1 Noticas 3773s - c and end m Thursdey, July 22 1993. a t 5 p." Member dths public may attend 88 o€Ml8Aws. The meetins win be beid at t h e Omni G e q r o w n H691,2121 P Street W . , Weshingtton, M=. ADDRESSES: Eastern F.eWi>r;:h GTLUT.hc., ~ EFA E I amtrador. is providing logistical support far the wwkdmp. To m n ule ed workshop as an obrsner. Eastern cnll Research Group at 617/674-7374 or contact M a r a E v a ~EMtem Remuch , Group, InC, 110 Harhoell Avenue, Lexington. Ibhsachus8?ts(12173,Tel: 617f674-7316 by Friday,July 18,1993. space i limited. s FmFuRTHEzI~oRuATtQN~m clam Stine, Environrnnntal us revisedGwposlmeF~ctanrHandbookis intended t mrve m a SUP+ document o t EPA's Exparum Asmssmmt o ~uidelin-157 FR m ~ ~a(av; 29,1992 j 8 by pmviding data an tsdanthat -be suggestiansforredudngtheburden,to: needed to cahiate human sxposure to Sandy Farmer,U.S. Emrironmental toxic chemicals.The Guidelines-e r protection Agency, Information Policy dwekyed to promote consistency across exposun, assessment activities carried out by various EPA &as, Tbe Handbook proTlides a common database that all Agwcy progrtuns canuse to Management and Budget, Office of derive values for exposurs assessment Information and Regulatory Affairs, , "A 725 17th Street, NW., \ Washington, DC f a d O r S . ThirWOrkshopwilltocus4l5 \ T t. 20503. Estimated Number of Responses Per Respondent: 1 . Estimated Tdal Annual W e n OR Respondents: 108.500 hounr. uency of collection: On occasion. Sen commentsregardingtheburdcla estimate, QC any othar asped of this collectian a f i n f d o n , iJxhlding 35,000. Prdection Agwcy, Rislr Aprersment Forum -72). 401 MStreet. S . W. Washington, Dc 20460, T8k (202) 2806743. swfuENlARYELMIwAT#1(:The '-7 l7 Dated: July1.1993. DovklschwM. IFR Doc. 93-16556 Fiied 7-12-93; e15 am1 BluwQcau€- devcalopingrecmnmendatimm i m p ~ t h e l 9 9 o ~ ~ F ~ " J-/ [FRLMS-q Workshop on Expo8w Fadorv Handbook Us.Environmental Prdection Agency. AC?IOM Notice ofmeeting. AGENCY: SUMMARY: notice announces a This H ~ a n d w i l l d ~ s r u a u recommendatiano fDrpotentialz8vsOns and additions, induding identifidm of new expormre €actorsand data s m6 o e. To obtain a single copy OZ the 1990 H n b o .interested parties should adok contad the ORD Publications Office, CERI. us.EnvironmentalProtectinn Agency, 26 W s Martin Luther King et Drive, CincinOeti.M 45268, Tel: 513t I 569-7562. Please provide you name, mailing address, and EPA docunwnt number EPA/600/889/M3. worksbop sponsored by the US. Dated: Jufy7,1993. Envimnmental Protection Agency's CPrlGabar, (EPA's) Risk Assessment Forum b Ahi&&X**d develop recommendations for potential revisions and additions to EPA%1990 Exposure Factors Handbook (Handbook) (EPAl600f 8-891043). ~~~~s:The~orkshopwillbegln~~~~ Wednesday. July 21.1993, at 8 5 0 am. 37738 F e d d Register 1 VbL 58, Na 132 / Tuesday, July 13, 1993 1 Notice8 environmental contamination. The notice will include discussion of compLianca and enforcement issues assodated with the refined guidance. I I Section Me) Policy &linement I. As section 8(e) i interpreted in Parts s V(b)(l) and Vlc) of the 1976 Policy Statement. EPA q u i r e s the reporting of certain substantial risk information concerning the release of chemical substances to, and the detection of chemical substances in, any environmental media. In order to enhance TSCA section 8(e) implementation, EPA is herein proposin refinements to the guidance presentedl in Part V(b)(l) of the 1978 Policy Statement. EPA is offering all interested parties the opportunity to submit written comments relating to the specific types of chemical release and detection information that should be reported under section 8(e)of TSCA. Additionally, since EPA issued its 1978 Policy Statement, there have been numerous Federal laws passed and/or amended, and a large number of Federal regulations promulgated that are designed to gather chemical-related information, including information relating to the release of chemicals to and the detection of chemicals in the environment. Moreover, there may be other circumstances under which information may be considered known to the Administrator under TSCA section 8(e): several are bsted in Part M of the 1978 Policy Statement and other circumstances are identified herein. Therefore, comments are also being solicited on the circumstances under which EPA should consider itself to be adequately informed about substantial risk information, thereby falling outside of the mandatory reporting requirements of section 8(e). Also, concerning Part I of the 1978 V Policy Statement, EPA intends to change the m n t 15-working day reporting deadline for the submission of written reports containing substantial risk information to 30 calendar days. Note that this slightly longer reporting deadline would apply only to written reports; oral reports regarding emergency incidents of environmental contaminahon will continue to be required to be made immediately (Le.. “as soon as [one obtains] knowledge of ths incident.” COB Pa? t of the 1q78 V Po!icl; Stdtqrnentj. W.1 boiieves !ne change from 15 working days to 30 calendar days would significantly relieve the burden on persons subject to section 8(e) reporting without substantial1 affectingFPA’s ability to appropriate y evaluate and respond in a &all immediately inform the P A 1 Administrator of Sudl information , unlesssuch rsonhasadual lcnowledge E t the Administrator has been adequately informed of such information” [IS U.S.C. 2 0 ( ) .The 67e1 bmad scope and nature of TSCA d o n 8(e)makes it one of the most important heelth and safety data reporting mvisioocl under T s c k The statutory Lguage of d o n 8(e) and the section 8(e)interpretive documents issued to date q u i r e the exercise of a certain degree of judgment in determining +e section 8(e)reportability of informahon. The d o n 8(e) reporting requirements became effective on jmuary 1.1977, the effective date of Tsch Although section 8(e) is selfimplementing, EPA issued a proposed olicy statement on September 9.1977 42 F 453621, and sought public R comment with regard to the Agency’s interpretation and implementation of section 8(e). Following receipt and eonsideretion of numerous public comments, on uarch 18,1976(43FR 11110).EPA issued a find TSCA section 8(e) policy statement (“Statement of Interpretation and Enforcement Policy: Notification of Substantid Risk,” hereinafter cited as the “1978 Policy Statement”). The 1978 P o k y Statement describes the types of information that EPA considers reportable under section 8(e) and describes the proceduras for reporting such information t EPA. On o May 29,1987 (52 FR 200831, EPA amended the 1978 Poli Statement t o renecta ~ h a n g e the3dmss to which in written section &%(e) notices must be transmitted. In June 1991,the Agency issued a TSCA Section 8(e)Report@ Guide. which i available f o the s rm source listed under f O A W m E R P applicabilinc: the '%un?nr:lrs S a plant S L ! v i s imder wection 3?1$J(5) of the Fetdaral EY&r ~ re1ec:ed this positicn because t h e i m z groundwattjr, stiiact, ICater, a & o r a is P:!h!ion Coctrol Act. i Since 1978, them have been Games for mandatory reporting under ofgraatsr cctncern then a situation the numerous authorities and programs n numerous Federal laws passed and/or involving similar soil contamination i w i h because of the soil type or other amended and a large number of Federal cited above vary greatly and in some hc, regulations promulgated that are circumstances. there i l t l or no s ite cases can exceed 6 months. Therefore. designed to gather chemical-related likelihood that the chemical will EFA at this time intends no change in migrate. There tne also non-emergency its position that for ELECs, the obligation infomation. In recognition of the situations in which 8 significant M C 4 or other objective reporting by EPA. should chemical contamination is discovered standards if develo for reporting under inside physical structures within the never be conside hc. plant site boundaries, w i h when section 8(e)because EPA has already established an objective threshold As combined with other pertinent indicated above, EPA has at this time information (e.g., potential for exposure, rejected ti approach. Comment is hs toxicity of the chemical], can trigger specificall solicited on the subject of sedion 8(e) reporting; examples include section a(e7 reporting of releases or but are not limited to: (1) The detection detections of chemicals in amounts or of significantamounts of a toxic concentrations below values established chemical substance in workplace air by EPA under other environmental and/or on surfaces within a hcility in protection authorities. which the chemical is typically handled It should be noted that Part V(b)(l) of in a closed system, and (2) the detection the 1978 P o k y Statement pertains o si i5cant levels o a toxic byf f specifically and solely to the fact that a pro uct not already generally known to non-emergency situation involving the be associated with a given chemical release or detection of a chemical process, or known to be associated with substance or mixture has been the chemical process but found at levels discovered In other words, information significantly above those previously arding a non-emeqpncy chemical believed to be associated with that re ease or detection event, in and of proCeSS. less of whether effects were B. Information That Need Not Be observ assodated with that particular Reported release or detection, may be reportable under Part V(bl(1) of the 1978 Policy Part W of the 1978 Policy Statement Statement. If health or environmental lists the circumstances under which effects as described under Part V (Le., information need not be reported to EPA Part V introduction,P r V(a), and P r at a t pursuant to section ae). Specifically. V&)l of the 1978 Policy Statement are P r M of the 1978 Policy Statement at observed in conjunction with or indicates that information need not be subsequent to the non-emergency reported to the Agency under section release or detection, and the released or 8(e) of TSCA if it: detected chemical substance or mixture (a) H s is strongly implicated as being the cause (b) Haa been ublished by EPA in reports; been sutmitted in writing to EPA of those efhcts, a written report must be punuant to a mandatoryreporting submitted to the Agency within 30 requirementunder TSCA or any other calendar days, regardless of the quantity authority administered by EPA (including the Federal Insecticide, Fungicide and or concentration of the substance P C P "B T incraased mandatory reporting of infarmation under various laws administered. delegated. or authorized by P A . EPA intends to revise paragraph (b) above so that a section 8(e) obligation is satisfied if emergencyinformation is reported immediate1 (i.e, as soon as the subject person has owledge of the incident) and non-emergency information is reported within 30 calendar days on a mandatory basis to: (1) EPA. under any Federal statute administered by EPA (inciuding, but not limited to, the Toxic SubstancesControl Act; the Federal Water Pollution Control Act; the Clean AU Act: the Federal Insecticide, Fungicide and Rodenticide Act; the Safe Drinking Water Act; the Marine Protection. Research and Sanctuaries Act: the ComprehensiveEnvironmentalResponse, Compensationand Liability Act; the Resource Conservationand Recovery Act; the Pollution Prevention Act; the Emergency Planning and Community Right-to-Know Act (=)I; (2) A State, under any Federal statute administered by EPA and delegated to that State (e.g., National Pollutant Discharge EliminationSystem (NPDES) permit requirements)(see example 1 below);or (3) A State, under an EPA-authorized State program. which has been established pursuant to a Federal statute administered by EPA (e.&. an EPA-authorized State Resource Conserration and Recovery Act (RCRA) H Prngram). P Federal Register / Vol. to report under section 8(e) i satisfied s if the mandatory reporting takes place immediately (i.e. as soon as the subject person has knowledge of the incident) under a Fedeid statute admifiistered or bv dele~ated P A . or under a provision of ail E!”P.-acl:hcr:zad Stat0 58, No. 132 / Tuesday, July 13, 1993 / Notices 37739 - 5. A radio or television news report prw;rar,i. F Q non-emergency infornabon, the obligation to report under section 8(e) of TSCA would be satisfied if the information is reported on a mandatory basis within 30 calendar days. This 30 calendar-day reporting period is a change from the current 15 working-day reporting period; it follows from the change discussed earlier in this Unit regarding the reporting deadline under Part N of the 1978 Policy Statement for any written report of substantial risk information submitted under section 8bl. Information that is not required to be reported under one of the above authorities, even if provided along with information required to be reported under that authority. remains subject to reporting under section 8(e) of TSCA. Since issuing the 1978 Policy Statement, EPA has determined that there are certain circumstances not addressed in the 1978 Policy Statement in which information need not be reported under section 8(e).EPA typically has adequate access to such information, and EPA believes that reporting under the circumstances would result in an undue burden to the regulated community and an hformation review/processing burden to EPA which would outweigh any potential public benefit that might be obtained by requiring reporting of such information under section 8(e). Accordingly, EPA intends to change Part W of the 1978 Policy Statement to indicate that information need not be reported under section 8(e) of TSCA if rm the information is obtained solely f o one of the following sources: 1. An official publication or official repor! published or made available to the genera! public by EPA or another Federal agency (see example 2 below]. 2. A scientific publication to which an EPA Headquarters library subscribes (seeexample 3 below) or that is referenced in a database, including one which is computerized, to which an EPA Headquarters library subscribes. 3. A data base, including one which is computerized, to which an EPA Headquarters library subscribes (see example 4 below]. 4. A major written news publication (Le., newspaper, news magazine. trade press1 with national circulation in the US. iI I I ! i I I I i broadcast nationally in the U.S. (see exam le 5 below). 6. inational public scientific conference or meeting held within the U.S., provided that the information is cap;ured sccn~rstslyby w3y of e meeting ~ trrt~~;rip:, abst:ect, oi 0 i h i sci& ~ r d and is cited in a bibliographidabstract computerized data base, publication, or report of the type cited in paragraphs 1, 2 , 3 , 4 , or 5 above within 30 days of obtaining such information (see example 6 below). Regarding paragraphs 2 and 3 above, general information concerning the data bases and publications to which the EPA Headquarters libraries subscribe will be available from the source listed under FOR NRTHER INFORMATION CONTACT in this document. SpecificaIly regarding paragraphs 4 and 5 above, @A anticipates that information will be obtained from news publications with less than national circulation, or radio or television news reports broadcast only on a local, State, or regional level. In such cases, the information must be reported under section 8fe)of TSCA unless the subject person has actual knowledge that EF’A has been adequately informed of such information through that or another soum. EPA maintains its position under P r at w(c) the 1978 Policy Statement that of information need not be reported under d o n 8(e) of TSCA if the information corroborates well established, serious adverse effects that are already documented. The term ”corroborates,” in the context of this particular reporting exclusion, means that the information essentially duplicates and/ or confirms an existing and welldocumented understanding of a serious adverse effect of a particular chemical substance or mixture. EPA has correctly received, and expects to continue to receive, substantial risk reports that show adverse effects of a more serious degree or of a different kind than are already established. In other words, the Agency expects subject persons to immediately consider reporting information on serious toxic effects (including but not limited to cancer, developmental, reproductive tckicity, or neurotoxicity) if, for example: such effects are substantially more serious in terms of the severity of the effects or the number of animals affected; occur within a significantly shorter time h m e following exposure; occur via a different mute of exposure; occur at e significantly lower dose or concentration; or occur in a different e species, strain, or s x Examples 7 through 10 below serve to illustrate the distinctions created by this partmdar re ortin exclusion. h e foqlowing examples illustrate certain of the types of factors that persons should consider in detorrr.ining the applicability of @e exclusions descri!xo Rbow: , Exit-idpie k While f i i q 6 rnar,da:cry report with the State pursuant to its NPDES permit, Company A also notifies the State in writing that a recently conducted clinical study showed that a statistically or biologically significant number of male factory workers exposed to the effluent are sterile. Despite the fact that the company notifies the State, such reporting is not mandatory under the NPDES program and the company must consider the need to submit a timely written report to EPA under @on 8le) of TSCA. Example 2. Company A receives a public copy of an official report fkom the U.S. Department of Housing and In Urban Development (HUD). reading the report, the company learns that one of the chemicals the company distributes in commerce bas been strongly implicated as being the cause of chromosomal damage in humans. Company A determines that the information contained in the report is of the type that would be required for submission to EPA. However, Company A correctly decides that it need not report the information under section 8(e). Per Part W ( a ) ( l ) of the section 8 ( e ) Policy Statement as refined herein, because the information was obtained from an “official publication ... made available to the general public by ... another Federal agency” it would not be reportable under section 8(e). Example 3 Company A conducts a 4. day inhalation study of Chemical X in rats and finds that the chemical causes paralysis. Company A decides that these toxicological findings on one of its imported chemimh should be ublished in the o en scientific iterature and sen s a draft manuscript to a scientific journal to which an EPA Headquarters library subscribes. Upon publication, Company B, who is also an importer of Chemical X, reads the article pertaining to the $&day inhalation study of Chemical X and determines correctly that although the neurotoxicologic findings in rats are of the type required for submission to EPA under TSCA section 8(e), no section 8(e) notice from Company B i required. As the result of s its chemical screening activities, FPA discovers the published article concerning Company A’s M a y study. AAer investigating further, EPA determines that Company A should . have reported their findings under Section 8(e) of TSCA immediately upon P f obtaining the infonnatiosl:n m tbs l study was ultimately Company h did not O P - the tala information frurn a scientific journal. Example 4. Company A prowsses . c h e m i d X and has no toxicologicid information on the chemical, As Company A is SBerding a large commercial computerized data base to w i h EPA subsaibes for available hc toxicologicel information on chemical X it discovers an abstract that states that cfiemical X produced biindnesa in rats following om1 administration. Although this toxicologic effed Is clearly of the type required for submission under d o n ate) of T s c h Company A decides correctly that formal sectio~ 8(e)f i h g of the obtained toxicological information is not needed because the computerized data base from which tbe infonnation was obtained i one to which an EPA s Headquarters library subsaibes. Example 5. The Director o f Toxicology f o Company A is et bome rm watching t e nations1 nightly news on h the television. During the broadcast, she learns that a very leqp refease o f C h e m i d X just occurred at a chemical manufacturing site in e nearby State; at Despite the f c that she knows that her s company i also a majar manufacturer of Chemical X no report under TSCA section Ne) is required because the informatioo was obtained from 8 news re rt broadcast nationally. %ample 6 During a national public . scientific m e i g presentation on etn Chemical X showing that Chemical X caused 6 significant i m l of birth defects in rats,the Director of Toxicology for Company A,learns fmm the speaker that the oral administration of Chemical Y (an intermediate in a manufactwing pmcess a Company A I t also caused a significant level of birth defects in rats. I chedring the content n of the printed presentation abstract. which was disiributed publicly by the meeting sponson rim t the meetin o and has been a t d i n a cornput data base to which an EPA Headquarters library subscribes,the Director discovers that the printed abatrad accurately and adequately describes h only t e toxicologic Endings for Chemical X and not for Chemical Y. Under these cirrrumstaaces. Company A decides correctly to mport t e Endings h o for Chemical Y t EPA under d o n ’ etlzBdB BLj 3f 7-3a- E.K‘.u3i;7.P~e Ct33lztilly A MW.lJhC%IES 7. cherni&l X and tests the & e m i d in a chronic feeding study i m c . it ir n ia already well established and well documented publicly that chemical X a n cause a significant number o f malignant skin tumors tn mice (u the W of chronicdermal appllcpthm. b ~ the chronic heding study, ttre ampmy finds that chemical X causw a significant number of benign and malignant panueatic tumnr. Considering that the findings 6rorn the h i c feeding study d i k in e major way from the already available i n t o m t i o n fmm the &ronic dennel application study, the pancreetic amcm findings must immediately be considered for reporting to EPA under section 8[8) OiTSCA. Example 8. Company A manufsctures h chemical X and tests t e chemicaf in a chronic skin-painting study in rats. It is already well-documented publiciy that chemical X can cause malignant skin tumors at the application site i mice as n the result of chronic dermal application. The company finds that chemica1 X causes a significent number of malignant skin tumors at the site of application in rats. In view of the f a d that it is not wellknown or wellestablished that chemical X can cause cancer in rats folIowing dermal application, Company A must immediately consider the need to report its findings under sedion 8(eL Example 9. During the conduct of a 28-day dermal application study in rats, Company A finds that exposure to one o its products, Chemical X. results in f hind-limb paralysis By way of an article published previousiy in a scientific journal to which an EPA Headquarter library subscribes. the company is also aware that acute oral exposure to Chemicel X results in frank neurotoxicologic effects in rats Considering the f c that the route of at exposure in Company A s study was different than the one used in the published study, Company A must immediately consider the n d to report its findings to EPA under section 8fe)o f TSCA. Example 10. During the couduct of a chronic dermal application study i n rats, Compaoy A finds that exposure to C h h C a l x results h 8 significant number of animals with malignant bone tumors after only 12 to 18 months o f exposure. By way of a formally published abstract contained in a date base to w ~ i c h EPA Headquarters an library subscribes. the company i also s e w m that the same type of tumors had been found i rats exposed dermally to n the sac12~doses of Chernicsl X but only o h r two years c Idermai r ~ p o s u s . Considering the Eect that in Company A’s study, the time to onset of :he bune tumors differs significantly from that cited in the previously conducted study, Company A should immediately consider the need to submit 4 e 12 to 18 I month findings under sedan ale) o f TSCA. I .CooIideatiPEtyCIa b V EPA considers information contained in a notice of substantial risk under TSCA section 8te) to be health and safety information generally covered by the term “health and safety study.” a s @. defined at TSCA section 3) Under TSCA section 14(b). such information can be withheld frum the public aa confidential if it “discloses processes used in the manufacturing or processing of a chemical substance or mixture or, in the case of a mixture [discloseslthe portion of the mixture comprised by any of the chemical substances in that mixture.” TSCA section 3(6) defines a “health and safety study” to mean “any study of any effect of a chemical substance o r mixture on health or the environment or on both, inctuding the underlying data and epidemiological studies, studies of occupational exposure to a chemical substance or mixture, toxicological, clinical, and ecological studies of a chemical substance or mixture. end any test performed pursuant to this Act.“ In the legislative history of the Toxic Substances Control Act.the Conference Committee stated that “tilt is intended that the term (health and safety studies) be interpseted broadly. Not only is information which erises as a resuit of a formal, disciplined study included, but other infoimation relating to b e effects of a chemical substance or mixture on health and the environment is also included. Any data that bears on the effects of a chemical substonce on . bed& or the environment would be included.” H.R Rep. No. 94-1679.94th Cong, 2nd Sess. 5 8 (1976)[Conference Report) (emphasis added). EPA believes that TSCA.saction8(e)information, such as information or undertying data h m designed controlled studies or reports concerning andesigned uncontrolled circumstances. is information that “bears Qnthe effscts of a chemical substance on health or the environment.” Likewise. incident information. exposure studies, and their to underiying data are 1~1i~iciereifbe information relating to the eifects of a chemical substance or mixture on health and/or the environment. Therefore. to the extent that information contained in e section ale1 substantial risk report fails within the l ~ c ; t I ” . . ... ~k r term ‘*hei:.i& a d s,;faty AI,,, . .he o i study” under T S U , it is ~ ~ b j t j tot the c same nos-disclosum restrictions afforded TSCA “ConfidentiaI Business Information” ( T S C A CBI). as provided by TSCA section 14jb)and its interpreting regulations. 9 - Federal Register 1 Vol. 58, No. 132 1 Tuesday, July 13, 1993 1 Notices ,, % ~ 37741 EPA considers chemical identity to be part of, or underlying data to, a health and safety study. See, for example, 40 CFR 716.3 and 40 CFR 720.3fi). As such, chenicai identity will be afforded CBJ protection by the Apfinor and ther;Lre pntsctda 5 . r ~p t :IC disclosure oriiy under the circumstances provided under TSCA section 14 and the interpreting regulations. In September 1990,EPA initiated a CBI review program to ensure that CBI claims are made in conformance with TSCA section 14. To date, EPA has challenged numerous CBI claims contained in section 8(e) notices and other filings, and in most cases the filing has been amended by the data submitter. EPA urges persons submitting data under TSCA section 8(e) to observe the limitations imposed on CBI claims by section 14 and the applicable regulations at 40 CFR part 2, subpart B,in order to save both Agency and submitter resources. V. Refined Policy Text For the reasons set forth in this notice, EPA is soliciting comment on refinements to the 1978 P o k y Statement, which would be amended to read as follows: Statement of Interpretation of, and Enfonxrment Policy Concerning, W o n S(e) of the Toxic Substances Control Act 1, In P r II, by revising the note at the at at end of the P r to read as follows: Note. -Irrespective of a business organization’s decision to establish and publicize procedures described above, it is responsible for becoming cognizant of MY “substantial risk” Informationobtained by its officers and employees,and for ensuring that such information ih reported to EPA within 30 calendar days. 2. In Part N , revising the first by paragraph to read as follows: Requirement that a Person “m I ediately Inform ” the A dministmtor. With the exception of certain information on emergency incidents of at environmental contamination [see P r V(c)J,a person has “immediately informed” the Administrator if information is received by EPA not later than the 30th calendar day after the date the person obtained such information. Supplementary information generated after a d o n 8(e) notification has been filed should be submitted in writing within 30 calendar days after the date such supplementary information is obtained. Reports must be made as required under P r M.For emergency at incidents of environmental contamination, a person m s report the ut “Substantial risk” information need not be re orted if it: (a) IS oEtaineci from one of the following sources: 1. An official ublication or official report publishe or made availsble to &e pnmai_pubiic b v or aoTi’ilr Federai agen 2. A scient!& publication to which an EPA Headquarters library subscribes or that is referenced in a data base, (4 including one which i s computerized, to (b)Non-EmergencySituations of which an EPA Headquarters library Chemical Contamination Involving subscribes. Humans and/or the Environment, and 3 A data base, including one which . Environmental Effects4 1 ) Nonis computerized, to w i h an EPA hc emergency situations of chemical Headquarters library subscribes. contamination involving humans and/or Note: Specificallymgerding paragraphs (2) the environment. Information that and (31 above, general information pertains to widespread chemical concerning the data bases and publications to Contamination that is not an which th0 EPA Headquarterslibraries “emergency” situation under Part V(c) sub6cribe is available &om the below, but which because of the extent, EnvironmentalAssistance Division (TS-7993, Office of Pollution Revention and Toxics, pattern and/or amount of the Environmental Protection Agency, 401 M. contamination seriously threatens or Washington, DC 20460.(202) 551may seriously threaten (i) humans with St,SW., cancer, birth defects, mutation, death, or 1404,TDD (202) 554-0551. 4. A major written news publication serious or prolonged incapacitation (e.g.. serious neurotoxicologfcal effects. (i.e., newspaper, news magazine, trade ~productive/developmental effects),or press) with national circulation in the U.S. (ii) non-human organisms with large5. A radio or television news report scale or ecologically significant broadcast nationally in the U.S. population destruction, is subject to reporting. The mere presence of a Note:Speciffcal1y regarding paragraphs (4) chemical substance in an environmental and (5) above, EPA anticipates that o r n media, absent some other relevant information will be obtained h news publications with less than national infomation as noted above, would not news trigger reporting under section 8(e).The circulation,OT mdio or t e l e ~ i o n repom broedcast only on a local, State, or known or suspected toxidty of the regional level. In such cases. the information detected chemical substance(s) should must be reported under section 8(e] of TSCA be considered in conjunction with the unless the subject person has actual extent, pattern, and amount of the knowledge that EPA has been adequately contamination in determining whether infofmed of such infomation through that or to report such non-emergency another source. information. The greater or more serious 6.A national public scientific the toxicity of the subject chemical or conference or m e i g held within the etn mixture,the less heavily one should US. . . provided that the information is weigh the amount, extent, and/or captured accurately by way of a meeting pattern of the contamination. transcript, abstract, or other such record, Conversely, the greater the amount, end has been cited in a bibliographic/ extent, andlor pattern of the abstract computerized data base, contamination, the less heavily one publication, or report of the type dted should weigh the toxicity of the i paragraphs (1). (21, (3). (41, or (5) n chemical(s) in determining the section above within 30 days of obtaining such B(e)-reportability of that release or information. detection. lnformation concerning the (a) Corroborates (i.e., substantially detection of chemical substancss duplicates or confirms] in terms of. for contained within appropriate disposal example, route of exposure, dose, facilities should not be reported under species, strain, sex, time to onset, and at this P r . severity, a wel-recognized/well(2) Environmental effects. established serious adverse effect for the (3) Environmental effects. subject chemical(s), unless such (4) Environmental effects. * * information concams effects observed in (5) Environmental effects. * + t a b * association with emergency incidents of environmental contamination as 4. By revising Part VII to read as described in P r V(c). at follows: W. Information Which Need Not Be (c) Is information that is reported to Reported EPA within 30 calendar days for non- inddent by telephone to the appropriate contact as directed in Part M as soon as the person has knowledge of the inddent. The report should contain as much of the infmnatioc required by Pwt J as is possible. X 3. in Part V.by revisicg paragrspb bill)and a d h g &ha phrase “Environmental effects.” to the beginning of each paragraph in (b)(2) throu$~(b)(5)to read aa follows: B . . lvtureandtbeaxtePtdtbseiE.dror risk Involved. ami (OContainthespscificarurceofthe insrrmebon togeCherwithaarmmug * and Lbe iumxca of any avaibbb supporting technical dau F a emergeacy Mderrts of environmental ccwtaminntion(see P r at V(c)), a p%rron shall report tbe M h t to the Administrata by telephaae w goon a w h h knows sey ofthe incident (see b l w for appropriate eo telephone contacts). The repcwt should contain us much o the hiormatian f wquired by instructions (c)t r w ffi h o above aa possible. Twenty-fm hour emergency telephone numbers u m Region I Maine, Rhode bland, Connecticut,Varmont, Msssachusetts, New Zfarnpd~h), (617)223-7285. Region J (New York. New Jersey, Puerto I Rim, v i Islandsl, (201)548-8730. Region III (Pennsylvania, West Virginia, Virginia.Maryland, D l w r .District eaee of Columbia), (215)5 9 7 4 9 8 . Region IV (I(BQ1ucky. Tennesses, N r h ot caro~sauthCarolina,~e Alabama,Mississippi, Florida). (4041 347-4062. FEDERAt.COYYUMCATK)NS COMMlSSlOH ApplrcatknrrForConwMatedHePrlng 1. The Cammission has before it the following EP lications for a renewal of license forte evision station ( W mand 8 new commerdd P retevision etation. 1 A TrMW chris$all BRCT-911129KR' 83-158 Center at Sanb Ane, Inc.. dlbla Trinity Bmada&IngNetwodc. Monroe.GA ; R e g i a V (WisconSin. Ihois. I& nMichigaa 0 ~ 0 , Minnesde), (312) 353-2318. Region VI (New Mexico. Texas, Oldaboma. Arkansas, Louisiana), (214) 655-2222 Broadcast1 PanY, -- BecT-82QpBKE .........- Region W (Nebmsh Iowa, Mispouri. (913)23-778 Region M (Coiarado, Utah, W I 2. hvsuantto Sectzon 309(e) of t e h CommuDications Ad o 1934.ea f amended, the above applications have ming. been designated for hearing in a MCUltana.NO*Dsl;otkSOU~ consolidated proceeding upon tbe Dakota). (303)293-1788. issues whose heedings tam set fortb Region I (California, Nev& X Arhm. below. The text o each of these isatss f H n d i , Guam), (415)744-2000. har been ptsndardizedand lsset forth in Region X (Washington,Oregon, Idaho, its entirety under the corresponding AIasLa), [ZOSI 442-1263. headings at 51 FR 19347,May 29,1986. The l t e shown beforeeach applicant's etr VLCoPciPoioo name, above, i UBBd below t signify s o EPA will consider public comments whether the issue in question applies to submitted in responseto this Notice and that particular applicant. will publish In the Fsder.1 aeghdsr refined guidance W n i n g to the types h u e Heading and Applicantfo) 36of non-emergency chemical mlesse amt Section 7 . 1 FM-B detection infomretlon that must be COmpPratire-A It 8 reported under section He),the time Ultimate-A & B frames for reportfng Section 8(e) 3. If there b any non-standardized infomation, and the typeso f ioSw(s) in this oceeding. the full t e a information that need not be reported o the issue J * e applicant(s1t f o under d o n 6fe). Commentsbib a b which it applies a set forth i an m n sought on any cbenge i public n Appendix to this N h . A copy o the f wporting bwdsn which would resuk cornpiate XDCI u this pm&ng ia i f x m t i e r e v i m n s and cin~Ecations to avaiiabls for ins-pedon irnd mpying the 1978 P o k y Statement aa descrdoed d u i n g mmai business h o w i the n herein. The refinements contained in FCC Docket0 Branch (Room 230). 1919 this Notice will not be effective until M street, Nw..washiagtoo.Dc Thr, &er EPA lonucl.them i 6inal form, n complete text may also be purchased EPA intends to publish the refined from the CXmmswm'8 dupucatixq Ts(=A sedion Me) reporting pw in o ~ ~ , D o w n T a ~ n ~ C e n t e r , the Code of Federal Regulations -1. . .