80_FR_15571 80 FR 15515 - Revocation of Significant New Uses of Metal Salts of Complex Inorganic Oxyacids

80 FR 15515 - Revocation of Significant New Uses of Metal Salts of Complex Inorganic Oxyacids

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 56 (March 24, 2015)

Page Range15515-15517
FR Document2015-06474

EPA is revoking the significant new use rule (SNUR) promulgated under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for two chemical substances that were identified generically as metal salts of complex inorganic oxyacids, which were the subject of premanufacture notices (PMNs) P-89-576 and P-89-577. EPA issued a SNUR based on a TSCA section 5(e) consent order designating certain activities as significant new uses. EPA has received test data for the chemical substances and is revoking the SNUR.

Federal Register, Volume 80 Issue 56 (Tuesday, March 24, 2015)
[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)]
[Rules and Regulations]
[Pages 15515-15517]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06474]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2014-0702; FRL-9924-09]
RIN 2070-AB27


Revocation of Significant New Uses of Metal Salts of Complex 
Inorganic Oxyacids

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 two chemical substances that were identified generically as 
metal salts of complex inorganic oxyacids, which were the subject of 
premanufacture notices (PMNs) P-89-576 and P-89-577. EPA issued a SNUR 
based on a TSCA section 5(e) consent order designating certain 
activities as significant new uses. EPA has received test data for the 
chemical substances and is revoking the SNUR.

DATES: This final rule is effective May 26, 2015.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2014-0702, 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. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(including import), process, or use the chemical substances contained 
in this rule. Potentially affected entities may include, but are not 
limited to:
     Manufacturers or processors of the chemical substances 
(NAICS codes 325 and 324110), e.g., chemical manufacturing and 
petroleum refineries.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Sec.  721.5. 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.
    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

[[Page 15516]]

of the chemical, the subject of this action, would no longer be 
required to certify compliance with the SNUR requirements if the 
revocation becomes effective. In addition, if this proposed SNUR 
revocation becomes effective, 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.

II. Background

A. What action is the Agency taking?

    In the Federal Register of December 17, 2014 (79 FR 75111) (FRL-
9919-93), EPA proposed a revocation of the SNUR at 40 CFR 721.4680 for 
the chemical substances identified generically as metal salts of 
complex inorganic oxyacids (PMNs P-89-576 and P-89-577). This SNUR 
designated certain activities as significant new uses based on a TSCA 
section 5(e) consent order for the PMNs that was issued under TSCA 
sections 5(e)(1)(A)(i), and 5(e)(1)(A)(ii)(II) based on a finding that 
the substances may be produced in substantial quantities and there may 
be significant (or substantial) human exposure to the substances. 
Subsequently, a manufacturer of the PMN substances petitioned EPA to 
revoke the SNUR based on the results of the submitted acute dermal 
study, a 28-day oral toxicity study, and mutagenicity study for P-89-
576. Based on the results of the testing, EPA determined that both 
substances have inherently low toxicity. EPA received one comment to 
the proposed SNUR revocation supporting the finding that the PMN 
substances have low toxicity. EPA is now revoking the SNUR pursuant to 
40 CFR 721.185.

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

    Upon conclusion of the review for P-89-576 and P-89-577 in 1990, 
EPA designated certain activities as significant new uses based on a 
TSCA section 5(e) consent order for the PMNs that was issued under TSCA 
sections 5(e)(1)(A)(i), and 5(e)(1)(A)(ii)(II) based on a finding that 
the substances may be produced in substantial quantities and there may 
be significant (or substantial) human exposure to the substances. Under 
Sec.  721.185, EPA may at any time revoke a SNUR for a chemical 
substance which has been added to subpart E of 40 CFR part 721 if EPA 
makes one of the determinations set forth in Sec.  721.185(a)(1) 
through (a)(6). Revocation may occur on EPA's initiative or in response 
to a written request. Under Sec.  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 an opportunity to comment.
    EPA has determined that the criteria set forth in Sec.  
721.185(a)(6) have been satisfied for the chemical substances, proposed 
the SNUR revocation, and received a public comment supporting the SNUR 
revocation; therefore, EPA is revoking the SNUR for these chemical 
substances. The significant new use notification and the recordkeeping 
requirements at 40 CFR 721.4680 will terminate when the SNUR revocation 
becomes effective. In addition, export notification under TSCA section 
12(b) and 40 CFR part 707, subpart D triggered by the SNUR will no 
longer be required.

 III. Statutory and Executive Order Reviews

    This rule will revoke or eliminate an existing regulatory 
requirement and does not contain any new or amended requirements. As 
such, the Agency has determined that this SNUR revocation would not 
have any adverse impacts, economic or otherwise.
    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). This 
rule does not contain any information collections subject to approval 
under the Paperwork Reduction Act (PRA), (44 U.S.C.3501 et seq.). Since 
this rule eliminates a reporting requirement, the Agency certifies 
pursuant to section 605(b) of the Regulatory Flexibility Act (RFA) (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.
    For the same reasons, this action does not require any action under 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. 
104-4). This rule has neither Federalism implications, because it will 
not have substantial direct effects 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 entitled Federalism (64 FR 43255, 
August 10, 1999), nor Tribal implications, because it will not have 
substantial direct effects on one or more Indian Tribes, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes, as specified in Executive Order 13175 
entitled Consultation and Coordination with Indian Tribal Governments 
(65 FR 67249, November 9, 2000).
    This action is not subject to Executive Order 13045 entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(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. This action is not subject to 
Executive Order 1311, entitled Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, 
May 22, 2001), because this action is not expected to affect energy 
supply, distribution, or use. Because this action does not involve any 
technical standards, section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) 
(15 U.S.C. 272 note), does not apply to this action. This action does 
not involve special considerations of environmental justice related 
issues as required by Executive Order 12898 entitled Federal Actions to 
Address Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994).

IV. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (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 in 40 CFR Part 721

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

    Dated: March 12, 2015.
Maria J. Doa,
Director, Chemical Control Division.

    Therefore, 40 CFR chapter I is amended as follows:

PART 721--[AMENDED]

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

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

[[Page 15517]]

Sec.  721.4680  [Removed]

0
2. Remove Sec.  721.4680.

[FR Doc. 2015-06474 Filed 3-23-15; 8:45 am]
 BILLING CODE 6560-50-P



                                                               Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Rules and Regulations                                          15515

                                            in paragraphs (f) introductory text and                    (vii) The rule citation (e.g.,                     Docket is (202) 566–0280. Please review
                                            (f)(1) through (4) of this section must be              § 63.10031(f)(1), § 63.10031(f)(2), etc.)             the visitor instructions and additional
                                            sent to the Administrator at the                        for which the report is showing                       information about the docket available
                                            appropriate address listed in § 63.13. If               compliance;                                           at http://www.epa.gov/dockets.
                                            acceptable to both the Administrator                       (viii) The pollutant(s) being addressed            FOR FURTHER INFORMATION CONTACT: For
                                            and the owner or operator of an EGU,                    in the report;                                        technical information contact: Jim
                                            these reports may be submitted on                          (ix) The reporting period being                    Alwood, Chemical Control Division,
                                            electronic media. The Administrator                     covered by the report (if applicable);                Office of Pollution Prevention and
                                            retains the right to require submittal of                  (x) The relevant test method that was              Toxics, Environmental Protection
                                            reports subject to paragraphs (f)                       performed for a performance test (if                  Agency, 1200 Pennsylvania Ave. NW.,
                                            introductory text and (f)(1) through (4)                applicable);                                          Washington, DC 20460–0001; telephone
                                            of this section in paper format.                           (xi) The date the performance test was             number: 202 564–8974; email address:
                                               (6) Prior to April 16, 2017, all reports             conducted (if applicable); and                        alwood.jim@epa.gov.
                                            subject to electronic submittal in                         (xii) The responsible official’s name,                For general information contact: The
                                            paragraphs (f) introductory text, (f)(1),               title, and phone number.                              TSCA-Hotline, ABVI-Goodwill, 422
                                            (2), and (4) shall be submitted to the                  *      *     *     *     *                            South Clinton Ave., Rochester, NY
                                            EPA at the frequency specified in those                 [FR Doc. 2015–06152 Filed 3–23–15; 8:45 am]           14620; telephone number: (202) 554–
                                            paragraphs in electronic portable                       BILLING CODE 6560–50–P                                1404; email address: TSCA-Hotline@
                                            document format (PDF) using the                                                                               epa.gov.
                                            ECMPS Client Tool. Each PDF version
                                            of a submitted report must include                                                                            SUPPLEMENTARY INFORMATION:
                                                                                                    ENVIRONMENTAL PROTECTION
                                            sufficient information to assess                        AGENCY                                                I. Does this action apply to me?
                                            compliance and to demonstrate that the
                                            testing was done properly. The                          40 CFR Part 721                                          You may be potentially affected by
                                            following data elements must be entered                                                                       this action if you manufacture
                                                                                                    [EPA–HQ–OPPT–2014–0702; FRL–9924–09]                  (including import), process, or use the
                                            into the ECMPS Client Tool at the time
                                            of submission of each PDF file:                         RIN 2070–AB27                                         chemical substances contained in this
                                               (i) The facility name, physical                                                                            rule. Potentially affected entities may
                                            address, mailing address (if different                  Revocation of Significant New Uses of                 include, but are not limited to:
                                            from the physical address), and county;                 Metal Salts of Complex Inorganic                         • Manufacturers or processors of the
                                               (ii) The ORIS code (or equivalent ID                 Oxyacids                                              chemical substances (NAICS codes 325
                                            number assigned by EPA’s Clean Air                                                                            and 324110), e.g., chemical
                                                                                                    AGENCY:  Environmental Protection                     manufacturing and petroleum refineries.
                                            Markets Division (CAMD)) and the                        Agency (EPA).
                                            Facility Registry System (FRS) ID;                                                                               This listing is not intended to be
                                               (iii) The EGU (or EGUs) to which the                 ACTION: Final rule.                                   exhaustive, but rather provides a guide
                                            report applies. Report the EGU IDs as                                                                         for readers regarding entities likely to be
                                                                                                    SUMMARY:    EPA is revoking the                       affected by this action. Other types of
                                            they appear in the CAMD Business                        significant new use rule (SNUR)
                                            System;                                                                                                       entities not listed in this unit could also
                                                                                                    promulgated under section 5(a)(2) of the              be affected. The North American
                                               (iv) If any of the EGUs in paragraph
                                                                                                    Toxic Substances Control Act (TSCA)                   Industrial Classification System
                                            (f)(6)(iii) of this section share a common
                                                                                                    for two chemical substances that were                 (NAICS) codes have been provided to
                                            stack, indicate which EGUs share the
                                                                                                    identified generically as metal salts of              assist you and others in determining
                                            stack. If emissions data are monitored
                                                                                                    complex inorganic oxyacids, which                     whether this action might apply to
                                            and reported at the common stack
                                                                                                    were the subject of premanufacture                    certain entities. To determine whether
                                            according to part 75 of this chapter,
                                                                                                    notices (PMNs) P–89–576 and P–89–                     you or your business may be affected by
                                            report the ID number of the common
                                                                                                    577. EPA issued a SNUR based on a                     this action, you should carefully
                                            stack as it is represented in the
                                                                                                    TSCA section 5(e) consent order                       examine the applicability provisions in
                                            electronic monitoring plan required
                                                                                                    designating certain activities as                     § 721.5. If you have any questions
                                            under § 75.53 of this chapter;
                                               (v) If any of the EGUs described in                  significant new uses. EPA has received                regarding the applicability of this action
                                            paragraph (f)(6)(iii) of this section are in            test data for the chemical substances                 to a particular entity, consult the
                                            an averaging plan under § 63.10009,                     and is revoking the SNUR.                             technical person listed under FOR
                                            indicate which EGUs are in the plan and                 DATES: This final rule is effective May               FURTHER INFORMATION CONTACT.
                                            whether it is a 30- or 90-day averaging                 26, 2015.                                                This action may also affect certain
                                            plan;                                                   ADDRESSES: The docket for this action,                entities through pre-existing import
                                               (vi) The identification of each                      identified by docket identification (ID)              certification and export notification
                                            emission point to which the report                      number EPA–HQ–OPPT–2014–0702, is                      rules under TSCA. Chemical importers
                                            applies. An ‘‘emission point’’ is a point               available at http://www.regulations.gov               are subject to the TSCA section 13 (15
                                            at which source effluent is released to                 or at the Office of Pollution Prevention              U.S.C. 2612) import certification
                                            the atmosphere, and is either a                         and Toxics Docket (OPPT Docket),                      requirements promulgated at 19 CFR
                                            dedicated stack that serves one of the                  Environmental Protection Agency                       12.118 through 12.127 and 19 CFR
                                            EGUs identified in paragraph (f)(6)(iii)                Docket Center (EPA/DC), West William                  127.28. Chemical importers must certify
                                            of this section or a common stack that                  Jefferson Clinton Bldg., Rm. 3334, 1301               that the shipment of the chemical
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                                            serves two or more of those EGUs. To                    Constitution Ave. NW., Washington,                    substance complies with all applicable
                                            identify an emission point, associate it                DC. The Public Reading Room is open                   rules and orders under TSCA. Importers
                                            with the EGU or stack ID in the CAMD                    from 8:30 a.m. to 4:30 p.m., Monday                   of chemicals subject to a SNUR must
                                            Business system or the electronic                       through Friday, excluding legal                       certify their compliance with the SNUR
                                            monitoring plan (e.g., ‘‘Unit 2 stack,’’                holidays. The telephone number for the                requirements. The EPA policy in
                                            ‘‘common stack CS001,’’ or ‘‘multiple                   Public Reading Room is (202) 566–1744,                support of import certification appears
                                            stack MS001’’);                                         and the telephone number for the OPPT                 at 40 CFR part 707, subpart B. Importers


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                                            15516              Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Rules and Regulations

                                            of the chemical, the subject of this                    initiative or in response to a written                Government and Indian Tribes, or on
                                            action, would no longer be required to                  request. Under § 721.185(b)(3), if EPA                the distribution of power and
                                            certify compliance with the SNUR                        concludes that a SNUR should be                       responsibilities between the Federal
                                            requirements if the revocation becomes                  revoked, the Agency will propose the                  Government and Indian Tribes, as
                                            effective. In addition, if this proposed                changes in the Federal Register, briefly              specified in Executive Order 13175
                                            SNUR revocation becomes effective,                      describe the grounds for the action, and              entitled Consultation and Coordination
                                            persons who export or intend to export                  provide interested parties an                         with Indian Tribal Governments (65 FR
                                            the chemical that is the subject of this                opportunity to comment.                               67249, November 9, 2000).
                                            action would no longer be subject to the                   EPA has determined that the criteria                 This action is not subject to Executive
                                            TSCA section 12(b)(15 U.S.C. 2611(b)                    set forth in § 721.185(a)(6) have been                Order 13045 entitled Protection of
                                            export notification requirements at 40                  satisfied for the chemical substances,                Children from Environmental Health
                                            CFR part 707, that are currently                        proposed the SNUR revocation, and                     Risks and Safety Risks (62 FR 19885,
                                            triggered by the SNUR.                                  received a public comment supporting                  April 23, 1997), because this is not an
                                                                                                    the SNUR revocation; therefore, EPA is                economically significant regulatory
                                            II. Background                                          revoking the SNUR for these chemical                  action as defined under Executive Order
                                            A. What action is the Agency taking?                    substances. The significant new use                   12866, and it does not address
                                                                                                    notification and the recordkeeping                    environmental health or safety risks
                                               In the Federal Register of December                  requirements at 40 CFR 721.4680 will
                                            17, 2014 (79 FR 75111) (FRL-9919-93),                                                                         disproportionately affecting children.
                                                                                                    terminate when the SNUR revocation                    This action is not subject to Executive
                                            EPA proposed a revocation of the SNUR                   becomes effective. In addition, export
                                            at 40 CFR 721.4680 for the chemical                                                                           Order 1311, entitled Actions Concerning
                                                                                                    notification under TSCA section 12(b)                 Regulations That Significantly Affect
                                            substances identified generically as                    and 40 CFR part 707, subpart D
                                            metal salts of complex inorganic                                                                              Energy Supply, Distribution, or Use (66
                                                                                                    triggered by the SNUR will no longer be               FR 28355, May 22, 2001), because this
                                            oxyacids (PMNs P-89-576 and P-89-                       required.
                                            577). This SNUR designated certain                                                                            action is not expected to affect energy
                                            activities as significant new uses based                III. Statutory and Executive Order                    supply, distribution, or use. Because
                                            on a TSCA section 5(e) consent order for                Reviews                                               this action does not involve any
                                            the PMNs that was issued under TSCA                                                                           technical standards, section 12(d) of the
                                                                                                       This rule will revoke or eliminate an              National Technology Transfer and
                                            sections 5(e)(1)(A)(i), and                             existing regulatory requirement and
                                            5(e)(1)(A)(ii)(II) based on a finding that                                                                    Advancement Act of 1995 (NTTAA),
                                                                                                    does not contain any new or amended                   Public Law 104–113, section 12(d) (15
                                            the substances may be produced in                       requirements. As such, the Agency has
                                            substantial quantities and there may be                                                                       U.S.C. 272 note), does not apply to this
                                                                                                    determined that this SNUR revocation
                                            significant (or substantial) human                                                                            action. This action does not involve
                                                                                                    would not have any adverse impacts,
                                            exposure to the substances.                                                                                   special considerations of environmental
                                                                                                    economic or otherwise.
                                            Subsequently, a manufacturer of the                        The Office of Management and Budget                justice related issues as required by
                                            PMN substances petitioned EPA to                        (OMB) has exempted these types of                     Executive Order 12898 entitled Federal
                                            revoke the SNUR based on the results of                 regulatory actions from review under                  Actions to Address Environmental
                                            the submitted acute dermal study, a 28-                 Executive Order 12866, entitled                       Justice in Minority Populations and
                                            day oral toxicity study, and                            Regulatory Planning and Review (58 FR                 Low-Income Populations (59 FR 7629,
                                            mutagenicity study for P-89-576. Based                  51735, October 4, 1993). This rule does               February 16, 1994).
                                            on the results of the testing, EPA                      not contain any information collections               IV. Congressional Review Act (CRA)
                                            determined that both substances have                    subject to approval under the Paperwork
                                                                                                                                                            Pursuant to the Congressional Review
                                            inherently low toxicity. EPA received                   Reduction Act (PRA), (44 U.S.C.3501 et
                                                                                                                                                          Act (5 U.S.C. 801 et seq.), EPA will
                                            one comment to the proposed SNUR                        seq.). Since this rule eliminates a
                                                                                                                                                          submit a report containing this rule and
                                            revocation supporting the finding that                  reporting requirement, the Agency
                                                                                                                                                          other required information to the U.S.
                                            the PMN substances have low toxicity.                   certifies pursuant to section 605(b) of
                                                                                                                                                          Senate, the U.S. House of
                                            EPA is now revoking the SNUR                            the Regulatory Flexibility Act (RFA) (5
                                                                                                                                                          Representatives, and the Comptroller
                                            pursuant to 40 CFR 721.185.                             U.S.C. 601 et seq.), that this SNUR
                                                                                                                                                          General of the United States prior to
                                                                                                    revocation will not have a significant
                                            B. What is the Agency’s authority for                                                                         publication of the rule in the Federal
                                                                                                    economic impact on a substantial
                                            taking this action?                                                                                           Register. This action is not a ‘‘major
                                                                                                    number of small entities.
                                                                                                                                                          rule’’ as defined by 5 U.S.C. 804(2).
                                              Upon conclusion of the review for                        For the same reasons, this action does
                                            P-89-576 and P-89-577 in 1990, EPA                      not require any action under Title II of              List of Subjects in 40 CFR Part 721
                                            designated certain activities as                        the Unfunded Mandates Reform Act of                     Environmental protection, Chemicals,
                                            significant new uses based on a TSCA                    1995 (UMRA) (Pub. L. 104–4). This rule                Hazardous substances, Reporting and
                                            section 5(e) consent order for the PMNs                 has neither Federalism implications,                  recordkeeping requirements.
                                            that was issued under TSCA sections                     because it will not have substantial
                                            5(e)(1)(A)(i), and 5(e)(1)(A)(ii)(II) based             direct effects on States, on the                        Dated: March 12, 2015.
                                            on a finding that the substances may be                 relationship between the national                     Maria J. Doa,
                                            produced in substantial quantities and                  government and the States, or on the                  Director, Chemical Control Division.
                                            there may be significant (or substantial)               distribution of power and                               Therefore, 40 CFR chapter I is
                                            human exposure to the substances.                       responsibilities among the various                    amended as follows:
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                                            Under § 721.185, EPA may at any time                    levels of government, as specified in
                                            revoke a SNUR for a chemical substance                  Executive Order 13132 entitled                        PART 721—[AMENDED]
                                            which has been added to subpart E of                    Federalism (64 FR 43255, August 10,
                                            40 CFR part 721 if EPA makes one of the                 1999), nor Tribal implications, because               ■ 1. The authority citation for part 721
                                            determinations set forth in                             it will not have substantial direct effects           continues to read as follows:
                                            § 721.185(a)(1) through (a)(6).                         on one or more Indian Tribes, on the                    Authority: 15 U.S.C. 2604, 2607, and
                                            Revocation may occur on EPA’s                           relationship between the Federal                      2625(c).



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                                                                Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Rules and Regulations                                           15517

                                            § 721.4680       [Removed]                               maintaining strong national security and              ‘‘Work-for-Others’’ to ‘‘Strategic
                                            ■   2. Remove § 721.4680.                                promoting economic competitiveness.                   Partnership Projects’’.
                                                                                                     To better convey the importance of                       14. Section 970.5232–6, is revised to
                                            [FR Doc. 2015–06474 Filed 3–23–15; 8:45 am]
                                                                                                     projects that the laboratories perform for            change the term ‘‘Work for Others’’ to
                                            BILLING CODE 6560–50–P
                                                                                                     other entities, DOE has decided to                    ‘‘Strategic Partnership Projects’’.
                                                                                                     change the term ‘‘Work for Others                        15. Section 970.5235–1, paragraph (c),
                                                                                                     (WFO) to ‘‘Strategic Partnership Projects             is revised to change the term ‘‘Work for
                                            DEPARTMENT OF ENERGY                                     (SPP)’’. The national laboratories/                   Others’’ to ‘‘Strategic Partnership
                                                                                                     plants/sites and DOE programs assisted                Projects’’ and change the number and
                                            48 CFR Part 970                                                                                                title for DOE Order 481.1 in paragraph
                                                                                                     in determining the new name. This
                                            RIN 1991–AC07                                            change will take place immediately and                (d).
                                                                                                     will be implemented throughout DOE                    III. Procedural Requirements
                                            Acquisition Regulation: Technical and                    and its contractor community in the
                                            Administrative Changes to Department                     coming months. None of these changes                  A. Review Under Executive Order 12866
                                            of Energy Acquisition Regulation                         are substantive or of a nature to cause               and 13563
                                            AGENCY:Department of Energy.                             any significant expense for DOE or its                   This regulatory action has been
                                                                                                     contractors.                                          determined not to be a ‘‘significant
                                                  Final rule; technical
                                            ACTION:
                                            amendment.                                               II. Section-by-Section Analysis                       regulatory action’’ under Executive
                                                                                                                                                           Order 12866, ‘‘Regulatory Planning and
                                            SUMMARY:    The Department of Energy                        DOE amends the DEAR as follows:                    Review,’’ 58 FR 51735 (October 4, 1993).
                                            (DOE) is amending the Department of                         PART 970–DOE MANAGEMENT
                                                                                                                                                           Accordingly, this final rule is not
                                            Energy Acquisition Regulation (DEAR)                     AND OPERATING CONTRACTS
                                                                                                                                                           subject to review under that Executive
                                            to make technical and administrative                        1. Section 970.1707, is revised to
                                                                                                                                                           Order by the Office of Information and
                                            changes to the DEAR by changing the                      change the term ‘‘Work for Others’’ to
                                                                                                                                                           Regulatory Affairs (OIRA) of the Office
                                            term ‘‘Work for Others’’ to ‘‘Strategic                  ‘‘Strategic Partnership Projects’’.
                                                                                                        2. Section 970.1707–1, is revised to               of Management and Budget (OMB).
                                            Partnership Projects’’ and ‘‘WFO’’ to                                                                             DOE has also reviewed this regulation
                                                                                                     change the term ‘‘Work for Others’’ to
                                            ‘‘SPP’’ in every instance where it                                                                             pursuant to Executive Order 13563,
                                                                                                     ‘‘Strategic Partnership Projects’’ and
                                            appears in the DEAR. This final rule                                                                           issued on January 18, 2011 (76 FR 3281
                                                                                                     change the title for DOE Order 481.1C.
                                            does not alter substantive rights or                                                                           (Jan. 21, 2011)). Executive Order 13563
                                                                                                        3. Section 970.1707–2, is revised to
                                            obligations under current law.                                                                                 is supplemental to and explicitly
                                                                                                     change the term ‘‘Work for Others’’ to
                                            DATES: Effective date: April 23, 2015.                   ‘‘Strategic Partnership Projects’’.                   reaffirms the principles, structures, and
                                            FOR FURTHER INFORMATION CONTACT:                            4. Section 970.1707–3, is revised to               definitions governing regulatory review
                                            Lawrence Butler, (202) 287–1945 or                       change the term ‘‘work for others’’ to                established in Executive Order 12866.
                                            lawrence.butler@hq.doe.gov.                              ‘‘Strategic Partnership Projects’’ in both            To the extent permitted by law, agencies
                                                                                                     the title and paragraph (a).                          are required by Executive Order 13563
                                            SUPPLEMENTARY INFORMATION:
                                            I. Background                                               5. Section 970.1707–4, is revised to               to: (1) Propose or adopt a regulation
                                            II. Section-by-Section Analysis                          change the term ‘‘Work for Others’’ to                only upon a reasoned determination
                                            III. Procedural Requirements                             ‘‘Strategic Partnership Projects’’.                   that its benefits justify its costs
                                               A. Review Under Executive Order 12866                    6. Section 970.3270, paragraph (a)(6),             (recognizing that some benefits and
                                                  and 13563.                                         is revised to change the term ‘‘Work for              costs are difficult to quantify); (2) tailor
                                               B. Review Under Executive Order 12988.                others’’ to ‘‘Strategic Partnership                   regulations to impose the least burden
                                               C. Review Under the Regulatory Flexibility                                                                  on society, consistent with obtaining
                                                  Act.
                                                                                                     Projects’’.
                                                                                                        7. Section 970.3501–2, is revised to               regulatory objectives, taking into
                                               D. Review Under the Paperwork Reduction
                                                                                                     change the number and title for DOE                   account, among other things, and to the
                                                  Act.
                                               E. Review Under the National                          Order 481.1.                                          extent practicable, the costs of
                                                  Environmental Policy Act.                             8. Section 970.5217–1, is revised to               cumulative regulations; (3) select, in
                                               F. Review Under Executive Order 13132.                change the clause title and date, and                 choosing among alternative regulatory
                                               G. Review Under the Unfunded Mandates                 change the term ‘‘Work for Others’’ to                approaches, those approaches that
                                                  Reform Act of 1995.                                ‘‘Strategic Partnership Projects’’                    maximize net benefits (including
                                               H. Review Under the Treasury and General              throughout the clause.                                potential economic, environmental,
                                                  Government Appropriations Act, 1999.                  9. Section 970.5227–1, paragraph                   public health and safety, and other
                                               I. Review Under Executive Order 13211.                                                                      advantages; distributive impacts; and
                                                                                                     (b)(ii), is revised to change the term
                                               J. Review Under the Treasury and General
                                                                                                     ‘‘Work for Others’’ to ‘‘Strategic                    equity); (4) to the extent feasible, specify
                                                  Government Appropriations Act, 2001.
                                               K. Administrative Procedure Act                       Partnership Projects’’.                               performance objectives, rather than
                                               L. Congressional Notification                            10. Section 970.5227–2, paragraph                  specifying the behavior or manner of
                                               M. Approval by the Office of the Secretary            (b)(1)(ii), is revised to change the term             compliance that regulated entities must
                                                  of Energy.                                         ‘‘Work for Others’’ to ‘‘Strategic                    adopt; and (5) identify and assess
                                                                                                     Partnership Projects’’.                               available alternatives to direct
                                            I. Background                                                                                                  regulation, including providing
                                                                                                        11. Section 970.5227–3, is revised to
                                              Since July 1991, DOE has officially                    change the term ‘‘Work for Others’’ to                economic incentives to encourage the
                                            used the term ‘‘Work for Others’’ to                     ‘‘Strategic Partnership Projects’’ and                desired behavior, such as user fees or
TKELLEY on DSK3SPTVN1PROD with RULES




                                            describe work performed by its national                  ‘‘WFO’’ to ‘‘SPP’’ throughout the clause.             marketable permits, or providing
                                            laboratories for non-DOE entities,                          12. Section 970.5227–11, paragraph                 information upon which choices can be
                                            including other Federal agencies,                        (c)(2)(viii), is revised to change the term           made by the public.
                                            universities, and the private sector.                    ‘‘Work-for-Others’’ to ‘‘Strategic                       DOE emphasizes as well that
                                            Projects performed under the Work for                    Partnership Projects’’.                               Executive Order 13563 requires agencies
                                            Others program provide solutions to                         13. Section 970.5227–12, paragraph                 to use the best available techniques to
                                            difficult technical challenges vital to                  (c)(1)(viii), is revised to change the term           quantify anticipated present and future


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Document Created: 2015-12-18 11:44:36
Document Modified: 2015-12-18 11:44:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective May 26, 2015.
ContactFor 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
FR Citation80 FR 15515 
RIN Number2070-AB27

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