[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Rules and Regulations]
[Pages 27271-27274]
From the Federal Register Online via the Government Publishing 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: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; e-mail address: [email protected].

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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