[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Rules and Regulations]
[Pages 27271-27274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11562]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 710
[EPA-HQ-OPPT-2009-0187; FRL-8874-2]
RIN 2070-AJ43
TSCA Inventory Update Reporting Modifications; Submission Period
Suspension
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is amending the Toxic Substances Control Act (TSCA)
section 8(a) Inventory Update Reporting (IUR) regulations by suspending
the next IUR submission period. The IUR requires manufacturers
(including importers) of certain chemical substances included on the
TSCA Chemical Substance Inventory (TSCA Inventory) to report current
data on the manufacturing, processing, and use of the chemical
substances. In the Federal Register of August 13, 2010, EPA published
proposed modifications to the IUR regulations. EPA is suspending the
next submission period to allow additional time to finalize the
proposed modifications to the IUR regulations, and to avoid finalizing
changes to the reporting requirements in the midst of the 2011
submission period. EPA expects to finalize, in the near future, changes
to the IUR reporting requirements which will supersede this action.
DATES: This final rule is effective May 11, 2011.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2009-0187. All documents in the
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is
not publicly available, e.g., Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.,
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the OPPT Docket is (202)
566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.
FOR FURTHER INFORMATION CONTACT: For technical information contact:
Chenise Farquharson, Chemical Control Division (7405M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-7768; e-mail address: farquharson.chenise@epa.gov.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; e-mail address: TSCA-Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be potentially affected by this action if you manufacture
(including manufacture as a byproduct) or import chemical substances
listed on the TSCA Inventory. Potentially affected entities may
include, but are not limited to:
Chemical manufacturers and importers (NAICS codes 325 and
324110; e.g., chemical manufacturing and processing and petroleum
refineries).
Chemical users and processors who may manufacture a
byproduct chemical substance (NAICS codes 22, 322, 331, and 3344; e.g.,
utilities, paper manufacturing, primary metal
[[Page 27272]]
manufacturing, and semiconductor and other electronic component
manufacturing).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the technical person listed under FOR FURTHER
INFORMATION CONTACT.
II. Background
A. What action is the agency taking?
EPA is amending 40 CFR 710.53 to suspend the next submission period
within which manufacturers and importers must report IUR data to EPA.
The IUR final rule, published in the Federal Register issue of December
19, 2005 (70 FR 75059) (FRL-7743-9), established June 1, 2011 to
September 30, 2011, as the second of a series of recurring submission
periods for the IUR.
In the Federal Register issue of August 13, 2010 (75 FR 49656)
(FRL-8833-5), EPA published proposed modifications to the IUR
regulations. This action suspends the second IUR submission period,
which is the next IUR submission period. Thus, the submission of IUR
data for the next submission period will be neither required nor
accepted until the suspension has been lifted or superseded by
subsequent EPA action. This action to suspend the next submission
period is needed due to the length of time which has been necessary to
complete work on the proposed modifications and to avoid finalizing
changes to the reporting requirements in the midst of the 2011
submission period. This is a one-time suspension of the next submission
period only, and it does not alter the timing of subsequent submission
periods (e.g., the submission period from June 1, 2016 to September 30,
2016).
This action also addresses, in part, concerns raised by the
regulated community (in their comments on the August 13, 2010 proposed
rule) about the span of time between the issuance of a final rule
modifying the IUR and the close of the next submission period. EPA
received numerous comments requesting that the span be sufficient to
accommodate the commenters' adjustments to their internal information
collection procedures. At the same time, EPA acknowledges the comments
it received on behalf of numerous environmental and public health
advocates, emphasizing the criticality of the information to be
collected under a modified IUR, for purposes of informing future risk-
based decisionmaking. While EPA cannot fully respond to comments about
the appropriate timing for implementing IUR modifications until those
modifications have been finalized, EPA believes that a suspension of
the next submission period is necessary at this time given the pending
proposed changes. When EPA completes its work to modify the IUR, the
Agency expects, in a final rule, to establish the next applicable
submission period and supersede the suspension that this action puts in
place.
B. What is the agency's authority for taking this action?
The IUR rule is issued pursuant to the authority of section 8(a) of
TSCA, 15 U.S.C. 2607(a).
Consistent with section 553 of the Administrative Procedure Act
(APA), 5 U.S.C. 553, EPA is finalizing this action based on public
notice and opportunity to comment afforded with respect to the August
13, 2010 proposed rule. See the August 13, 2010 proposed rule
(soliciting comment on the transition to new IUR requirements).
Alternatively, under section 553(b)(3)(B) of the APA, the Agency may
issue a final rule without providing for notice and comment if it
demonstrates that it has good cause to do so by finding that notice and
comment are impracticable, unnecessary, or contrary to the public
interest. For this final rule suspending the next submission period,
the Agency finds that the opportunity for notice and comment already
afforded on the August 13, 2010 proposed rule met the APA requirement
for notice and comment. However, even if it had not, notice and
comments on this specific suspension would be impracticable.
The Agency believes that it would be impracticable to afford
further opportunity for public comment respecting the suspension of the
next submission period, because doing so would defeat the two chief
purposes of the action:
1. To address, before the current submission period begins to run,
the concerns of regulated industry respecting the span of time that
will be available between the expected finalization of the proposed
modifications of the IUR and the close of the currently applicable
submission period.
2. To accommodate the promulgation of a final rule which EPA
expects will modify the IUR reporting requirements in the near future,
without having such finalization occur in the midst of an active
submission period. The next applicable reporting period would run from
June 1, 2011 to September 30, 2011 if not suspended.
If EPA were to delay this action pending further opportunity for
public comment, the action to suspend the next submission period would
itself be postponed, and likely could not be finalized until the latter
part of the submission period, by which point it would be too late to
avoid the confusion and duplication of effort that EPA anticipates
would likely occur if this submission period were to open prior to the
completion of work on the proposed modifications of the submission
requirements.
Similarly, under section 553(d) of the APA, 5 U.S.C. 553(d), the
Agency may make a rule immediately effective ``which grants or
recognizes an exemption or relieves a restriction,'' or otherwise ``for
good cause found and published with the rule.'' For the following
reasons, EPA has determined that this action ``relieves a
restriction,'' that there is also ``good cause'' to make this amendment
effective upon publication in the Federal Register, and that this
action will be effective immediately upon publication in the Federal
Register.
Without immediate amendment, 40 CFR 710.53 would provide that the
next submission period for the IUR would run from June 1, 2011 to
September 30, 2011. The immediately effective upon publication in the
Federal Register amendment to 40 CFR 710.53 suspends the upcoming
submission period. The Agency has determined that an immediate
suspension of the next submission period is warranted because it gives
affected parties additional time to adjust their behavior in response
to other portions of the proposed rule that EPA expects will soon be
finalized and because it averts potential confusion and duplication of
effort, which could occur if other portions of the proposed rule,
substantively affecting the submission requirements of the IUR, become
effective in the midst of the IUR submission period itself.
C. What is the status of the proposed IUR modifications rule?
EPA proposed to amend the TSCA section 8(a) IUR rule in the Federal
Register issue of August 13, 2010. The IUR enables EPA to collect and
publish information on the manufacturing, processing, and use of
commercial
[[Page 27273]]
chemical substances on the TSCA Inventory. This includes current
information on chemical production volumes, manufacturing sites, and
how the chemical substances are used. This information helps the Agency
determine whether people or the environment are potentially exposed to
reported chemical substances. In the August 13, 2010 document EPA
proposed to amend the IUR rule to require submission of information
that will better address Agency and public information needs, improve
the usability and reliability of the reported data, and ensure that
data are available in a timely manner. EPA also proposed to require
electronic reporting of IUR information and to modify IUR reporting
requirements, including certain circumstances that trigger reporting,
the specific data to be reported, the reporting standard for processing
and use information, and CBI reporting procedures. The public comment
period for the August 13, 2010 proposed rule closed on October 12,
2010. EPA is completing work on the August 13, 2010 proposed rule and
expects to promulgate, in the near future, a final rule addressing IUR
modifications.
III. Statutory and Executive Order Reviews
A. Executive Order 12866
This action is classified as a final rule because it makes an
amendment to the Code of Federal Regulations (CFR). The amendment to
the CFR is necessary to allow for a one-time postponement to the 2011
reporting IUR period. This action does not impose any new requirements
or amend substantive requirements. This action is not subject to review
by the Office of Management and Budget (OMB) under Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, November
4, 1993).
B. Paperwork Reduction Act
This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq.
C. Regulatory Flexibility Act
Because this action does not impose any new requirements or amend
substantive requirements, EPA certifies this action will not have a
significant economic impact on a substantial number of small entities
and there will be no adverse impact on small entities resulting from
this action under section 605(b) of the Regulatory Flexibility Act
(RFA) (5 U.S.C. 601 et seq.)
D. Unfunded Mandates Reform Act
This action does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L. 104-4).
E. Executive Order 13132
The Agency has determined that this action will not have a
substantial direct effect on 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, as specified
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that 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.'' This action does not alter the relationships or
distribution of power and responsibilities established by Congress.
F. Executive Order 13175
The Agency has determined that this rule does not have any ``Tribal
implications'' as described in Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
22951, November 9, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by Tribal officials in the development of regulatory policies that have
Tribal implications.'' This final rule will not have substantial direct
effects on Tribal governments, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes, as
specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this rule.
G. Executive Order 13045
This action does not require OMB review or any other Agency action
under Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997).
H. Executive Order 13211
Because this final rule is exempt from review under Executive Order
12866 due to its lack of significance, this final rule is not subject
to Executive Order 13211, entitled Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001).
I. National Technology Transfer Advancement Act
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).
J. Executive Order 12898
This action does not involve special considerations of
environmental justice related issues as required by Executive Order
12898, entitled Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (59 FR 7629, February
16, 1994).
IV. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report to each House of the Congress and
the Comptroller General of the United States. 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 rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 710
Environmental protection, Chemicals, Hazardous materials, Inventory
update reporting, IUR, Reporting and recordkeeping requirements, TSCA.
Dated: May 2, 2011.
Stephen A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, 40 CFR chapter I is amended as follows:
PART 710--[AMENDED]
0
1. The authority citation for part 710 continues to read as follows:
Authority: 15 U.S.C. 2607(a).
0
2. Add the following sentence to the end of Sec. 710.53 to read as
follows:
[[Page 27274]]
Sec. 710.53 When to report.
* * * Notwithstanding the foregoing, and without any alteration of
the status or timing of any subsequent submission period, the second
submission period (which would otherwise be from June 1, 2011 to
September 30, 2011) is suspended.
[FR Doc. 2011-11562 Filed 5-10-11; 8:45 am]
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