[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22088-22089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09683]



40 CFR Part 704

[EPA-HQ-OPPT-2010-0572; FRL-9962-58]
RIN 2070-AK39

Chemical Substances When Manufactured or Processed as Nanoscale 
Materials; TSCA Reporting and Recordkeeping Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; delay of effective date.


SUMMARY: EPA is hereby extending the effective date of the final rule 
that appeared in the Federal Register of January 12, 2017, and 
established final reporting and recordkeeping requirements for certain 
chemical substances when they are manufactured or processed at the 
nanoscale as described in that rule.

DATES: The effective date of the final rule that appeared in the 
Federal Register of January 12, 2017 (82 FR 3641), is delayed from May 
12, 2017, to August 14, 2017.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2010-0572, is available 
electronically at http://www.regulations.gov or in person 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 FURTHER INFORMATION CONTACT: For technical information contact: Jim 
Alwood, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8974; 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. What action is the Agency taking?

    EPA is extending the effective date for a final rule that appeared 
in the Federal Register of January 12, 2017 (82 FR 3641; FRL-9957-81) 
from May 12, 2017 to August 14, 2017. That rule established final 
reporting and recordkeeping requirements for certain chemical 
substances when they are manufactured or processed at the nanoscale as 
described in that rule. Specifically, the rule requires persons that 
manufacture (defined by statute to include import) or process, or 
intend to manufacture or process these chemical substances to 
electronically report to EPA certain information, which includes 
insofar as known to or reasonably ascertainable by the person making 
the report, the specific chemical identity, production volume, methods 
of manufacture and processing, exposure and release information, and 
existing information concerning environmental and health effects. The 
rule involves one-time reporting for existing discrete forms of certain 
nanoscale materials, and a standing one-time reporting requirement for 
new discrete forms of certain nanoscale materials before those new 
forms are manufactured or processed.
    Section 553(b)(1)(B) of the Administrative Procedure Act, 5 U.S.C. 
553(b)(1)(B), allows an action to be taken without opportunity for 
notice or comment when the agency for good cause finds that notice and 
public procedure thereon are impracticable, unnecessary, or contrary to 
the public interest. In addition, Section 553(d)(3), 5 U.S.C. 
553(d)(3), allows the effective date of an action to be less than 30 
days when a good cause finding is made. Because of the complex issues 
regarding reporting requirements of the rule and the immediate pendency 
of the effective date of the reporting requirements, it would be 
impractical to make the effective date of this extension 30 days after 
its publication, and it would be impractical to get public comments on 
an extension of the effective date of the rule. In addition, the public 
interest is served by complete and accurate reporting under the rule, 
which would be greatly facilitated by publication of the guidance. 
Therefore, EPA finds good cause to extend the effective date of the 
rule without notice and comment.

[[Page 22089]]

II. 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: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not significant regulatory action as this term is 
defined in Executive Order 12866 (58 FR 51735, October 4, 1993). As 
such, this action is not subject to the requirements that apply to 
significant regulatory actions in Executive Orders 12866 and 13563 (76 
FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action simply extends the effective date and does not 
otherwise involve any information collection activities subject to the 
PRA, 44 U.S.C. 3501 et seq. The information collection activities in 40 
CFR part 704 related to TSCA section 8(a) reporting rules are approved 
by OMB under the PRA and assigned OMB control No. 2070-0067 (EPA ICR 
No. 1198).

C. Regulatory Flexibility Act (RFA)

    I certify under section 605(b) of the RFA, 5 U.S.C. 601 et seq., 
that this action will not have a significant economic impact on a 
substantial number of small entities under the RFA.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications, as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not 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.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000).

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it is not an economically significant 
regulatory action as defined by Executive Order 12866.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards that would 
require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272 

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes that this action would not have disproportionately 
high and adverse human health or environmental effects on minority, 
low-income, or indigenous populations, as specified in Executive Order 
12898 (59 FR 7629, February 16, 1994).

K. 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 the U.S. Senate, the U.S. House of 
Representatives, and 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 704

    Environmental protection, Chemicals, Hazardous materials, Reporting 
and recordkeeping requirements.

    Dated: May 8, 2017.
Louise P. Wise,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
[FR Doc. 2017-09683 Filed 5-9-17; 4:15 pm]