[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Proposed Rules]
[Pages 47423-47424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22113]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 711

[EPA-HQ-OPPT-2016-0597; FRL-9968-94; RIN 2070-AK31]


Chemical Data Reporting; Requirements for Inorganic Byproduct 
Chemical Substances; Notice of Public Meeting; Cancellation and Public 
Input Opportunity

AGENCY: Environmental Protection Agency (EPA).

ACTION: Rulemaking committee meeting; Cancellation of public meeting.

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SUMMARY: EPA published a document in the Federal Register of August 18, 
2017 (82 FR 39402) concerning meetings of the Negotiated Rulemaking 
Committee (Committee). This document cancels the meeting scheduled for 
October 25-26, 2017. The Committee decided at the September 13-14, 
2017, meeting that it could not reach consensus, has concluded its 
discussions, and that the fourth meeting, scheduled for October 25-26, 
2017, is not needed. Though the Committee has concluded its 
discussions, EPA is providing an opportunity for the public to offer 
input about approaches that would reduce burden associated with the 
reporting of inorganic byproducts while maintaining the Agency's 
ability to receive the information it needs to understand exposure. The 
docket established for the negotiated rulemaking public meetings will 
be open to receive public input for 60 days following publication of 
this document.

DATES: Comments must be received on or before December 11, 2017.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2016-0597, 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: Any member of the public wishing to 
obtain information concerning the cancellation of this meeting may 
contact Jonah Richmond, Designated Federal Officer (DFO), Conflict 
Prevention and Resolution Center, Office of General Counsel, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-0210; email address: [email protected]. General 
information about the Committee, as well as any updates concerning the 
information included in this document, may be found at https://www.epa.gov/chemical-data-reporting/negotiated-rulemaking-committee-chemical-data-reporting-requirements.
    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].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(including manufacture as a byproduct chemical substance and including 
import) chemical substances listed on the Toxic Substances Control Act 
(TSCA) Inventory. The following list of North American Industrial 
Classification System (NAICS) codes are not intended to be exhaustive, 
but rather provides a guide to help readers determine whether this 
action may apply to them:
    1. Chemical manufacturers and importers (NAICS codes 325 and 
324110; e.g., chemical manufacturing and processing and petroleum 
refineries).
    2. 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).
    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.

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

    1. Request for Input. Though the Committee has concluded its 
discussions and will not reconvene, EPA encourages public input on ways 
to decrease the burden associated with the reporting of inorganic 
byproducts while maintaining the Agency's ability to receive the 
information it needs to understand exposure. EPA is opening for 60 days 
the docket identified in this document to receive this public input.
    2. Submitting CBI. Do not submit this information to EPA through 
http://www.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.

[[Page 47424]]

C. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPPT-2016-0597, 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.

II. Background

    EPA is giving notice that the Agency is cancelling the remaining 
scheduled meeting of the Negotiated Rulemaking Committee, and no 
further meetings are planned. The objective of this Committee was to 
negotiate toward consensus on proposed regulatory language limiting 
chemical data reporting requirements, under TSCA section 8(a), for 
manufacturers of any inorganic byproduct chemical substances when such 
byproduct chemical substances are subsequently recycled, reused, or 
reprocessed. This meeting is cancelled because the Committee determined 
that it was not able to reach consensus on regulatory approaches and 
has concluded its discussions. This Negotiated Rulemaking process was 
required by TSCA section 8(a)(6), as amended by the Frank R. Lautenberg 
Chemical Safety for the 21st Century Act (Lautenberg Act).
    This Committee was a statutory advisory committee under the Federal 
Advisory Committee Act, 5 U.S.C. App. 2 Sec.  9(a)(1). In accordance 
with section 9(c) of the Federal Advisory Committee Act, 5 U.S.C. App. 
I Sec.  9(c), EPA prepared a charter for the establishment of the 
Negotiated Rulemaking Committee. Copies of the Committee's charter were 
filed with the appropriate congressional committees and the Library of 
Congress. The Committee met on June 8 and 9, 2017 (82 FR 25790) (FRL-
9961-92); August 16 and 17, 2017 (82 FR 25790); and September 13 and 
14, 2017 (82 FR 39402) (FRL-9965-96). The Committee's charter and those 
meetings' agendas and materials are available in the docket supporting 
this activity (EPA-HQ-OPPT-2016-0597) and online at https://www.epa.gov/chemical-data-reporting/negotiated-rulemaking-committee-chemical-data-reporting-requirements.
    The Committee, established on June 5, 2017, had an objective to 
negotiate a proposed rule that would limit chemical data reporting 
requirements under section 8(a) of TSCA, as amended by the Lautenberg 
Act, for manufacturers of any inorganic byproduct chemical substances 
when such byproduct chemical substances are subsequently recycled, 
reused, or reprocessed. The purpose of the Committee was to conduct 
discussions in a good faith attempt to reach consensus on proposed 
regulatory language. This negotiation process was required by section 
8(a)(6) of TSCA.

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

    Dated: October 4, 2017.
Nancy B. Beck,
Deputy Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2017-22113 Filed 10-11-17; 8:45 am]
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