80 FR 53000 - Significant New Use Rule on Substituted Cyclosiloxane; Removal

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 170 (September 2, 2015)

Page Range		53000-53001
FR Document		2015-21800

EPA is removing a significant new use rule (SNUR) promulgated under the Toxic Substances Control Act (TSCA) for substituted cyclosiloxane that was the subject of a premanufacture notice (PMN). EPA published this SNUR using direct final rulemaking procedures. EPA received a notice of intent to submit adverse comments on this rule. Therefore, the Agency is removing this SNUR. EPA intends to publish a proposed SNUR for this chemical substance under separate notice and comment procedures.

Federal Register, Volume 80 Issue 170 (Wednesday, September 2, 2015)

[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 53000-53001]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21800]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2015-0220; FRL-9932-56]
RIN 2070-AB27


Significant New Use Rule on Substituted Cyclosiloxane; Removal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is removing a significant new use rule (SNUR) promulgated 
under the Toxic Substances Control Act (TSCA) for substituted 
cyclosiloxane that was the subject of a premanufacture notice (PMN). 
EPA published this SNUR using direct final rulemaking procedures. EPA 
received a notice of intent to submit adverse comments on this rule. 
Therefore, the Agency is removing this SNUR. EPA intends to publish a 
proposed SNUR for this chemical substance under separate notice and 
comment procedures.

DATES: This final rule is effective September 2, 2015.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2015-0220, 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: 
Kenneth Moss, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-9232; 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?

    A list of potentially affected entities is provided in the Federal 
Register of June 5, 2015 (80 FR 32003) (FRL-9927-67). If you have 
questions regarding the applicability of this action to a particular 
entity, consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

II. What SNUR is being removed?

    In the June 5, 2015 Federal Register, EPA issued a direct final 
SNUR for the chemical substance that is identified in this final rule. 
This direct final SNUR was issued pursuant to the procedures in 40 CFR 
part 721, subpart D. EPA is removing the direct final SNUR issued for 
the chemical substance identified generically as substituted 
cyclosiloxane, which was the subject of PMN P-14-605.
    This direct final rule was issued pursuant to the procedures in 40 
CFR part 721, subpart D. Section 721.170(d)(4)(i)(B) provides that EPA 
will withdraw the relevant portion of such a direct final rule if 
within 30 days of publication the Agency receives a notice of intent to 
submit adverse comments on the SNUR. EPA received a notice of intent to 
submit adverse comments on the SNUR, but mistakenly did not withdraw 
the direct final rule as required by Sec.  721.170(d)(4)(i)(B). The

[[Page 53001]]

Agency is therefore removing the rule issued for the chemical substance 
that was the subject of PMN P-14-605. EPA intends to publish a proposed 
SNUR for this chemical substance under separate notice and comment 
procedures.
    For further information regarding EPA's direct rulemaking process 
for issuing SNURs, see 40 CFR part 721, subpart D, and the Federal 
Register of July 27, 1989 (54 FR 31314).

III. Good Cause Finding

    EPA determined that there is good cause to first; promulgate this 
final rule without opportunity for notice and comment in accordance 
with section 553(b)(B) of the Administrative Procedure Act (APA), and 
second; make the rule effective on the date of publication in 
accordance with section 553(d) of the APA. Good cause exists because 
the direct final rule was allowed to become effective in violation of 
Sec.  721.170(d)(4)(i)(B).

IV. Statutory and Executive Order Reviews

    This action removes regulatory requirements that were not intended 
to go into effect. As such, the Agency has determined that this removal 
will not have any adverse impacts, economic or otherwise. The statutory 
and Executive Order review requirements applicable to this action were 
discussed in the June 5, 2015 Federal Register. Those review 
requirements do not apply to this action because it is a removal and 
does not contain any new or amended requirements.

V. 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). Section 808 of the CRA allows the 
issuing agency to make a rule effective sooner than otherwise provided 
by CRA if the agency makes a good cause finding that notice and public 
procedure is impracticable, unnecessary, or contrary to the public 
interest. As required by 5 U.S.C. 808(2), this determination is 
supported by a brief statement in Unit III.

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: August 20, 2015.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and 
Toxics.

    Therefore, 40 CFR chapter I is 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, 7401-671q, 7542, 
9601-9657, 11023, 11048.


Sec.  9.1  [Amended]

0
2. In the table in Sec.  9.1, under the undesignated center heading 
``Significant New Uses of Chemical Substances,'' remove Sec.  
721.10842.

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.  721.10842  [Removed]

0
4. Remove Sec.  721.10842.

[FR Doc. 2015-21800 Filed 9-1-15; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Rules and Regulations 53001

Agency is therefore removing the rule 40 CFR Part 721 removal of ‘‘Stage II’’ vapor recovery
issued for the chemical substance that Environmental protection, Chemicals, equipment at gasoline dispensing
was the subject of PMN P–14–605. EPA Hazardous substances, Reporting and facilities in the Phoenix-Mesa area.
intends to publish a proposed SNUR for recordkeeping requirements. Specifically, the EPA is approving a SIP
this chemical substance under separate revision that eliminates the requirement
notice and comment procedures. Dated: August 20, 2015. to install and operate such equipment at
For further information regarding Maria J. Doa, new gasoline dispensing facilities, and
EPA’s direct rulemaking process for Director, Chemical Control Division, Office that provides for the phased removal of
issuing SNURs, see 40 CFR part 721, of Pollution Prevention and Toxics. such equipment at existing gasoline
subpart D, and the Federal Register of Therefore, 40 CFR chapter I is dispensing facilities from October 2016
July 27, 1989 (54 FR 31314). amended as follows: through September 2018. The EPA has
previously determined that onboard
III. Good Cause Finding
PART 9—[AMENDED] refueling vapor recovery is in
EPA determined that there is good widespread use nationally and waived
cause to first; promulgate this final rule ■ 1. The authority citation for part 9 the stage II vapor recovery requirement.
without opportunity for notice and continues to read as follows: The EPA is approving this SIP revision
comment in accordance with section Authority: 7 U.S.C. 135 et seq., 136–136y; because the resultant short-term
553(b)(B) of the Administrative 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; incremental increase in emissions
Procedure Act (APA), and second; make 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 would not interfere with attainment or
the rule effective on the date of U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, maintenance of the national ambient air
publication in accordance with section 1321, 1326, 1330, 1342, 1344, 1345(d) and quality standards or any other
553(d) of the APA. Good cause exists (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, requirement of the Clean Air Act and
1971–1975 Comp. p. 973; 42 U.S.C. 241,
because the direct final rule was because it would avoid longer-term
242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
allowed to become effective in violation 300g–3, 300g–4, 300g–5, 300g–6, 300j–1, increases in emissions from the
of § 721.170(d)(4)(i)(B). 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., continued operation of stage II vapor
IV. Statutory and Executive Order 6901–6992k, 7401–671q, 7542, 9601–9657, recovery equipment at gasoline
Reviews 11023, 11048. dispensing facilities in the Phoenix-
Mesa area.
This action removes regulatory § 9.1 [Amended]
DATES: This direct final rule is effective
requirements that were not intended to ■ 2. In the table in § 9.1, under the on November 2, 2015 unless the EPA
go into effect. As such, the Agency has undesignated center heading receives adverse comments by October
determined that this removal will not ‘‘Significant New Uses of Chemical 2, 2015. If adverse comments are
have any adverse impacts, economic or Substances,’’ remove § 721.10842. received, the EPA will publish a timely
otherwise. The statutory and Executive withdrawal of the direct final rule in the
Order review requirements applicable to PART 721—[AMENDED] Federal Register informing the public
this action were discussed in the June that the rule will not take effect.
5, 2015 Federal Register. Those review ■ 3. The authority citation for part 721
continues to read as follows: ADDRESSES: Submit your comments,
requirements do not apply to this action
identified by Docket No. EPA–R09–
because it is a removal and does not Authority: 15 U.S.C. 2604, 2607, and
OAR–2014–0256, by one of the
contain any new or amended 2625(c).
following methods:
requirements.
§ 721.10842 [Removed] 1. Federal Rulemaking Portal: http://
V. Congressional Review Act (CRA) ■ 4. Remove § 721.10842. www.regulations.gov. Follow the on-line
instructions for submitting comments.
Pursuant to the Congressional Review [FR Doc. 2015–21800 Filed 9–1–15; 8:45 am]
2. Email: Jeffrey Buss at buss.jeffrey@
Act (5 U.S.C. 801 et seq.), EPA will BILLING CODE 6560–50–P
epa.gov.
submit a report containing this rule and
3. Fax: Jeffrey Buss, Air Planning
other required information to the U.S.
Office (AIR–2), at fax number 415–947–
Senate, the U.S. House of ENVIRONMENTAL PROTECTION
3579.
Representatives, and the Comptroller AGENCY
4. Mail: Jeffrey Buss, Air Planning
General of the United States prior to
40 CFR Part 52 Office (AIR–2), U.S. Environmental
publication of the rule in the Federal
Protection Agency, Region IX, 75
Register. This action is not a ‘‘major [EPA–R09–OAR–2014–0256; FRL–9927–14– Hawthorne, San Francisco, California
rule’’ as defined by 5 U.S.C. 804(2). Region 9] 94105.
Section 808 of the CRA allows the 5. Hand or Courier Delivery: Jeffrey
issuing agency to make a rule effective Approval and Promulgation of
Buss, Air Planning Section (AIR–2), U.S.
sooner than otherwise provided by CRA Implementation Plans; Arizona;
Environmental Protection Agency,
if the agency makes a good cause Phased Discontinuation of Stage II
Region IX, 75 Hawthorne, San
finding that notice and public procedure Vapor Recovery Program
Francisco, California 94105. Such
is impracticable, unnecessary, or deliveries are only accepted during the
AGENCY: Environmental Protection
contrary to the public interest. As Regional Office’s normal hours of
Agency (EPA).
required by 5 U.S.C. 808(2), this
asabaliauskas on DSK5VPTVN1PROD with RULES

ACTION: Direct final rule. operation. Special arrangements should
determination is supported by a brief be made for deliveries of boxed
statement in Unit III. SUMMARY: The Environmental Protection information.
List of Subjects Agency (EPA) is taking direct final Instructions: Direct your comments to
action to approve a state Docket ID No. EPA–R09–OAR–2014–
40 CFR Part 9 implementation plan (SIP) revision from 0256. EPA’s policy is that all comments
Environmental protection, Reporting the Arizona Department of received will be included in the public
and recordkeeping requirements. Environmental Quality related to the docket without change and may be

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Document Created: 2018-02-26 10:11:01
Document Modified: 2018-02-26 10:11:01

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This final rule is effective September 2, 2015.
Contact		For technical information contact: Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
FR Citation		80 FR 53000
RIN Number		2070-AB27
CFR Citation		40 CFR 721 40 CFR 9
CFR Associated		Chemicals; Hazardous Substances; Environmental Protection and Reporting and Recordkeeping Requirements