[Federal Register Volume 84, Number 196 (Wednesday, October 9, 2019)]
[Rules and Regulations]
[Pages 54033-54035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21717]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2013-0399; FRL-9999-88]
RIN 2070-AB27


Revocation of Significant New Uses of Fatty Acid Amide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is revoking the significant new use rule (SNUR) 
promulgated under section 5(a)(2) of the Toxic Substances Control Act 
(TSCA) for a chemical substance which was identified generically as 
fatty acid amide and was the subject of premanufacture notice (PMN) P-
13-267. EPA issued a SNUR based on the PMN designating certain 
activities as significant new uses. EPA has received

[[Page 54034]]

a significant new use notice (SNUN) and test data for the chemical 
substance and is revoking the SNUR based on the information in the SNUN 
submission.

DATES: This final rule is effective December 9, 2019.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2013-0399, 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 FURTHER INFORMATION CONTACT: For technical information contact: Jim 
Alwood, Chemical Control Division, 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. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture, 
process, or use the chemical substances contained in this 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 applies to them. 
Potentially affected entities may include:
     Manufacturers or processors of one or more subject 
chemical substances (NAICS codes 325 and 324110), e.g., chemical 
manufacturing and petroleum refineries.
    This action may also affect certain entities through pre-existing 
import certification and export notification rules under TSCA. Chemical 
importers are subject to the TSCA section 13 (15 U.S.C. 2612) import 
certification requirements promulgated at 19 CFR 12.118 through 12.127 
and 19 CFR 127.28. Chemical importers must certify that the shipment of 
the chemical substance complies with all applicable rules and orders 
under TSCA. Importers of chemicals subject to a SNUR must certify their 
compliance with the SNUR requirements. The EPA policy in support of 
import certification appears at 40 CFR part 707, subpart B. Importers 
of the chemical that is the subject of this action would no longer be 
required to certify compliance with the SNUR requirements if the 
revocation becomes effective. In addition, persons who export or intend 
to export the chemical that is the subject of this action would no 
longer be subject to the TSCA section 12(b) (15 U.S.C. 2611(b) export 
notification requirements at 40 CFR part 707, that are currently 
triggered by the SNUR.

B. What action is the Agency taking?

    In the Federal Register of July 24, 2019 (84 FR 35585) (FRL-9991-
17), EPA proposed a revocation of the SNUR at 40 CFR 721.10691 for the 
chemical substance identified generically as fatty acid amide (PMN P-
13-267). The SNUR designated certain activities as significant new 
uses. Subsequently, EPA received a SNUN that included human health and 
environmental toxicity testing for the chemical substance and, based on 
its review of these data, which demonstrated inherently low toxicity of 
the chemical substance, EPA proposed to revoke the SNUR pursuant to 40 
CFR 721.185. EPA received one comment on the proposed revocation that 
recommended that EPA not revoke the rule for safety reasons, but the 
commenter did not submit any additional data to support this 
recommendation. Because the available data continues to demonstrate low 
toxicity of the chemical substance, EPA is now revoking the SNUR 
pursuant to 40 CFR 721.185.

C. What is the Agency's authority for taking this action?

    EPA is revoking this SNUR under TSCA section 5(a)(2) (15 U.S.C. 
2604(a)(2)) and the related implementing regulations in 40 CFR part 
721. Upon conclusion of the review for P-13-267, EPA designated certain 
activities as significant new uses, based on a finding that the 
chemical substance may cause significant adverse environmental effects 
and that it met the concern criteria at 40 CFR 721.170(b)(4)(ii). Under 
40 CFR 721.185, EPA may at any time revoke a SNUR for a chemical 
substance which has been added to 40 CFR part 721, subpart E, if EPA 
makes one of the determinations set forth in 40 CFR 721.185(a)(1) 
through (6). Revocation may occur on EPA's initiative or in response to 
a written request. Under 40 CFR 721.185(b)(3), if EPA concludes that a 
SNUR should be revoked, the Agency will propose the changes in the 
Federal Register, briefly describe the grounds for the action, and 
provide interested parties with an opportunity to comment.
    EPA has determined that the criteria set forth in 40 CFR 
721.185(a)(4) have been satisfied for the chemical substance, i.e., the 
Agency has examined new information and concluded it no longer warrants 
the SNUR that was previously established. Therefore, EPA is revoking 
the SNUR for this chemical substance. The significant new use 
notification and the recordkeeping requirements at 40 CFR 721.10691 
will terminate when this revocation becomes effective. In addition, 
export notification under TSCA section 12(b) and 40 CFR part 707, 
subpart D, that were triggered by the SNUR will no longer be required.

II. Statutory and Executive Order Reviews

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

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulations and Regulatory Review

    The Office of Management and Budget (OMB) has exempted these types 
of regulatory actions from review under Executive Order 12866, entitled 
Regulatory Planning and Review (58 FR 51735, October 4, 1993) and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This rule does not contain any information collections subject to 
approval under the PRA (44 U.S.C. 3501 et seq.). The OMB control 
numbers for EPA's regulations in title 40 of the CFR, after appearing 
in the Federal Register, are listed in 40 CFR part 9, and included on 
the related collection instrument or form, if applicable. EPA is 
amending the table in 40 CFR part 9 to remove the entry for 40 CFR 
721.10691. Given the revocation of the codified information collection 
requirements and the technical nature of the table, EPA finds that 
further notice and comment to amend the table to remove the applicable 
listing is unnecessary. As a result, EPA finds that there is ``good 
cause'' under section 553(b)(3)(B) of the Administrative Procedure Act 
(5 U.S.C.

[[Page 54035]]

553(b)(3)(B)) to amend this table without further notice and comment.

C. Regulatory Flexibility Act (RFA)

    Since this rule eliminates a reporting requirement, the Agency 
certifies pursuant to RFA section 605(b) (5 U.S.C.601 et seq.), that 
this SNUR revocation will not have a significant economic impact on a 
substantial number of small entities.

D. Unfunded Mandates Reform Act (UMRA)

    For the same reasons, this action does not require any action under 
UMRA sections 202, 203, 204, or 205 (2 U.S.C. 1501 et seq.).

E. Executive Order 13132: Federalism

    This action does not have a substantial direct effect on 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, as specified in Executive Order 13132 (64 FR 43255, 
August 10, 1999).

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

    This action does not have Tribal implications because it is not 
expected to have substantial direct effects on Indian Tribes. This 
action does not significantly nor uniquely affect the Indian Tribal 
governments, nor does it involve or impose any requirements that affect 
Indian Tribes. Accordingly, the requirements of Executive Order 13175 
(65 FR 67249, November 9, 2000), do not apply to this action.

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 this is not an economically significant 
regulatory action as defined under Executive Order 12866, and it does 
not address environmental health or safety risks disproportionately 
affecting children.

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 this action is not expected to affect energy 
supply, distribution, or use.

I. National Technology Transfer and Advancement Act (NTTAA)

    NTTAA section 12(d) (15 U.S.C. 272 note) does not apply to this 
action because it does not involve any technical standards.

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

    This action does not entail special considerations of environmental 
justice related issues as delineated by Executive Order 12898 (59 FR 
7629, February 16, 1994).

K. Congressional Review Act (CRA)

    Pursuant to the CRA (5 U.S.C. 801 et seq.), EPA will submit a 
report containing this rule and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the United States prior to publication of the rule in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

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

    Dated: September 26, 2019.
Tala Henry,
Deputy Director, Office of Pollution Prevention and Toxics.

    Therefore, 40 CFR parts 9 and 721 are amended as follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 
9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 
1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 
CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 
300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-
2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 
7542, 9601-9657, 11023, 11048.


Sec.  9.1  [Amended]

0
2. In Sec.  9.1, remove the listing for Sec.  721.10691 that appears in 
numerical order under the undesignated center heading ``Significant New 
Uses of Chemical Substances.''

PART 721--[AMENDED]

0
3. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).


Sec.  721.10691  [Removed]

0
4. Remove Sec.  721.10691.

[FR Doc. 2019-21717 Filed 10-8-19; 8:45 am]
 BILLING CODE 6560-50-P