[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Pages 21772-21773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10070]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2016-0426; FRL-9993-61]


TSCA Inventory Notification (Active-Inactive) Requirements; 
Availability of a Signed Action Identifying Chemical Substances for 
Inactive Designation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: EPA is announcing the availability of a signed action 
identifying chemical substances for inactive designation according to 
the Toxic Substances Control Act (TSCA) Inventory Notification (Active-
Inactive) Requirements rule. The signed action is a companion to the 
first version of the TSCA Chemical Substance Inventory with all 
listings designated as active or identified as inactive, which was 
posted on the EPA TSCA inventory web page on February 19, 2019. The 
signed action, dated May 6, 2019, initiates a 90-day period after which 
substances identified as inactive will be designated as inactive.

DATES: Inactive designations for chemical substances on the TSCA 
Chemical Substance Inventory are effective on Monday, August 5, 2019.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Tracy Williamson, Chemistry, Economics, and Sustainable Strategies 
Division (Mailcode 7406M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 564-8569; email address: 
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422

[[Page 21773]]

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 affected by this action if you currently domestically 
manufacture, import, or process for nonexempt commercial purpose a 
chemical substance identified as inactive on the TSCA Chemical 
Substance Inventory (``TSCA Inventory''). You may also be affected by 
this action if you intend in the future to domestically manufacture, 
import, or process a chemical substance identified as inactive on the 
TSCA Inventory.

B. 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-2016-0426, is available online 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 that is available at http://www.epa.gov/dockets. You 
also will find related information at http://www.epa.gov/tsca-inventory.

II. Authority

    As amended in June 2016, TSCA section 8(b), 15 U.S.C. 2607(b), 
requires that EPA designate chemical substances on the TSCA Inventory 
as active or inactive in U.S. commerce. TSCA section 8(b)(4) directs 
EPA to promulgate a rule that requires manufacturers, and may require 
processors, to notify EPA of each chemical substance on the TSCA 
Inventory that they manufactured or processed (as applicable) for a 
nonexempt commercial purpose during the 10-year period ending on the 
day before June 22, 2016. Following this retrospective reporting, EPA 
must designate chemical substances for which notices are received to be 
active substances on the TSCA Inventory and must designate chemical 
substances for which no notices are received to be inactive substances 
on the TSCA Inventory.
    TSCA section 8(b) establishes a forward-looking reporting 
requirement that goes into effect upon EPA's designation of a chemical 
substance as inactive. Specifically, anyone intending to manufacture or 
process for a nonexempt commercial purpose a chemical substance that is 
designated as an inactive substance must notify EPA before the inactive 
substance is manufactured or processed. On receiving this forward-
looking notification, EPA must designate the substance as active.
    EPA implemented the TSCA section 8(b) requirements through the TSCA 
Inventory Notification (Active-Inactive) Requirements rule (82 FR 
37520, Aug. 11, 2017) (FRL-9964-22), which established retrospective 
and forward-looking reporting procedures in 40 CFR part 710, subpart B. 
Retrospective commercial activity reporting closed on October 5, 2018. 
EPA subsequently compiled the first version of the TSCA Inventory with 
all substances either designated as active in commerce or identified as 
inactive in commerce.
    EPA regulations at 40 CFR 710.23 provide that EPA's designation of 
a chemical substance as inactive becomes effective 90 days after EPA 
identifies the chemical substance for such designation. EPA explained 
in the preamble to the final rule that EPA will identify chemical 
substances for inactive designation in a signed action accompanying the 
first version of the Inventory with all finalized active-inactive 
listings. See 82 FR at 37525. Subject to certain exceptions, once a 
chemical substance is designated as inactive, any person who intends to 
manufacture (including import) or process that substance must submit a 
Notice of Activity Form B to EPA prior to such manufacturing or 
processing. See 40 CFR 710.25(c) and 710.30(b). EPA regulations also 
allow a Form B to be submitted during the 90-day period between EPA's 
identification of a chemical substance for inactive designation and the 
effective date for such designation. See 40 CFR 710.30(b)(2).

III. Notice of Inactive Designations

    EPA is announcing the availability of an EPA memorandum signed on 
May 6, 2019. This signed action is a companion to the first version of 
the TSCA Inventory with all listings designated as active or identified 
as inactive, which was posted on the EPA TSCA Inventory web page on 
February 19, 2019. The TSCA Inventory can be accessed at https://www.epa.gov/tsca-inventory. The signed action is available in docket ID 
number EPA-HQ-OPPT-2016-0426 at http://www.regulations.gov.
    The signed action initiates the 90-day period after which 
substances identified as inactive will be designated as inactive. 
Because the action was signed on May 6, 2019, inactive designations 
will become effective on Monday, August 5, 2019. Accordingly, the 
obligation described in 40 CFR 710.25(c) and 710.30(b) to submit a 
Notice of Activity Form B before manufacturing or processing an 
inactive substance will arise beginning on Monday August 5, 2019.

    Authority:  15 U.S.C. 2607(b).

    Dated: May 9, 2019.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2019-10070 Filed 5-14-19; 8:45 am]
 BILLING CODE 6560-50-P