82 FR 22452 - Draft Guidance for Reporting of Chemical Substances When Manufactured or Processed as Nanoscale Materials; Notice of Availability and Request for Comment

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 93 (May 16, 2017)

Page Range		22452-22453
FR Document		2017-09998

With this document, EPA is announcing the availability of and requesting public comment on the draft guidance document, entitled: ``Guidance on EPA's Section 8(a) Information Gathering Rule on Nanomaterials in Commerce''. This guidance provides answers to questions the Agency has received from manufacturers (includes importers) and processors of certain chemical substances when they are manufactured or processed at the nanoscale as described in a final rule that appeared in the Federal Register of January 12, 2017. That 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.

Federal Register, Volume 82 Issue 93 (Tuesday, May 16, 2017)

[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Proposed Rules]
[Pages 22452-22453]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09998]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 704

[EPA-HQ-OPPT-2010-0572; FRL-9962-64]
RIN 2070-AK39


Draft Guidance for Reporting of Chemical Substances When 
Manufactured or Processed as Nanoscale Materials; Notice of 
Availability and Request for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Draft guidance; request for comment.

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

SUMMARY: With this document, EPA is announcing the availability of and 
requesting public comment on the draft guidance document, entitled: 
``Guidance on EPA's Section 8(a) Information Gathering Rule on 
Nanomaterials in Commerce''. This guidance provides answers to 
questions the Agency has received from manufacturers (includes 
importers) and processors of certain chemical substances when they are 
manufactured or processed at the nanoscale as described in a final rule 
that appeared in the Federal Register of January 12, 2017. That 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.

DATES: Comments must be received on or before June 15, 2017.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2010-0572, 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.

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. Who does this action apply to?

    You may be potentially affected by this action if you manufacture 
or process or intend to manufacture or process nanoscale forms (forms 
with particle sizes of 1-100 nm) of certain chemical substances as 
defined in TSCA section 3. You may also want to consult 40 CFR 704.3 
and 704.5, and the January 2017 final rule, for further information on 
the applicability of the reporting requirements as well as exemptions 
to the rule. The following list of North American Industrial 
Classification System (NAICS) codes is not intended to be exhaustive, 
but rather provides a guide to help readers determine whether this 
document may apply to them:
     Chemical Manufacturing or Processing (NAICS codes 325).
     Synthetic Dye and Pigment Manufacturing (NAICS code 
325130).
     Other Basic Inorganic Chemical Manufacturing (NAICS code 
325180).
     Rolled Steel Shape Manufacturing (NAICS code 331221).
     Semiconductor and Related Device Manufacturing (NAICS code 
334413).
     Carbon and Graphite Product Manufacturing (NAICS code 
335991).
     Home Furnishing Merchant Wholesalers (NAICS code 423220).
     Roofing, Sliding, and Insulation Material Merchant 
Wholesalers (NAICS code 423330).
     Metal Service Centers and Other Metal Merchant Wholesalers 
(NAICS code 423510).

II. Background

    The nanoscale reporting rule that appeared in the Federal Register 
of January 12, 2017 (82 FR 3641; FRL-

[[Page 22453]]

9957-81), requires persons that manufacture (defined by statute to 
include import) or process, or intend to manufacture or process those 
chemical substances subject to the rule to report to EPA the specific 
chemical identity, production volume, methods of manufacture and 
processing, exposure and release information, and existing information 
concerning environmental and health effects.

III. What action is the agency taking?

    EPA is announcing the availability of and requesting public comment 
on the draft guidance document, entitled: ``Guidance on EPA's Section 
8(a) Information Gathering Rule on Nanomaterials in Commerce''. This 
draft guidance provides answers to questions the Agency has received 
from manufacturers (includes importers) and processors regarding the 
rule.
    This draft guidance is being made available on the Agency's Web 
site at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/control-nanoscale-materials-under#guidance, 
and is also available in the docket (docket ID number EPA-HQ-OPPT-2010-
0572). Please go to http://www.regulations.gov to access the docket and 
follow the online instructions to submit comments.
    EPA is accepting comments regarding the guidance, but is not 
accepting comments regarding the rule itself, which has already been 
finalized.

IV. What is the agency's authority for taking this action?

    The final rule was issued under the authority in section 8(a) of 
the Toxic Substances Control Act as amended by the Frank R. Lautenberg 
Chemical Safety for the 21st Century Act (TSCA), 15 U.S.C. 2601 et 
seq., which provides EPA with authority to require reporting, 
recordkeeping and testing, and impose restrictions relating to chemical 
substances and/or mixtures.

V. 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.

    Authority:  15 U.S.C. 2601 et seq.

    Dated: May 10, 2017.
Wendy Cleland-Hamnett,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2017-09998 Filed 5-12-17; 4:15 pm]
 BILLING CODE 6560-50-P

22452 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Proposed Rules

Dated: May 8, 2017. Dated: May 10, 2017. delivery of boxed information, please
J.A. Janszen, Theodore A. Brown, follow the instructions at http://
Captain, U.S. Coast Guard, Captain of the Chief, Policy and Planning Division, www.epa.gov/dockets/contacts.html.
Port Key West. Directorate of Civil Works, U.S. Army Corps Additional instructions on
[FR Doc. 2017–09779 Filed 5–15–17; 8:45 am] of Engineers. commenting or visiting the docket,
BILLING CODE 9110–04–P [FR Doc. 2017–09861 Filed 5–15–17; 8:45 am] along with more information about
BILLING CODE 3720–58–P dockets generally, is available at http://
www.epa.gov/dockets.
DEPARTMENT OF DEFENSE FOR FURTHER INFORMATION CONTACT: For
ENVIRONMENTAL PROTECTION technical information contact: Jim
Department of the Army, U.S. Army AGENCY Alwood, Chemical Control Division
Corps of Engineers (7405M), Office of Pollution Prevention
40 CFR Part 704 and Toxics, Environmental Protection
33 CFR Part 209 [EPA–HQ–OPPT–2010–0572; FRL–9962–64] Agency, 1200 Pennsylvania Ave. NW.,
[COE–2016–0016] Washington, DC 20460–0001; telephone
RIN 2070–AK39 number: (202) 564–8974; email address:
RIN 0710–AA72 alwood.jim@epa.gov.
Draft Guidance for Reporting of
For general information contact: The
Use of U.S. Army Corps of Engineers Chemical Substances When
TSCA-Hotline, ABVI-Goodwill, 422
Reservoir Projects for Domestic, Manufactured or Processed as
South Clinton Ave., Rochester, NY
Municipal & Industrial Water Supply Nanoscale Materials; Notice of
14620; telephone number: (202) 554–
Availability and Request for Comment
AGENCY: Army Corps of Engineers, DoD. 1404; email address: TSCA-Hotline@
ACTION: Notice of proposed rulemaking; AGENCY: Environmental Protection epa.gov.
extension of time for public comments. Agency (EPA). SUPPLEMENTARY INFORMATION:
ACTION: Draft guidance; request for
SUMMARY: The U.S. Army Corps of comment. I. Who does this action apply to?
Engineers (USACE) is extending the You may be potentially affected by
public comment period for the notice of SUMMARY: With this document, EPA is this action if you manufacture or
proposed rulemaking that appeared in announcing the availability of and process or intend to manufacture or
the Federal Register of December 16, requesting public comment on the draft process nanoscale forms (forms with
2016. guidance document, entitled: ‘‘Guidance particle sizes of 1–100 nm) of certain
on EPA’s Section 8(a) Information chemical substances as defined in TSCA
DATES: The comment period for the
Gathering Rule on Nanomaterials in section 3. You may also want to consult
proposed rule published December 16,
Commerce’’. This guidance provides 40 CFR 704.3 and 704.5, and the January
2016 at 81 FR 91556 is extended until
answers to questions the Agency has 2017 final rule, for further information
August 18, 2017.
received from manufacturers (includes on the applicability of the reporting
ADDRESSES: You may submit comments, importers) and processors of certain
identified by docket number and/or requirements as well as exemptions to
chemical substances when they are the rule. The following list of North
Regulatory Information Number (RIN) manufactured or processed at the
and title, by any of the following American Industrial Classification
nanoscale as described in a final rule System (NAICS) codes is not intended
methods: that appeared in the Federal Register of
Federal eRulemaking Portal: http:// to be exhaustive, but rather provides a
January 12, 2017. That rule involves guide to help readers determine whether
www.regulations.gov. Follow the one-time reporting for existing discrete
instructions for submitting comments. this document may apply to them:
forms of certain nanoscale materials, • Chemical Manufacturing or
Email: WSRULE2016@ and a standing one-time reporting
usace.army.mil. Include the docket Processing (NAICS codes 325).
requirement for new discrete forms of • Synthetic Dye and Pigment
number, COE–2016–0016, in the subject certain nanoscale materials.
line of the message. Manufacturing (NAICS code 325130).
Mail: U.S. Army Corps of Engineers,
DATES: Comments must be received on • Other Basic Inorganic Chemical
or before June 15, 2017. Manufacturing (NAICS code 325180).
ATTN: CECC–L, U.S. Army Corps of
Engineers, 441 G St NW., Washington, ADDRESSES: Submit your comments, • Rolled Steel Shape Manufacturing
DC 20314. identified by docket identification (ID) (NAICS code 331221).
Hand Delivery/Courier: Due to number EPA–HQ–OPPT–2010–0572, by • Semiconductor and Related Device
security requirements, we cannot one of the following methods: Manufacturing (NAICS code 334413).
receive comments by hand delivery or • Federal eRulemaking Portal: http:// • Carbon and Graphite Product
courier. www.regulations.gov. Follow the online Manufacturing (NAICS code 335991).
instructions for submitting comments. • Home Furnishing Merchant
FOR FURTHER INFORMATION CONTACT: Do not submit electronically any Wholesalers (NAICS code 423220).
Technical information: Jim Fredericks, information you consider to be • Roofing, Sliding, and Insulation
503–808–3856. Legal information: Confidential Business Information (CBI) Material Merchant Wholesalers (NAICS
pmangrum on DSK3GDR082PROD with PROPOSALS1

Daniel Inkelas, 202–761–0345. or other information whose disclosure is code 423330).
SUPPLEMENTARY INFORMATION: In restricted by statute. • Metal Service Centers and Other
response to requests from multiple • Mail: Document Control Office Metal Merchant Wholesalers (NAICS
parties, USACE is extending the time for (7407M), Office of Pollution Prevention code 423510).
public comments to August 18, 2017. and Toxics (OPPT), Environmental
The date listed in the DATES section by Protection Agency, 1200 Pennsylvania II. Background
which comments must be received is Ave. NW., Washington, DC 20460–0001. The nanoscale reporting rule that
changed from May 15, 2017 to August • Hand Delivery: To make special appeared in the Federal Register of
18, 2017. arrangements for hand delivery or January 12, 2017 (82 FR 3641; FRL–

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Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Proposed Rules 22453

9957–81), requires persons that must be submitted for inclusion in the apps.fcc.gov/ecfs/. Follow the
manufacture (defined by statute to public docket. Information so marked instructions for submitting comments.
include import) or process, or intend to will not be disclosed except in D Mail: Parties who choose to file by
manufacture or process those chemical accordance with procedures set forth in paper must file an original and one copy
substances subject to the rule to report 40 CFR part 2. of each filing. If more than one docket
to EPA the specific chemical identity, 2. Tips for preparing your comments. or rulemaking number appears in the
production volume, methods of When preparing and submitting your caption of this proceeding, filers must
manufacture and processing, exposure comments, see the commenting tips at submit two additional copies for each
and release information, and existing http://www.epa.gov/dockets/ additional docket or rulemaking
information concerning environmental comments.html. number. Filings can be sent by hand or
and health effects. Authority: 15 U.S.C. 2601 et seq. messenger delivery, by commercial
III. What action is the agency taking? overnight courier, or by first-class or
Dated: May 10, 2017.
overnight U.S. Postal Service mail. All
EPA is announcing the availability of Wendy Cleland-Hamnett,
filings must be addressed to the
and requesting public comment on the Acting Assistant Administrator, Office of Commission’s Secretary, Office of the
draft guidance document, entitled: Chemical Safety and Pollution Prevention.
Secretary, Federal Communications
‘‘Guidance on EPA’s Section 8(a) [FR Doc. 2017–09998 Filed 5–12–17; 4:15 pm]
Commission. All hand-delivered or
Information Gathering Rule on BILLING CODE 6560–50–P messenger-delivered paper filings for
Nanomaterials in Commerce’’. This draft the Commission’s Secretary must be
guidance provides answers to questions delivered to FCC Headquarters at 445
the Agency has received from FEDERAL COMMUNICATIONS 12th St. SW., Room TW–A325,
manufacturers (includes importers) and COMMISSION Washington, DC 20554. The filing hours
processors regarding the rule. are 8:00 a.m. to 7:00 p.m. All hand
This draft guidance is being made 47 CFR Parts 1, 51, and 63 deliveries must be held together with
available on the Agency’s Web site at [WC Docket No. 17–84; FCC 17–37] rubber bands or fasteners. Any
https://www.epa.gov/reviewing-new- envelopes and boxes must be disposed
chemicals-under-toxic-substances- Accelerating Wireline Broadband of before entering the building.
control-act-tsca/control-nanoscale- Deployment by Removing Barriers to Commercial overnight mail (other than
materials-under#guidance, and is also Infrastructure Investment U.S. Postal Service Express Mail and
available in the docket (docket ID Priority Mail) must be sent to 9300 East
number EPA–HQ–OPPT–2010–0572). AGENCY: Federal Communications
Commission. Hampton Drive, Capitol Heights, MD
Please go to http://www.regulations.gov 20743. U.S. Postal Service first-class,
to access the docket and follow the ACTION: Proposed rule.
Express, and Priority mail must be
online instructions to submit comments. SUMMARY: In this document, a Notice of addressed to 445 12th Street SW.,
EPA is accepting comments regarding Proposed Rulemaking (NPRM) seeks Washington DC 20554.
the guidance, but is not accepting comment on a number of actions D People with Disabilities: To request
comments regarding the rule itself, designed to remove regulatory barriers materials in accessible formats for
which has already been finalized. to infrastructure investment at the people with disabilities (braille, large
IV. What is the agency’s authority for federal, state, and local level, speed the print, electronic files, audio format),
taking this action? transition from copper networks and send an email to fcc504@fcc.gov or call
The final rule was issued under the legacy services to next-generation the Consumer & Governmental Affairs
authority in section 8(a) of the Toxic networks and services, and reform Bureau at 202–418–0530 (voice), 202–
Substances Control Act as amended by Commission regulations that increase 418–0432 (tty).
the Frank R. Lautenberg Chemical costs and slow broadband deployment. For detailed instructions for
Safety for the 21st Century Act (TSCA), The NPRM seeks comment on pole submitting comments and additional
15 U.S.C. 2601 et seq., which provides attachment reforms, changes to the information on the rulemaking process,
EPA with authority to require reporting, copper retirement and other network see the SUPPLEMENTARY INFORMATION
recordkeeping and testing, and impose change notification processes, and section of this document. In addition to
restrictions relating to chemical changes to the section 214(a) filing comments with the Secretary, a
substances and/or mixtures. discontinuance application process. The copy of any comments on the
Commission adopted the NPRM in Paperwork Reduction Act information
V. What should I consider as I prepare conjunction with a Notice of Inquiry collection requirements contained
my comments for EPA? and Request for Comment in WC Docket herein should be submitted to the
1. Submitting CBI. Do not submit this No. 17–84. Federal Communications Commission
information to EPA through DATES: Comments are due on or before via email to PRA@fcc.gov and to Nicole
regulations.gov or email. Clearly mark June 15, 2017, and reply comments are Ongele, Federal Communications
the part or all of the information that due on or before July 17, 2017. Written Commission, via email to
you claim to be CBI. For CBI comments on the Paperwork Reduction Nicole.Ongele@fcc.gov.
information in a disk or CD–ROM that Act proposed information collection FOR FURTHER INFORMATION CONTACT:
pmangrum on DSK3GDR082PROD with PROPOSALS1

you mail to EPA, mark the outside of the requirements must be submitted by the Wireline Competition Bureau,
disk or CD–ROM as CBI and then public, Office of Management and Competition Policy Division, Michele
identify electronically within the disk or Budget (OMB), and other interested Berlove, at (202) 418–1477,
CD–ROM the specific information that parties on or before July 17, 2017. michele.berlove@fcc.gov, or Michael
is claimed as CBI. In addition to one ADDRESSES: You may submit comments, Ray, at (202) 418–0357, michael.ray@
complete version of the comment that identified by WC Docket No. 17–84, by fcc.gov. For additional information
includes information claimed as CBI, a any of the following methods: concerning the Paperwork Reduction
copy of the comment that does not D Federal Communications Act information collection requirements
contain the information claimed as CBI Commission’s Web site: http:// contained in this document, send an

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Document Created: 2017-05-16 13:52:47
Document Modified: 2017-05-16 13:52:47

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		Proposed Rules
Action		Draft guidance; request for comment.
Dates		Comments must be received on or before June 15, 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 22452
RIN Number		2070-AK39