[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Proposed Rules]
[Pages 22452-22453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09998]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 704

[EPA-HQ-OPPT-2010-0572; FRL-9962-64]
RIN 2070-AK39


Draft Guidance for Reporting of Chemical Substances When 
Manufactured or Processed as Nanoscale Materials; Notice of 
Availability and Request for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Draft guidance; request for comment.

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SUMMARY: With this document, EPA is announcing the availability of and 
requesting public comment on the draft guidance document, entitled: 
``Guidance on EPA's Section 8(a) Information Gathering Rule on 
Nanomaterials in Commerce''. This guidance provides answers to 
questions the Agency has received from manufacturers (includes 
importers) and processors of certain chemical substances when they are 
manufactured or processed at the nanoscale as described in a final rule 
that appeared in the Federal Register of January 12, 2017. That 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.

DATES: Comments must be received on or before June 15, 2017.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2010-0572, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is 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].

SUPPLEMENTARY INFORMATION: 

I. Who does this action apply to?

    You may be potentially affected by this action if you manufacture 
or process or intend to manufacture or process nanoscale forms (forms 
with particle sizes of 1-100 nm) of certain chemical substances as 
defined in TSCA section 3. You may also want to consult 40 CFR 704.3 
and 704.5, and the January 2017 final rule, for further information on 
the applicability of the reporting requirements as well as exemptions 
to the rule. 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 may apply to them:
     Chemical Manufacturing or Processing (NAICS codes 325).
     Synthetic Dye and Pigment Manufacturing (NAICS code 
325130).
     Other Basic Inorganic Chemical Manufacturing (NAICS code 
325180).
     Rolled Steel Shape Manufacturing (NAICS code 331221).
     Semiconductor and Related Device Manufacturing (NAICS code 
334413).
     Carbon and Graphite Product Manufacturing (NAICS code 
335991).
     Home Furnishing Merchant Wholesalers (NAICS code 423220).
     Roofing, Sliding, and Insulation Material Merchant 
Wholesalers (NAICS code 423330).
     Metal Service Centers and Other Metal Merchant Wholesalers 
(NAICS code 423510).

II. Background

    The nanoscale reporting rule that appeared in the Federal Register 
of January 12, 2017 (82 FR 3641; FRL-

[[Page 22453]]

9957-81), requires persons that manufacture (defined by statute to 
include import) or process, or intend to manufacture or process those 
chemical substances subject to the rule to report to EPA the specific 
chemical identity, production volume, methods of manufacture and 
processing, exposure and release information, and existing information 
concerning environmental and health effects.

III. What action is the agency taking?

    EPA is announcing the availability of and requesting public comment 
on the draft guidance document, entitled: ``Guidance on EPA's Section 
8(a) Information Gathering Rule on Nanomaterials in Commerce''. This 
draft guidance provides answers to questions the Agency has received 
from manufacturers (includes importers) and processors regarding the 
rule.
    This draft guidance is being made available on the Agency's Web 
site at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/control-nanoscale-materials-under#guidance, 
and is also available in the docket (docket ID number EPA-HQ-OPPT-2010-
0572). Please go to http://www.regulations.gov to access the docket and 
follow the online instructions to submit comments.
    EPA is accepting comments regarding the guidance, but is not 
accepting comments regarding the rule itself, which has already been 
finalized.

IV. What is the agency's authority for taking this action?

    The final rule was issued under the authority in section 8(a) of 
the Toxic Substances Control Act as amended by the Frank R. Lautenberg 
Chemical Safety for the 21st Century Act (TSCA), 15 U.S.C. 2601 et 
seq., which provides EPA with authority to require reporting, 
recordkeeping and testing, and impose restrictions relating to chemical 
substances and/or mixtures.

V. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    Authority:  15 U.S.C. 2601 et seq.

    Dated: May 10, 2017.
Wendy Cleland-Hamnett,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2017-09998 Filed 5-12-17; 4:15 pm]
 BILLING CODE 6560-50-P