81 FR 90840 - TSCA Reporting and Recordkeeping Requirements; Standards for Small Manufacturers and Processors
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 241 (December 15, 2016)
Federal Register Volume 81, Issue 241 (December 15, 2016)
| Page Range | 90840-90842 | |
| FR Document | 2016-30176 |
[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)] [Notices] [Pages 90840-90842] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30176] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2016-0675; FRL-9956-03] TSCA Reporting and Recordkeeping Requirements; Standards for Small Manufacturers and Processors AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act which amended the Toxic Substance Control Act (TSCA). TSCA, as amended, requires EPA to review the size standards for small manufacturers and processors, which are currently used in connection with reporting regulations under TSCA Section 8(a). In particular, EPA must make a determination whether a revision of those standards is warranted. EPA's preliminary determination is that revisions to currently codified size standards for TSCA Section 8(a) are indeed warranted. As part of the ongoing review process, the EPA is requesting public comment on whether a revision of the current size standard definitions is warranted at this time. DATES: Comments must be received on or before January 17, 2017. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2016-0675, by one of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001. Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets. [[Page 90841]] FOR FURTHER INFORMATION CONTACT: For technical information contact: Lynne Blake-Hedges, Chemistry, Economics, and Sustainable Strategies Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-8807; email address: blake-hedges.lynne@epa.gov. For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: TSCA-Hotline@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? You may be potentially affected by this action if you manufacture or process chemical substances or mixtures. 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: Basic Chemical Manufacturers (NAICS code 3251); Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filament Manufacturers (NAICS code 3252); Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturers (NAICS code 3255); Paint, Coating, and Adhesive Manufacturers (NAICS code 3255); Other Chemical Product and Preparation Manufacturers (NAICS code 3259); and Petroleum Refineries (NAICS code 32411). B. What should I consider as I prepare my comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html. II. What action is the agency taking? On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act which amends the Toxic Substance Control Act (TSCA), the nation's primary chemicals management law. A summary of the new law, is available at https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act. This particular action involves the revised TSCA section 8(a)(3)(C), which requires EPA, after consultation with the Administrator of the Small Business Administration, to review the adequacy of the standards for determining the manufacturers and processors which qualify as small manufacturers and processors for purposes of TSCA sections 8(a)(1) and 8(a)(3). TSCA furthermore requires that (after consulting with the Small Business Administration and providing public notice and an opportunity for comment) EPA make a determination as to whether revision of the standards is warranted. In the 1980s, the EPA issued standards that are used in identifying which businesses qualify as small manufacturers and processors for purposes of the reporting and recordkeeping rules issued under TSCA section 8(a). (Under TSCA, manufacture includes import, so references to chemical manufacture include chemical import.) These size standards describe who is generally exempt from reporting requirements under TSCA section 8(a). This exemption arises because TSCA section 8(a)(1) generally exempts small manufacturers and processors from reporting requirements, except in limited cases set forth in TSCA section 8(a)(3). In 1982, the EPA finalized standards for determining which manufacturers of a reportable chemical substance qualified as small manufacturers for purposes of a particular set of TSCA section 8(a) rules. These are the Preliminary Assessment Information Reporting (PAIR) rules, codified in 40 CFR part 712, subpart B. The small manufacturer standard for PAIR rules is found at 40 CFR 712.25(c). In 1988 EPA established general small manufacturer standards for use in other rules issued under TSCA section 8(a) (40 CFR 704.3). For example, these are the standards that now apply to the Chemical Data Reporting (CDR) rule (40 CFR part 711). The general standards are somewhat different from the earlier standards that are codified for use in the PAIR rules. The general small manufacturer standard is as follows: Small manufacturer or importer means a manufacturer or importer that meets either of the following standards: (1) First standard. A manufacturer or importer of a substance is small if its total annual sales, when combined with those of its parent company (if any), are less than $40 million. However, if the annual production or importation volume of a particular substance at any individual site owned or controlled by the manufacturer or importer is greater than 45,400 kilograms (100,000 pounds), the manufacturer or importer shall not qualify as small for purposes of reporting on the production or importation of that substance at that site, unless the manufacturer or importer qualifies as small under standard (2) of this definition. (2) Second standard. A manufacturer or importer of a substance is small if its total annual sales, when combined with those of its parent company (if any), are less than $4 million, regardless of the quantity of substances produced or imported by that manufacturer or importer. (3) Inflation index. EPA shall make use of the Producer Price Index for Chemicals and Allied Products, as compiled by the U.S. Bureau of Labor Statistics, for purposes of determining the need to adjust the total annual sales values and for determining new sales values when adjustments are made. EPA may adjust the total annual sales values whenever the Agency deems it necessary to do so, provided that the Producer Price Index for Chemicals and Allied Products has changed more than 20 percent since either the most recent previous change in sales values or the date of promulgation of this rule, whichever is later. EPA shall provide Federal Register notification when changing the total annual sales values. Certain rules issued under TSCA section 8(a) directly codify slight variations of the general small manufacturer standards at 40 CFR 704.3. (See, e.g., 40 CFR 704.45). Other rules issued under TSCA section 8(a) establish (for use in a particular rule) analogous standards for small processors (See, e.g., 40 CFR 704.33). As an initial step in evaluating whether a change in these current size standards are warranted, EPA reviewed the change in the Producer Price Index (PPI) for Chemicals and Allied Products between 1988 (the year the size [[Page 90842]] standards were last revised) and 2015 (the most recent year of PPI data available) (Ref. 1). EPA found that the PPI has changed by 129 percent, far exceeding the 20 percent inflation index specified as a level above which EPA may adjust annual sales levels in the current standard if deemed necessary. Furthermore, among the more than 500 revenue-based size standards set by the Small Business Administration (SBA), the lowest is $5.5 million, and more than 75% of those standards are in excess of $7.5 million. Some revenue-based standards are as high as $38.5 million. Thus, EPA's existing $4 million annual sales standard is an outlier at the low end of this range. Because of the magnitude of the increase in the PPI since the last revision of the size standards and the current annual sales standard is comparatively low given current revenue-based size standards developed by SBA, EPA has preliminarily determined that a revision to currently codified size standards is warranted. EPA is requesting public comment on the adequacy of the current standards and whether revision of the standards is warranted. In the event that EPA determines that a revision to the standards is warranted, any such revision would occur by subsequent rulemaking, which would involve a further opportunity for public notice and comment. Accordingly, the scope of this first action (i.e., the determination) will not necessarily include responding to stakeholder comments as to what specific amendments ought to be made to the standards. EPA is also in the process of consulting with the SBA on the adequacy of the current standards and whether revision of the standards is warranted. (Ref. 2.) EPA has requested that SBA provide its input within 15 business days of receiving EPA's consultation request. When SBA's consultation response becomes available, EPA plans to add that response to the docket for this preliminary determination. III. References The following is a listing of the documents that are specifically referenced in this document. The docket includes these documents and other information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not physically located in the docket. For assistance in locating these other documents, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT. 1. U.S. Bureau of Labor Statistics. ``Producer Price Index, Series WPU06, Chemicals and Allied Products, 1933-2015''. Retrieved November 14, 2016 from http://data.bls.gov/cgi-bin/srgatet. 2. Jones, Jim. Letter to Maria Contreras-Sweet. ``Consultation under Section 8(a)(3)(C) the Toxic Substances Control Act''. December 7, 2016. Authority: 15 U.S.C. 2607(a)(3)(C). Dated: December 7, 2016. Jim Jones, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2016-30176 Filed 12-14-16; 8:45 am] BILLING CODE 6560-50-P
![90840 Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Notices
fungus pathogenic to adult insects) to SUMMARY: The Environmental Protection Dated: November 24, 2016.
help control Aedes species of Agency is giving notice of two proposed Ron Curry,
mosquitoes, vectors of the zika virus. administrative settlements concerning Regional Administrator (6RA).
Deployment is in a container ‘‘trap’’ the Scrub-A-Dubb Barrel Company [FR Doc. 2016–29886 Filed 12–14–16; 8:45 am]
designed to attract the egg-laying adult Superfund Site, located in the City of BILLING CODE 6560–50–P
mosquito, and was initially targeted for Lubbock, Lubbock County, Texas.
Puerto Rico, where the zika virus was DATES: Comments must be submitted on
being locally transmitted. While in the or before January 17, 2017. ENVIRONMENTAL PROTECTION
trap depositing eggs, the adult mosquito AGENCY
ADDRESSES: The proposed settlements
is coated with the pesticide mixture,
and additional background information [EPA–HQ–OPPT–2016–0675; FRL–9956–03]
and then visits other egg-laying sites,
relating to the settlements are available
distributing pyriproxyfen in the process. TSCA Reporting and Recordkeeping
for public inspection at 1445 Ross
The pyriproxyfen kills the larva by Requirements; Standards for Small
Avenue, Dallas, Texas 75202–2733.
preventing development into an adult, Manufacturers and Processors
Copies of the proposed settlements may
while the Beauvaria bassiana slowly
be obtained from Robert Werner, AGENCY: Environmental Protection
kills the adult mosquito over 8–10 days.
Enforcement Officer, 1445 Ross Avenue, Agency (EPA).
Use is allowed in other areas of the U.S.
Dallas, Texas 75202–2733 or by calling ACTION: Notice.
if zika-transmitting mosquitoes are
(214) 665–6724. Comments should
detected. May 6, 2016 to May 6, 2017.
reference the Scrub-A-Dubb Barrel SUMMARY: On June 22, 2016, President
Department of Defense Company Superfund Site, located in the Obama signed into law the Frank R.
Armed Forces Pest Management Board City of Lubbock, Lubbock County, Texas Lautenberg Chemical Safety for the 21st
and EPA CERCLA Docket Number 06– Century Act which amended the Toxic
Specific exemption. EPA authorized 09–16 for the Enterprise Products BBCT Substance Control Act (TSCA). TSCA,
use of permethrin for treatment of LLC settlement and EPA CERCLA as amended, requires EPA to review the
unoccupied military aircraft to comply Docket Number 06–10–16 for the Foster size standards for small manufacturers
with disinsection requirements of Italy Testing, Inc. settlement and should be and processors, which are currently
and other counties, to prevent addressed to Robert Werner, used in connection with reporting
dissemination of potential insect disease Enforcement Officer, at the address regulations under TSCA Section 8(a). In
vectors such as the Aedes mosquito, listed above. particular, EPA must make a
vector of the zika virus. July 13, 2016 to determination whether a revision of
FOR FURTHER INFORMATION CONTACT:
July 13, 2017. those standards is warranted. EPA’s
Amy Salinas, Attorney, 1445 Ross
National Aeronautics and Space Avenue, Dallas, Texas 75202–2733 or preliminary determination is that
Administration call (214) 665–8063. revisions to currently codified size
standards for TSCA Section 8(a) are
Specific exemption. EPA authorized SUPPLEMENTARY INFORMATION: In indeed warranted. As part of the
use of ortho-phthalaldehyde, accordance with Section 122(h) of the ongoing review process, the EPA is
immobilized to a porous resin, to treat Comprehensive Environmental requesting public comment on whether
the International Space Station (ISS) Response, Compensation, and Liability a revision of the current size standard
internal active thermal control system Act, as amended (CERCLA), 42 U.S.C. definitions is warranted at this time.
(IATCS) coolant for control of aerobic 9622(h)(1), notice is hereby given of two DATES: Comments must be received on
and microaerophilic water bacteria and proposed administrative settlements or before January 17, 2017.
unidentified gram negative rods. August concerning the Scrub-A-Dubb Barrel
ADDRESSES: Submit your comments,
31, 2016 to August 31, 2017. Company Superfund Site, located in the identified by docket identification (ID)
Authority: 7 U.S.C. 136 et seq.
City of Lubbock, Lubbock County, number EPA–HQ–OPPT–2016–0675, by
Texas. one of the following methods:
Dated: November 30, 2016, The settlements require two settling • Federal eRulemaking Portal: http://
Michael Goodis, parties, Enterprise Products BBCT, LLC, www.regulations.gov. Follow the online
Acting Director, Registration Division, Office and Foster Testing, Inc., to pay a total instructions for submitting comments.
of Pesticide Programs. of $147,800.00 as payment of response Do not submit electronically any
[FR Doc. 2016–30175 Filed 12–14–16; 8:45 am] costs to the Hazardous Substances information you consider to be
BILLING CODE 6560–50–P Superfund. The settlements include a Confidential Business Information (CBI)
covenant not to sue pursuant to Section or other information whose disclosure is
107 of CERCLA, 42, U.S.C. 9607. restricted by statute.
ENVIRONMENTAL PROTECTION For thirty (30) days beginning the date • Mail: Document Control Office
AGENCY of publication of this notice, the Agency (7407M), Office of Pollution Prevention
will receive written comments relating and Toxics (OPPT), Environmental
[FRL–9956–49–Region 6] to this notice and will receive written Protection Agency, 1200 Pennsylvania
comments relating to the settlement. Ave. NW., Washington, DC 20460–0001.
Notice of Proposed Administrative The Agency will consider all comments • Hand Delivery: To make special
Settlement Pursuant to the received and may modify or withdraw arrangements for hand delivery or
Comprehensive Environmental its consent to the settlement if delivery of boxed information, please
rmajette on DSK2TPTVN1PROD with NOTICES
Response, Compensation, and Liability comments received disclose facts or follow the instructions at http://
Act considerations which indicate that the www.epa.gov/dockets/contacts.html.
AGENCY: Environmental Protection settlement is inappropriate, improper, Additional instructions on
Agency (EPA). or inadequate. The Agency’s response to commenting or visiting the docket,
any comments received will be available along with more information about
ACTION: Notice; request for public
for public inspection at 1445 Ross dockets generally, is available at http://
comment.
Avenue, Dallas, Texas 75202–2733. www.epa.gov/dockets.
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![90842 Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Notices
standards were last revised) and 2015 1. U.S. Bureau of Labor Statistics. ‘‘Producer FOR FURTHER INFORMATION CONTACT:
(the most recent year of PPI data Price Index, Series WPU06, Chemicals Steve Knizner, Antimicrobials Division
available) (Ref. 1). EPA found that the and Allied Products, 1933–2015’’. (AD) (7510P), main telephone number:
PPI has changed by 129 percent, far Retrieved November 14, 2016 from (703) 305–7090, email address:
http://data.bls.gov/cgi-bin/srgatet.
exceeding the 20 percent inflation index 2. Jones, Jim. Letter to Maria Contreras-
ADFRNotices@epa.gov; Robert McNally,
specified as a level above which EPA Sweet. ‘‘Consultation under Section Biopesticides and Pollution Prevention
may adjust annual sales levels in the 8(a)(3)(C) the Toxic Substances Control Division (BPPD) (7511P), main
current standard if deemed necessary. Act’’. December 7, 2016. telephone number: (703) 305–7090,
Furthermore, among the more than 500 email address: BPPDFRNotices@
Authority: 15 U.S.C. 2607(a)(3)(C).
revenue-based size standards set by the epa.gov; or Michael Goodis, Registration
Small Business Administration (SBA), Dated: December 7, 2016. Division (RD) (7505P), main telephone
the lowest is $5.5 million, and more Jim Jones, number: (703) 305–7090, email address:
than 75% of those standards are in Assistant Administrator, Office of Chemical RDFRNotices@epa.gov. The mailing
excess of $7.5 million. Some revenue- Safety and Pollution Prevention. address for each contact person is:
based standards are as high as $38.5 [FR Doc. 2016–30176 Filed 12–14–16; 8:45 am] Office of Pesticide Programs,
million. Thus, EPA’s existing $4 million BILLING CODE 6560–50–P Environmental Protection Agency, 1200
annual sales standard is an outlier at the Pennsylvania Ave. NW., Washington,
low end of this range. Because of the DC 20460–0001. As part of the mailing
magnitude of the increase in the PPI ENVIRONMENTAL PROTECTION address, include the contact person’s
since the last revision of the size AGENCY name, division, and mail code. The
standards and the current annual sales division to contact is listed at the end
[EPA–HQ–OPP–2015–0022; FRL–9955–76]
standard is comparatively low given of each application summary.
current revenue-based size standards Pesticide Product Registrations; SUPPLEMENTARY INFORMATION:
developed by SBA, EPA has Receipt of Applications for New Uses
preliminarily determined that a revision I. General Information
to currently codified size standards is AGENCY: Environmental Protection
A. Does this action apply to me?
warranted. Agency (EPA).
EPA is requesting public comment on ACTION: Notice. You may be potentially affected by
the adequacy of the current standards this action if you are an agricultural
and whether revision of the standards is SUMMARY: EPA has received applications producer, food manufacturer, or
warranted. In the event that EPA to register new uses for pesticide pesticide manufacturer. The following
determines that a revision to the products containing currently registered list of North American Industrial
standards is warranted, any such active ingredients. Pursuant to the Classification System (NAICS) codes is
revision would occur by subsequent Federal Insecticide, Fungicide, and not intended to be exhaustive, but rather
rulemaking, which would involve a Rodenticide Act (FIFRA), EPA is hereby provides a guide to help readers
further opportunity for public notice providing notice of receipt and determine whether this document
and comment. Accordingly, the scope of opportunity to comment on these applies to them. Potentially affected
this first action (i.e., the determination) applications. entities may include:
will not necessarily include responding • Crop production (NAICS code 111).
DATES: Comments must be received on
to stakeholder comments as to what • Animal production (NAICS code
or before January 17, 2017. 112).
specific amendments ought to be made
to the standards. ADDRESSES: Submit your comments, • Food manufacturing (NAICS code
EPA is also in the process of identified by the Docket Identification 311).
consulting with the SBA on the (ID) Number and the File Symbol or • Pesticide manufacturing (NAICS
adequacy of the current standards and EPA Registration Number of interest as code 32532).
whether revision of the standards is shown in the body of this document, by If you have any questions regarding
warranted. (Ref. 2.) EPA has requested one of the following methods: the applicability of this action to a
that SBA provide its input within 15 • Federal eRulemaking Portal: http:// particular entity, consult the person
business days of receiving EPA’s www.regulations.gov. Follow the online listed under FOR FURTHER INFORMATION
consultation request. When SBA’s instructions for submitting comments. CONTACT for the division listed at the
consultation response becomes Do not submit electronically any end of the application summary of
available, EPA plans to add that information you consider to be interest.
response to the docket for this Confidential Business Information (CBI)
preliminary determination. or other information whose disclosure is B. What should I consider as I prepare
restricted by statute. my comments for EPA?
III. References • Mail: OPP Docket, Environmental 1. Submitting CBI. Do not submit this
The following is a listing of the Protection Agency Docket Center (EPA/ information to EPA through
documents that are specifically DC), (28221T), 1200 Pennsylvania Ave. regulations.gov or email. Clearly mark
referenced in this document. The docket NW., Washington, DC 20460–0001. the part or all of the information that
includes these documents and other • Hand Delivery: To make special you claim to be CBI. For CBI
information considered by EPA, arrangements for hand delivery or information in a disk or CD–ROM that
including documents that are referenced delivery of boxed information, please you mail to EPA, mark the outside of the
rmajette on DSK2TPTVN1PROD with NOTICES
within the documents that are included follow the instructions at http:// disk or CD–ROM as CBI and then
in the docket, even if the referenced www.epa.gov/dockets/contacts.html. identify electronically within the disk or
document is not physically located in Additional instructions on commenting CD–ROM the specific information that
the docket. For assistance in locating or visiting the docket, along with more is claimed as CBI. In addition to one
these other documents, please consult information about dockets generally, is complete version of the comment that
the technical person listed under FOR available at http://www.epa.gov/ includes information claimed as CBI, a
FURTHER INFORMATION CONTACT. dockets. copy of the comment that does not
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Document Created: 2016-12-15 01:10:44
Document Modified: 2016-12-15 01:10:44
| 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 | Notices | |
| Action | Notice. | |
| Dates | Comments must be received on or before January 17, 2017. | |
| Contact | For technical information contact: Lynne Blake-Hedges, Chemistry, Economics, and Sustainable Strategies Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-8807; email | |
| FR Citation | 81 FR 90840 |
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