[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Rules and Regulations]
[Pages 36170-36172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14774]



 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: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].


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 
     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 

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 

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. 

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, 

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 

    Therefore, 40 CFR chapter I is amended as follows:


1. The authority citation for part 711 continues to read as follows:

    Authority:  15 U.S.C. 2607(a).

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]