82 FR 22088 - Chemical Substances When Manufactured or Processed as Nanoscale Materials; TSCA Reporting and Recordkeeping Requirements

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 91 (May 12, 2017)

Page Range		22088-22089
FR Document		2017-09683

EPA is hereby extending the effective date of the final rule that appeared in the Federal Register of January 12, 2017, and established final reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale as described in that rule.

Federal Register, Volume 82 Issue 91 (Friday, May 12, 2017)

[Federal Register Volume 82, Number 91 (Friday, May 12, 2017)]
[Rules and Regulations]
[Pages 22088-22089]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09683]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 704

[EPA-HQ-OPPT-2010-0572; FRL-9962-58]
RIN 2070-AK39


Chemical Substances When Manufactured or Processed as Nanoscale 
Materials; TSCA Reporting and Recordkeeping Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; delay of effective date.

-----------------------------------------------------------------------

SUMMARY: EPA is hereby extending the effective date of the final rule 
that appeared in the Federal Register of January 12, 2017, and 
established final reporting and recordkeeping requirements for certain 
chemical substances when they are manufactured or processed at the 
nanoscale as described in that rule.

DATES: The effective date of the final rule that appeared in the 
Federal Register of January 12, 2017 (82 FR 3641), is delayed from May 
12, 2017, to August 14, 2017.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2010-0572, is available 
electronically at http://www.regulations.gov or in person at the Office 
of Pollution Prevention and Toxics Docket (OPPT Docket), Environmental 
Protection Agency Docket Center (EPA/DC), West William Jefferson 
Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. 
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
OPPT Docket is (202) 566-0280. Please review the visitor instructions 
and additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim 
Alwood, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8974; 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. What action is the Agency taking?

    EPA is extending the effective date for a final rule that appeared 
in the Federal Register of January 12, 2017 (82 FR 3641; FRL-9957-81) 
from May 12, 2017 to August 14, 2017. That rule established final 
reporting and recordkeeping requirements for certain chemical 
substances when they are manufactured or processed at the nanoscale as 
described in that rule. Specifically, the rule requires persons that 
manufacture (defined by statute to include import) or process, or 
intend to manufacture or process these chemical substances to 
electronically report to EPA certain information, which includes 
insofar as known to or reasonably ascertainable by the person making 
the report, the specific chemical identity, production volume, methods 
of manufacture and processing, exposure and release information, and 
existing information concerning environmental and health effects. The 
rule involves one-time reporting for existing discrete forms of certain 
nanoscale materials, and a standing one-time reporting requirement for 
new discrete forms of certain nanoscale materials before those new 
forms are manufactured or processed.
    Section 553(b)(1)(B) of the Administrative Procedure Act, 5 U.S.C. 
553(b)(1)(B), allows an action to be taken without opportunity for 
notice or comment when the agency for good cause finds that notice and 
public procedure thereon are impracticable, unnecessary, or contrary to 
the public interest. In addition, Section 553(d)(3), 5 U.S.C. 
553(d)(3), allows the effective date of an action to be less than 30 
days when a good cause finding is made. Because of the complex issues 
regarding reporting requirements of the rule and the immediate pendency 
of the effective date of the reporting requirements, it would be 
impractical to make the effective date of this extension 30 days after 
its publication, and it would be impractical to get public comments on 
an extension of the effective date of the rule. In addition, the public 
interest is served by complete and accurate reporting under the rule, 
which would be greatly facilitated by publication of the guidance. 
Therefore, EPA finds good cause to extend the effective date of the 
rule without notice and comment.

[[Page 22089]]

II. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

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

    This action is not significant regulatory action as this term is 
defined in Executive Order 12866 (58 FR 51735, October 4, 1993). As 
such, this action is not subject to the requirements that apply to 
significant regulatory actions in Executive Orders 12866 and 13563 (76 
FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action simply extends the effective date and does not 
otherwise involve any information collection activities subject to the 
PRA, 44 U.S.C. 3501 et seq. The information collection activities in 40 
CFR part 704 related to TSCA section 8(a) reporting rules are approved 
by OMB under the PRA and assigned OMB control No. 2070-0067 (EPA ICR 
No. 1198).

C. Regulatory Flexibility Act (RFA)

    I certify under section 605(b) of the RFA, 5 U.S.C. 601 et seq., 
that this action will not have a significant economic impact on a 
substantial number of small entities under the RFA.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications, as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have 
substantial direct effects on the 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.

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

    This action does not have Tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000).

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it is not an economically significant 
regulatory action as defined by Executive Order 12866.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because it is not a significant regulatory action under 
Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards that would 
require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272 
note.

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

    EPA believes that this action would not have disproportionately 
high and adverse human health or environmental effects on minority, 
low-income, or indigenous populations, as specified in Executive Order 
12898 (59 FR 7629, February 16, 1994).

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA 
will submit a rule report to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 704

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

    Dated: May 8, 2017.
Louise P. Wise,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2017-09683 Filed 5-9-17; 4:15 pm]
 BILLING CODE 6560-50-P

22088 Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations

is published in the Federal Register. Procedures’’ and the entries ‘‘Sect For general information contact: The
This action is not a ‘‘major rule’’ as .0601’’ through ‘‘Sect .0607’’. TSCA-Hotline, ABVI-Goodwill, 422
defined by 5 U.S.C. 804(2). [FR Doc. 2017–09539 Filed 5–11–17; 8:45 am] South Clinton Ave., Rochester, NY
Under section 307(b)(1) of the CAA, BILLING CODE 6560–50–P
14620; telephone number: (202) 554–
petitions for judicial review of this 1404; email address: TSCA-Hotline@
action must be filed in the United States epa.gov.
Court of Appeals for the appropriate ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION:
circuit by July 11, 2017. Filing a petition AGENCY
I. What action is the Agency taking?
for reconsideration by the Administrator
40 CFR Part 704 EPA is extending the effective date for
of this final rule does not affect the
finality of this action for the purposes of [EPA–HQ–OPPT–2010–0572; FRL–9962–58] a final rule that appeared in the Federal
judicial review nor does it extend the Register of January 12, 2017 (82 FR
time within which a petition for judicial RIN 2070–AK39 3641; FRL–9957–81) from May 12, 2017
review may be filed, and shall not to August 14, 2017. That rule
postpone the effectiveness of such rule Chemical Substances When established final reporting and
or action. Parties with objections to this Manufactured or Processed as recordkeeping requirements for certain
direct final rule are encouraged to file a Nanoscale Materials; TSCA Reporting chemical substances when they are
comment in response to the parallel and Recordkeeping Requirements manufactured or processed at the
notice of proposed rulemaking for this AGENCY: Environmental Protection nanoscale as described in that rule.
action published in the proposed rules Agency (EPA). Specifically, the rule requires persons
section of today’s Federal Register, that manufacture (defined by statute to
ACTION: Final rule; delay of effective include import) or process, or intend to
rather than file an immediate petition date.
for judicial review of this direct final manufacture or process these chemical
rule, so that EPA can withdraw this SUMMARY: EPA is hereby extending the substances to electronically report to
direct final rule and address the effective date of the final rule that EPA certain information, which
comment in the proposed rulemaking. appeared in the Federal Register of includes insofar as known to or
This action may not be challenged later January 12, 2017, and established final reasonably ascertainable by the person
in proceedings to enforce its reporting and recordkeeping making the report, the specific chemical
requirements. See section 307(b)(2). requirements for certain chemical identity, production volume, methods of
substances when they are manufactured manufacture and processing, exposure
List of Subjects in 40 CFR Part 52 and release information, and existing
or processed at the nanoscale as
described in that rule. information concerning environmental
Environmental protection, Air
and health effects. The rule involves
pollution control, Carbon monoxide, DATES: The effective date of the final
one-time reporting for existing discrete
Incorporation by reference, rule that appeared in the Federal forms of certain nanoscale materials,
Intergovernmental relations, Lead, Register of January 12, 2017 (82 FR and a standing one-time reporting
Nitrogen dioxide, Ozone, Particulate 3641), is delayed from May 12, 2017, to requirement for new discrete forms of
matter, Reporting and recordkeeping August 14, 2017. certain nanoscale materials before those
requirements, Sulfur oxides, Volatile ADDRESSES: The docket for this action, new forms are manufactured or
organic compounds. identified by docket identification (ID) processed.
Dated: March 31, 2017. number EPA–HQ–OPPT–2010–0572, is Section 553(b)(1)(B) of the
V. Anne Heard, available electronically at http:// Administrative Procedure Act, 5 U.S.C.
www.regulations.gov or in person at the 553(b)(1)(B), allows an action to be
Acting Regional Administrator, Region 4.
Office of Pollution Prevention and taken without opportunity for notice or
■ 40 CFR part 52 is amended as follows: Toxics Docket (OPPT Docket), comment when the agency for good
Environmental Protection Agency cause finds that notice and public
PART 52—APPROVAL AND Docket Center (EPA/DC), West William procedure thereon are impracticable,
PROMULGATION OF Jefferson Clinton Bldg., Rm. 3334, 1301 unnecessary, or contrary to the public
IMPLEMENTATION PLANS Constitution Ave. NW., Washington, interest. In addition, Section 553(d)(3),
DC. The Public Reading Room is open 5 U.S.C. 553(d)(3), allows the effective
■ 1. The authority citation for part 52 from 8:30 a.m. to 4:30 p.m., Monday date of an action to be less than 30 days
continues to read as follows: through Friday, excluding legal when a good cause finding is made.
holidays. The telephone number for the Because of the complex issues regarding
Authority: 42 U.S.C. 7401 et seq.
Public Reading Room is (202) 566–1744, reporting requirements of the rule and
Subpart II—North Carolina and the telephone number for the OPPT the immediate pendency of the effective
Docket is (202) 566–0280. Please review date of the reporting requirements, it
§ 52.1770 [Amended] the visitor instructions and additional would be impractical to make the
information about the docket available effective date of this extension 30 days
■ 2. Section 52.1770(c), Table 1 is at http://www.epa.gov/dockets.
amended: after its publication, and it would be
FOR FURTHER INFORMATION CONTACT: For impractical to get public comments on
■ a. Under ‘‘Subchapter 2D Air technical information contact: Jim an extension of the effective date of the
Pollution Control Requirements’’ by
mstockstill on DSK30JT082PROD with RULES

Alwood, Chemical Control Division rule. In addition, the public interest is
removing the heading ‘‘Section .0800 (7405M), Office of Pollution Prevention served by complete and accurate
Complex Sources’’ and the entries ‘‘Sect and Toxics, Environmental Protection reporting under the rule, which would
.0801’’ through ‘‘Sect .0806’’; and Agency, 1200 Pennsylvania Ave. NW., be greatly facilitated by publication of
■ b. Under ‘‘Subchapter 2Q Air Quality Washington, DC 20460–0001; telephone the guidance. Therefore, EPA finds good
Permits’’ by removing the heading number: (202) 564–8974; email address: cause to extend the effective date of the
‘‘Section .0600 Transportation Facility alwood.jim@epa.gov. rule without notice and comment.

VerDate Sep<11>2014 16:29 May 11, 2017 Jkt 241001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\12MYR1.SGM 12MYR1

$Federal Register / Vol. 82, No. 91 / Friday, May 12, 2017 / Rules and Regulations 22089 II. Statutory and Executive Order D. Unfunded Mandates Reform Act 2001), because it is not a significant Reviews (UMRA) regulatory action under Executive Order This action does not contain an 12866. Additional information about these statutes and Executive Orders can be unfunded mandate of $100 million or I. National Technology Transfer and found at http://www2.epa.gov/laws- more as described in UMRA, 2 U.S.C. Advancement Act (NTTAA) regulations/laws-and-executive-orders. 1531–1538, and does not significantly or This rulemaking does not involve uniquely affect small governments. technical standards that would require A. Executive Order 12866: Regulatory Agency consideration under NTTAA E. Executive Order 13132: Federalism Planning and Review and Executive section 12(d), 15 U.S.C. 272 note. Order 13563: Improving Regulation and This action does not have federalism Regulatory Review implications, as specified in Executive J. Executive Order 12898: Federal Order 13132 (64 FR 43255, August 10, Actions To Address Environmental This action is not significant 1999). It will not have substantial direct Justice in Minority Populations and regulatory action as this term is defined effects on the States, on the relationship Low-Income Populations in Executive Order 12866 (58 FR 51735, between the national government and EPA believes that this action would October 4, 1993). As such, this action is the States, or on the distribution of not have disproportionately high and not subject to the requirements that power and responsibilities among the adverse human health or environmental apply to significant regulatory actions in various levels of government. effects on minority, low-income, or Executive Orders 12866 and 13563 (76 F. Executive Order 13175: Consultation indigenous populations, as specified in FR 3821, January 21, 2011). and Coordination With Indian Tribal Executive Order 12898 (59 FR 7629, B. Paperwork Reduction Act (PRA) Governments February 16, 1994). This action does not have Tribal K. Congressional Review Act (CRA) This action simply extends the implications, as specified in Executive effective date and does not otherwise This action is subject to the CRA, 5 Order 13175 (65 FR 67249, November 9, U.S.C. 801 et seq., and EPA will submit involve any information collection 2000). activities subject to the PRA, 44 U.S.C. a rule report to the U.S. Senate, the U.S. 3501 et seq. The information collection G. Executive Order 13045: Protection of House of Representatives, and the activities in 40 CFR part 704 related to Children From Environmental Health Comptroller General of the United TSCA section 8(a) reporting rules are Risks and Safety Risks States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). approved by OMB under the PRA and This action is not subject to Executive assigned OMB control No. 2070–0067 Order 13045 (62 FR 19885, April 23, List of Subjects in 40 CFR Part 704 (EPA ICR No. 1198). 1997) because it is not an economically Environmental protection, Chemicals, significant regulatory action as defined Hazardous materials, Reporting and C. Regulatory Flexibility Act (RFA) by Executive Order 12866. recordkeeping requirements. I certify under section 605(b) of the H. Executive Order 13211: Actions Dated: May 8, 2017. RFA, 5 U.S.C. 601 et seq., that this Concerning Regulations That Louise P. Wise, action will not have a significant Significantly Affect Energy Supply, Acting Assistant Administrator, Office of economic impact on a substantial Distribution, or Use Chemical Safety and Pollution Prevention. number of small entities under the RFA. This action is not subject to Executive [FR Doc. 2017–09683 Filed 5–9–17; 4:15 pm] Order 13211 (66 FR 28355, May 22, BILLING CODE 6560–50–P mstockstill on DSK30JT082PROD with RULES VerDate Sep<11>2014 16:29 May 11, 2017 Jkt 241001 PO 00000 Frm 00025 Fmt 4700 Sfmt 9990 E:\FR\FM\12MYR1.SGM 12MYR1$

Document Created: 2017-05-12 01:08:56
Document Modified: 2017-05-12 01:08:56

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; delay of effective date.
Dates		The effective date of the final rule that appeared in the Federal Register of January 12, 2017 (82 FR 3641), is delayed from May 12, 2017, to August 14, 2017.
Contact		For technical information contact: Jim Alwood, 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		82 FR 22088
RIN Number		2070-AK39
CFR Associated		Environmental Protection; Chemicals; Hazardous Materials and Reporting and Recordkeeping Requirements