[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Rules and Regulations]
[Pages 36170-36172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14774]
-----------------------------------------------------------------------
EVIRONMENTAL PROTECTION AGENCY
40 CFR Part 711
[EPA-HQ-OPPT-2009-0187; FRL-9353-1]
RIN 2070-AJ43
TSCA Inventory Update Reporting Modifications; Chemical Data
Reporting; 2012 Submission Period Extension
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is amending the Toxic Substances Control Act (TSCA)
Chemical Data Reporting (CDR) regulations by extending the submission
deadline for 2012 reports from June 30, 2012 to August 13, 2012. This
is a one-time extension for the 2012 submission period only. The CDR
regulations require manufacturers and 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.
DATES: This final rule is effective June 18, 2012.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number (No.) EPA-HQ-OPPT-2009-0187, is available
either electronically through http://www.regulations.gov or in hard
copy at the Pollution Prevention and Toxics (OPPT) Docket,
Environmental Protection Agency Docket Center (EPA/DC), EPA West Bldg.,
Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the OPPT
Docket is (202) 566-0280. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.
FOR FURTHER 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; fax
number: (202) 564-4775; email 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; email 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 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?
In the August 16, 2011, final rule entitled, ``TSCA Inventory
Update Reporting Modifications; Chemical Data Reporting'' (76 FR 50816,
August 16, 2011) (FRL-8872-9), EPA designated the 2012 CDR submission
period to be February 1, 2012 to June 30, 2012. EPA is issuing this
amendment to extend the deadline for 2012 CDR submission reports until
August 13, 2012.
The Agency is taking this action in response to concerns raised by
the regulated community about their ability to submit the required
information within the prescribed period. Written requests to extend
the CDR submission period are included in the docket (see ADDRESSES).
The compelling concerns raised by industry include the timing of
responses to inquiries about regulatory interpretations, particularly
for byproduct chemical substances, and issues associated with several
aspects of electronic reporting.
[[Page 36171]]
EPA believes it is appropriate to extend the reporting period to
allow the reporters associated with byproducts to understand and
determine their reporting obligations and to allow the regulated
community to adjust to electronic reporting and submit their reports.
With respect to the timing of this action, the need for the Agency
to extend the deadline arose, in part, as a result of issues
experienced by the regulated community with several aspects of
electronic reporting that were brought to the Agency's attention only
recently.
B. What is the Agency's authority for taking this action?
The CDR rule was issued pursuant to the authority of TSCA section
8(a), 15 U.S.C. 2607(a). Under section 553(b)(3)(B) of the
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), the Agency
may issue a final rule without a prior proposal if it finds that notice
and public participatory procedures are impracticable, unnecessary, or
contrary to the public interest. In this case, for the extension
sought, the Agency does find that normal notice and public process
rulemaking is impracticable. Given that the current reporting deadline
is June 30, 2012, it is impracticable to follow notice and comment
procedures on an extension of that deadline, because that process would
not allow the rule to be finalized before the current reporting
deadline. As discussed in this unit, the Agency only recently learned
that the regulated community was having difficulty submitting their
reports through the required electronic reporting mechanism. This
action does not alter the substantive CDR reporting requirements in any
way. The Agency also believes the one-time extension will not result in
a significant delay in the processing and availability of CDR
information to potential users. Further, this action is consistent with
the public interest because it is designed to facilitate compliance
with the CDR rule and to ensure that the 2012 collection includes
accurate data on chemical manufacturing, processing, and use in the
United States. Finally, any impact on the regulated community is
expected to be beneficial given that the one-time extension provides
additional time to submit accurate CDR reports to EPA.
Similarly, under APA section 553(d), 5 U.S.C. 553(d), the Agency
may make a rule immediately effective ``for good cause found and
published with the rule.'' For the reasons discussed in this unit, EPA
believes that there is ``good cause'' to make this amendment effective
upon publication in the Federal Register.
III. Statutory and Executive Order Reviews
A. Executive Order 12866 and Executive Order 13563
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 extension to the 2012 CDR
reporting period. This action does not impose any new requirements or
amend substantive requirements. This action is not a ``significant
regulatory action'' and is therefore not subject to review by the
Office of Management and Budget (OMB) under Executive Order 12866,
entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4,
1993) and Executive Order 13563 entitled ``Improving Regulation and
Regulatory Review'' (76 FR 3821, January 21, 2011).
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
This final rule is not subject to the Regulatory Flexibility Act
(RFA), 5 U.S.C. 601 et seq. The RFA applies only to rules subject to
notice and comment rulemaking requirements under the APA, 5 U.S.C. 553,
or any other statute. This rule is not subject to notice and comment
requirements under the APA because the Agency has invoked the APA
``good cause'' exemption.
D. Unfunded Mandates Reform Act and Executive Orders 13132 and 13175
This action will not have substantial direct effects on State or
tribal governments, on the relationship between the Federal Government
and States or Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and States or Indian
tribes. As a result, no action is required under Executive Order 13132,
entitled ``Federalism'' (64 FR 43255, August 10, 1999), or under
Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Nor does
it impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act, 2 U.S.C.
1531-1538.
E. Executive Orders 13045, 13211, and 12898
This action is not a ``significant regulatory action'' as defined
by Executive Order 12866. As a result, this action is not subject to
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997) and Executive Order 13211 entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001). In addition, this action also does
not require any special considerations under Executive Order 12898
entitled ``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
F. National Technology Transfer and 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, 15 U.S.C. 272 note.
IV. Congressional Review Act
Pursuant to the Congressional Review Act, 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). Under CRA section 808, an agency may
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding under the APA that notice and public
procedure is impracticable, unnecessary, or contrary to the public
interest. This determination must be supported by a brief statement, 5
U.S.C. 808(2). As discussed in Unit II.B., EPA has made such a good
cause finding for this rule and established the effective date that is
identified under DATES.
List of Subjects in 40 CFR Part 711
Environmental protection, Chemicals, Confidential Business
Information (CBI), Hazardous materials, Importer, Manufacturer,
Reporting and recordkeeping requirements.
[[Page 36172]]
Dated: June 11, 2012.
James Jones,
Acting Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, 40 CFR chapter I is amended as follows:
PART 711--[AMENDED]
0
1. The authority citation for part 711 continues to read as follows:
Authority: 15 U.S.C. 2607(a).
0
2. In Sec. 711.20, revise the second sentence to read as follows:
Sec. 711.20 When to report.
* * * The 2012 CDR submission period is from February 1, 2012 to
August 13, 2012. * * *
[FR Doc. 2012-14774 Filed 6-15-12; 8:45 am]
BILLING CODE 6560-50-P