[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Pages 65924-65926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22974]



40 CFR Part 711

[EPA-HQ-OPPT-2009-0187; FRL-9952-64]
RIN 2070-AJ43

Chemical Data Reporting; 2016 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 2016 reports from September 30, 2016 to October 31, 2016. 
This is a one-time extension for the 2016 submission period only. The 
CDR regulations require 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.

DATES: This final rule is effective September 26, 2016.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2009-0187, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton 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 technical information contact: Susan Sharkey, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (202) 564-8789; 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 import and manufacture as a byproduct) chemical substances 
listed on the TSCA Inventory. The following list of North American 
Industrial Classification System (NAICS) codes is not intended to be 
exhaustive, but rather provides a guide to help readers determine 
whether this document applies to them. Potentially affected entities 
may include but are not limited to:
     Chemical manufacturers (including 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).

[[Page 65925]]

II. Background

A. What action is the Agency taking?

    The 2016 CDR submission period is from June 1 to September 30, 2016 
(40 CFR 711.20). EPA is issuing this amendment to extend the deadline 
for 2016 CDR submission reports until October 31, 2016. This is a one-
time extension: Subsequent submission periods (recurring every four 
years, next in 2020) are not being amended.
    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. The written request to extend 
the CDR submission period is included in the docket (see ADDRESSES). 
The compelling concerns raised by industry include delays in reporting 
as a result of issues associated with several aspects of electronic 
reporting. EPA believes it is appropriate to extend the reporting 
period to allow the regulated community additional time to 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. Specifically, these issues include difficulties with inexact 
entries when using XML Schema and the length of time for data 

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 September 30, 2016, 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. The Agency only recently learned that the regulated community 
was having difficulty related to the required electronic reporting 
mechanism. Individual entities provided information about technical 
issues and reporting difficulties, but the collective significance of 
these issues was not apparent until the Agency completed review of a 
letter from the American Chemistry Council dated August 30, 2016 (Ref. 
    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 2016 
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. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.
    1. American Chemistry Council. ``Request for an Extension to the 
TSCA Chemical Data Reporting (CDR) 2016 Submission Period [Letter].'' 
August 30, 2016.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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 2016 CDR 
reporting period. This action does not impose any new requirements or 
amend substantive requirements. This action is not a ``significant 
regulatory action'' 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 (PRA)

    This final rule does not contain any new or revised information 
collections subject to OMB approval under the PRA, 44 U.S.C. 3501 et 

C. Regulatory Flexibility Act (RFA)

    This final rule is not subject to the 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 (UMRA) and Executive Orders 13132 and 

    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 UMRA, 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

[[Page 65926]]

Minority Populations and Low-Income Populations'' (59 FR 7629, February 
16, 1994).

F. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve any technical standards that would 
require Agency consideration of voluntary consensus standards pursuant 
to section 12(d) of the NTTAA, 15 U.S.C. 272 note.

V. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 711

    Environmental protection, Chemicals, Confidential Business 
Information (CBI), Hazardous materials, Importer, Manufacturer, 
Reporting and recordkeeping requirements.

    Dated: September 16, 2016.
Jim Jones,
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 and third sentences to read as 

Sec.  711.20  When to report.

    * * * The 2016 CDR submission period is from June 1, 2016 to 
October 31, 2016. Subsequent recurring submission periods are from June 
1 to September 30 at 4-year intervals, beginning in 2020.* * *

[FR Doc. 2016-22974 Filed 9-23-16; 8:45 am]