82_FR_25896 82 FR 25790 - Chemical Data Reporting; Requirements for Inorganic Byproduct Chemical Substances; Notice of Establishment of Negotiated Rulemaking Committee; Notice of Public Meetings

82 FR 25790 - Chemical Data Reporting; Requirements for Inorganic Byproduct Chemical Substances; Notice of Establishment of Negotiated Rulemaking Committee; Notice of Public Meetings

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 106 (June 5, 2017)

Page Range25790-25794
FR Document2017-11570

EPA is giving notice that it is establishing a Negotiated Rulemaking Committee (Committee) under the Negotiated Rulemaking Act (NRA). The objective of the Committee is to negotiate a proposed rule that would limit chemical data reporting requirements under section 8(a) of the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, for manufacturers of any inorganic byproduct chemical substances when such byproduct chemical substances are subsequently recycled, reused, or reprocessed. The purpose of the Committee is to conduct discussions in a good faith attempt to reach consensus on proposed regulatory language. This negotiation process is required by section 8(a)(6) of TSCA. This notice lists the stakeholder groups from which EPA plans to invite representatives to participate as members of the Committee, all of whom have been identified as having a definable stake in the outcome of the proposed requirements. This notice also announces the first two meetings of the Committee, which are open to the public.

Federal Register, Volume 82 Issue 106 (Monday, June 5, 2017)
[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Pages 25790-25794]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11570]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2016-0597; FRL-9961-92]


Chemical Data Reporting; Requirements for Inorganic Byproduct 
Chemical Substances; Notice of Establishment of Negotiated Rulemaking 
Committee; Notice of Public Meetings

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of establishment of Negotiated Rulemaking Committee and 
notice of public meetings.

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[[Page 25791]]

SUMMARY: EPA is giving notice that it is establishing a Negotiated 
Rulemaking Committee (Committee) under the Negotiated Rulemaking Act 
(NRA). The objective of the Committee is to negotiate a proposed rule 
that would limit chemical data reporting requirements under section 
8(a) of the Toxic Substances Control Act (TSCA), as amended by the 
Frank R. Lautenberg Chemical Safety for the 21st Century Act, for 
manufacturers of any inorganic byproduct chemical substances when such 
byproduct chemical substances are subsequently recycled, reused, or 
reprocessed. The purpose of the Committee is to conduct discussions in 
a good faith attempt to reach consensus on proposed regulatory 
language. This negotiation process is required by section 8(a)(6) of 
TSCA. This notice lists the stakeholder groups from which EPA plans to 
invite representatives to participate as members of the Committee, all 
of whom have been identified as having a definable stake in the outcome 
of the proposed requirements. This notice also announces the first two 
meetings of the Committee, which are open to the public.

DATES: The first of the Committee meetings, which are both open to the 
public, will be held on June 8, 2017, from 9 a.m. to 5 p.m. and on June 
9, 2017, from 9 a.m. to 3:00 p.m. The second Committee meeting will be 
held on August 16, 2017, from 9 a.m. to 5 p.m. and on August 17, 2017, 
from 9 a.m. to 3:00 p.m.

ADDRESSES: Both meetings will be held at William Jefferson Clinton East 
Building, Room 1153, 1201 Constitution Avenue NW., Washington, DC 
20004.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing to 
obtain information concerning the public meetings may contact Jonah 
Richmond, Designated Federal Officer (DFO), Conflict Prevention and 
Resolution Center, Office of General Counsel, 1200 Pennsylvania Ave. 
NW., Washington, DC 20460-0001; telephone number: (202) 564-0210; email 
address: [email protected]. General information about the 
Committee, as well as any updates concerning the meetings announced in 
this notice, may be found at https://www.epa.gov/chemical-data-reporting/negotiated-rulemaking-committee-chemical-data-reporting-requirements.
    For information on access or services for individuals with 
disabilities, or to request accommodation for a disability, please 
contact the DFO, preferably at least ten days prior to the meetings to 
give EPA as much time as possible to process your request.
    For technical information contact: Susan Sharkey, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (202) 564-8789; 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. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(including manufacture as a byproduct chemical substance and including 
import) chemical substances listed on the TSCA Inventory. The following 
list of North American Industrial Classification System (NAICS) codes 
are not intended to be exhaustive, but rather provides a guide to help 
readers determine whether this action may apply to them:
    1. Chemical manufacturers and importers (NAICS codes 325 and 
324110; e.g., chemical manufacturing and processing and petroleum 
refineries).
    2. Chemical users and processors who may manufacture a byproduct 
chemical substance (NAICS codes 22, 322, 331, and 3344; e.g., 
utilities, paper manufacturing, primary metal manufacturing, and 
semiconductor and other electronic component manufacturing).
    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.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification 
(ID) number EPA-HQ-OPPT-2016-0597, 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.

II. Background

A. What action is the agency taking?

    As required by the Negotiated Rulemaking Act of 1996 (NRA), EPA is 
giving notice that the agency is establishing a Negotiated Rulemaking 
Committee. The objective of this Committee is to develop a proposed 
rule providing for limiting chemical data reporting requirements, under 
TSCA section 8(a), for manufacturers of any inorganic byproduct 
chemical substances when such byproduct chemical substances are 
subsequently recycled, reused, or reprocessed. This negotiation 
process, which includes the establishment of a federal advisory 
committee, is required by TSCA section 8(a)(6), as amended by the 
Frank. R. Lautenberg Chemical Safety for the 21st Century Act 
(Lautenberg Act).
    This Committee will be a statutory advisory committee under the 
Federal Advisory Committee Act, 5 U.S.C. App. 2 Sec.  9(a)(1). In 
accordance with Section 9(c) of the Federal Advisory Committee Act, 5 
U.S.C. App. I Sec.  9(c), EPA prepared a charter for the establishment 
of the Negotiated Rulemaking Committee. Copies of the Committee's 
charter will be filed with the appropriate congressional committees, 
the Library of Congress, and available online at https://www.epa.gov/chemical-data-reporting/negotiated-rulemaking-committee-chemical-data-reporting-requirements. On December 15, 2016, EPA announced its intent 
to negotiate and establish this Committee (81 FR 90843). More 
information on this notice and comments received in response are in 
Unit VII.
    This notice announces the stakeholder groups from which EPA intends 
to invite individuals as members of the Committee, all of whom will 
have been identified as having a definable stake in the outcome of the 
proposed requirements. EPA is also announcing the first two meetings of 
the Committee. These meetings have been scheduled for the dates 
indicated under DATES, and are open to the public. Under normal 
circumstances, a notice of the Committee meeting must be published no 
later than 15 days before the date of that meeting. Due to unavoidable 
administrative circumstances, we are publishing this notice with less 
than 15 days' advance notice for the first Committee meeting on June 8 
and 9, 2017.

[[Page 25792]]

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

    This notice announcing EPA's establishment of a Negotiated 
Rulemaking Committee to negotiate a proposed regulation was developed 
under the authority of NRA sections 563 and 564 (5 U.S.C. 561, Pub. L. 
104-320). Any proposed regulation resulting from the negotiation 
process would be developed under the authority of TSCA section 8 (15 
U.S.C. 2607), as amended by the Lautenberg Act (Pub. L. 114-182).

C. Chemical Data Reporting (CDR) Framework

    Under TSCA, EPA regulates the manufacture (including import), 
processing, distribution, use, and disposal of chemical substances in 
the United States. Information submitted by manufacturers (including 
importers) as required by CDR provides exposure-related data for 
chemical substances in U.S. commerce that are subject to TSCA. This 
information supports agency risk evaluation, risk management, and other 
programs; it is made publicly available, to the extent possible, while 
protecting information claimed as confidential business information.
    Prior to 2011, CDR was known as the Inventory Update Reporting 
(IUR) regulation. In 1986, EPA promulgated IUR regulations under the 
authority of TSCA section 8(a) to collect limited information on the 
manufacture (including import) of organic chemical substances listed on 
the TSCA Inventory, thereby providing more up-to-date production volume 
information on the chemical substances in U.S. commerce. In 2005, EPA 
amended IUR regulations to require the reporting of information on 
inorganic chemical substances and to collect additional manufacturing, 
processing, and use information. EPA has since made additional changes 
to the reporting requirements, and in 2011 changed the name of the 
reporting rule to Chemical Data Reporting. CDR regulations are 
currently codified at 40 CFR part 711. EPA believes CDR is the only 
current reporting obligation under TSCA section 8(a) that is likely to 
affect the manufacturers of inorganic byproduct chemical substances.
    Manufacturers of inorganic chemical substances first reported this 
information in 2006, with subsequent reporting in 2012 and 2016. 
Specific reporting requirements for these manufacturers were phased in, 
to allow for the industry to better understand the reporting 
requirements and for EPA to gain a better understanding of the 
industry.

D. Inorganic Byproduct Chemical Substances Under CDR

    A byproduct chemical substance is a chemical substance produced 
without a separate commercial intent during the manufacture, 
processing, use, or disposal of another chemical substance or mixture. 
40 CFR 704.3, definition of byproduct. Such byproduct chemical 
substances may, or may not, in themselves have commercial value, but 
they are nonetheless produced for the purpose of obtaining a commercial 
advantage. 40 CFR 704.3, definition of manufacture for commercial 
purposes. Because byproduct chemical substances are manufactured for a 
commercial purpose, this manufacturing is reportable under CDR unless 
covered by a specific reporting exemption. CDR contains a specific 
reporting exemption for the manufacture of byproduct chemical 
substances limited to cases where those byproduct chemical substances 
are not used for any commercial purposes (or are only used for certain 
limited commercial purposes) after they are manufactured. 40 CFR 
711.10(c). Inorganic byproduct chemical substances are often recycled. 
The recycling of a byproduct chemical substance may qualify as a 
commercial purpose beyond the limited commercial purposes encompassed 
by 40 CFR 711.10(c). If so, the exemption from a manufacturer of a 
byproduct chemical substance from reporting this to CDR is not 
applicable.
    On June 22, 2016, TSCA was amended by the Lautenberg Act. TSCA now 
includes a requirement that EPA enter into a negotiated rulemaking, 
pursuant to the NRA, to develop and publish a proposed rule to limit 
the reporting requirements under TSCA section 8(a), for manufacturers 
of any inorganic byproduct chemical substances when such byproduct 
chemical substances, whether by the byproduct chemical substance 
manufacturer or by any other person, are subsequently recycled, reused, 
or reprocessed. The objective of the negotiated rulemaking process is 
to develop and publish a proposed rule by June 22, 2019. In the event 
the Committee reaches a consensus and a proposed rule is developed 
through the negotiated rulemaking process, a final rule ``resulting 
from such negotiated rulemaking'' must be issued by December 22, 2019. 
15 U.S.C. 2607(a)(6).

III. Facilitators

    In its Notice of Intent to Establish a Negotiated Rulemaking 
Committee and Negotiate a Proposed Rule (81 FR 90843, December 15, 
2016), EPA stated that it was seeking a facilitator to conduct the 
negotiations. Christopher Moore, Ph.D., of Collaborative Decision 
Resources Associates, and Laura Sneeringer, of the Consensus Building 
Institute, have been retained for this purpose.

IV. Committee Membership

A. Qualifications for Stakeholder Representatives

    The facilitators conducted extensive interviews with interested 
stakeholders, asking for recommendations for potential Committee 
members. To facilitate representative selection, the facilitators 
suggested qualifications, knowledge, and skills that should be 
possessed by representatives, which would help promote productive 
deliberations. These included:
     Knowledge of technical issues related to inorganic 
byproducts;
     Experience with CDR and inorganic byproduct reporting;
     Direct representation of a constituency or a stakeholder 
group as a whole, such as an industry, or as component parts, such as 
large or small companies;
     Not serving as external technical consultants or legal 
counsel without constituents;
     Authority to reach agreements and make commitments for 
their stakeholder group;
     Willingness and flexibility to discuss issues that will be 
the focus of the dialogue with parties that may have different views or 
interests;
     Willingness to engage in productive interest-based 
negotiations and avoid adversarial or legal argumentation; and
     A commitment to negotiate in good faith and strive to find 
solutions that will meet all parties' interests to the greatest extent 
possible.

B. Represented Stakeholders

    EPA is planning to invite representatives from the following 
stakeholder groups to serve on the Committee:
     Inorganic chemical manufacturers and processors, including 
metal mining and related activities;
     Recyclers, including scrap recyclers;
     Industry advocacy groups;
     Environmental advocacy groups; and
     Federal, State, and Tribal governments.

[[Page 25793]]

V. Participation by Non-Members

A. Attending Meetings

    EPA values public input during this process. The meetings announced 
in this notice will be open to the public, so interested parties may 
observe the meetings and communicate their views in the appropriate 
time and manner, as defined in each meeting's agenda. Consistent with 
the requirements of FACA, formal meeting materials and summaries will 
be available online.

B. Oral Statements

    In general, individuals or groups requesting an oral presentation 
at a public meeting will be limited to five minutes. Each person making 
an oral statement should consider providing written comments as well as 
their oral statement so that the points presented orally can be 
expanded upon in writing. Interested parties should submit requests by 
email to [email protected] one week prior to the meeting dates, in order 
to be placed on the list of public speakers.

C. Written Statements

    Written statements will be accepted throughout the advisory 
process; however, for timely consideration, statements should be 
supplied by email to [email protected] one week prior to the meeting 
dates. Members of the public should be aware that written comments, 
including personal contact information, if included, may be posted to 
the Committee Web site as well as placed in the EPA docket supporting 
this activity. Copyrighted material will not be posted without explicit 
permission of the copyright holder. Additionally, EPA will invite 
public comment on any proposed rule resulting from the Committee's 
deliberations.

VI. Meeting Schedule and Agenda

A. Meeting Schedule

    EPA anticipates up to five Committee meetings will be held between 
June and October 2017, including the Committee meetings that EPA is 
announcing in this Notice. Committee meetings will be one and a half 
days each, and held in Washington, DC, unless the Committee decides 
otherwise. The Committee will separately announce those meetings 
subsequent to the meetings being announced in this notice.

B. The First Committee Meeting

    The first Committee meeting will be held on June 8, 2017, from 9 
a.m. to 5 p.m. and on June 9, 2017, from 9 a.m. to 3:00 p.m. The second 
Committee meeting will be held on August 16, 2017, from 9 a.m. to 5 
p.m. and on August 17, 2017, from 9 a.m. to 3:00 p.m. Both meetings 
will be open to the public. Meeting details and agenda information will 
be available online at https://www.epa.gov/chemical-data-reporting/negotiated-rulemaking-committee-chemical-data-reporting-requirements, 
as well as in the EPA docket supporting this activity.

VII. Notice of Intent To Negotiate and Response to Public Comments

    On December 15, 2016, EPA published a notice of intent to establish 
a Committee to negotiate a proposed rule that would limit chemical data 
reporting requirements under section 8(a) of TSCA, for manufacturers of 
any inorganic byproduct chemical substances, when such byproduct 
chemical substances are subsequently recycled, reused, or reprocessed 
(81 FR 90843). The notice requested comment on membership, the 
interests affected by the rulemaking, the issues the Committee should 
address, and the procedures it should follow.
    EPA received 18 comments on the notice of intent, which can all be 
found in the docket for this Notice. None of the comments opposed using 
regulatory negotiation for this rulemaking; most endorsed the process 
and included requests to serve on the Committee. However, one commenter 
raised four substantive issues, which EPA is responding to here.

A. EPA Should Commit Staff With Appropriate Seniority and the Authority 
To Negotiate for the Agency

    The commenter encouraged EPA to select representatives that are 
knowledgeable about the issue and have the authority to make 
commitments for the agency. EPA agrees. EPA will have two 
representatives at the table--one technical expert on CDR, and the 
other an EPA manager with the authority to, in consultation with other 
EPA officials as needed, make commitments for the agency. EPA will also 
have other technical experts available to answer questions about other 
EPA programs, as recommended by the commenter.

B. Additional Recommendations Regarding Committee Participation

    The commenter recommended that the Small Business Administration 
(SBA) Office of Advocacy be represented on the Committee. Because SBA's 
Office of Advocacy already has multiple established processes for 
providing input during rulemaking, such as serving on Small Business 
Advocacy Review Panels that are convened under the Regulatory 
Flexibility Act, as amended by the Small Business Regulatory 
Enforcement Fairness Act, 5 U.S.C. 609(b)(3) (1980), and participating 
in interagency review conducted under Executive Order 12866, 58 FR 
51735 (October 4, 1993), and because EPA believes it is important for 
the federal government to be represented as a singular entity at the 
table, SBA will not serve on the Committee. EPA will coordinate with 
SBA through the standard processes that apply to EPA rulemaking. In 
addition, SBA, as well as other federal agencies, will be invited to 
attend all Committee meetings as an observer.

C. EPA Is Required To Propose and Finalize a Rule Regardless of the 
Outcome of the Negotiated Rulemaking

    The commenter believes that the Lautenberg Act requires EPA to 
propose and finalize a rule lessening the reporting burdens for 
inorganic byproducts sent for recycling, regardless of whether 
consensus is reached by the Committee. As EPA explained in its December 
15, 2016, Notice, the agency construes its obligation to propose and 
finalize a rule under TSCA section 8(a)(6) as being contingent on the 
Committee reaching a consensus.
    EPA's obligation under TSCA section 8(a)(6)(B) is to finalize a 
rule ``resulting from such negotiated rulemaking.'' While EPA would 
have authority to issue an amendment to the CDR for inorganic 
byproducts even if negotiation failed to achieve any consensus, such a 
rule would not be a rule resulting from the negotiated rulemaking. 
Accordingly, TSCA section 8(a)(6)(B) presupposes that the negotiated 
rulemaking process reached consensus in directing EPA to issue a final 
rule.
    This reading is consistent with the structure of TSCA section 
8(a)(6) as a whole, requiring a proposed rule within three years of the 
Lautenberg Act's enactment and a final rule six months later. Under the 
commenter's reading, if the Negotiated Rulemaking Committee could not 
reach any consensus to limit the reporting requirements for inorganic 
byproducts, EPA would still be required to come up with its own 
approach by June 2019 without the benefit of agreement from the 
interested parties. EPA can reasonably assume that such an approach 
would draw adverse comment from the party or parties that blocked 
consensus in the Negotiated Rulemaking Committee, and thus the agency 
would only have six months to solicit, consider, and respond to those 
comments before the statutorily required deadline. EPA does not believe 
that Congress intended for this to occur because it did not direct the 
agency to limit reporting requirements in any

[[Page 25794]]

specific way that would require a rulemaking regardless of the outcome 
of the negotiated rulemaking. On the contrary, Congress specifically 
directed that the final rule must result from the negotiated 
rulemaking, which will likely simplify the comment process enough to 
enable the agency to meet these relatively short deadlines.
    By establishing the Committee in today's Notice, EPA is fulfilling 
the Lautenberg Act's requirement to ``enter into a negotiated 
rulemaking pursuant to'' the NRA to develop and publish a proposed 
rule. 15 U.S.C. 2607(a)(6)(A). When viewed under the lens of the 
statutory structure, any requirement for EPA to actually ``develop and 
publish'' a proposed rule must necessarily also result from consensus 
being reached by the Committee.
    For these reasons, EPA respectfully disagrees with the commenter. 
If consensus cannot be reached, and there is no agreement upon which to 
base a proposal, then there is no further statutory obligation to issue 
a proposal or a final rule. However, as noted in the December 15, 2016, 
Notice, EPA commits to working in good faith to seek consensus on a 
proposal that is consistent with the legal mandate of TSCA.

D. Definition of Consensus Should Not Require Unanimous Concurrence of 
the Committee

    The commenter recommended that the Committee use a definition of 
consensus that does not require unanimous concurrence among the 
Committee, citing the potential for one Committee member's veto to 
result in no agreement. The NRA defines consensus as unanimous 
concurrence, unless the Committee agrees otherwise. 5 U.S.C. 562. A 
unanimous concurrence definition is important in ensuring no one 
interest or group of interests is able to control the process. While 
EPA believes that unanimous concurrence is not an unreasonably high 
bar, particularly with the assistance of a highly skilled neutral 
facilitator with expertise in building consensus, the Committee has the 
power under the NRA to agree to another definition of consensus.

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

    Dated: May 24, 2017.
Wendy Cleland-Hamnett,
Acting Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2017-11570 Filed 5-31-17; 4:15 pm]
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                                                                                                            be effective 7/30/2017.                                AGENCY
                                                       Docket Numbers: ER17–1700–000.                          Filed Date: 5/30/17.
                                                       Applicants: PJM Interconnection,                        Accession Number: 20170530–5127.                    [EPA–HQ–OPPT–2016–0597; FRL–9961–92]
                                                    L.L.C.                                                     Comments Due: 5 p.m. ET 6/20/17.
                                                       Description: § 205(d) Rate Filing:                      Docket Numbers: ER17–1708–000.                      Chemical Data Reporting;
                                                    Wholesale Market Participation                             Applicants: Alabama Power                           Requirements for Inorganic Byproduct
                                                    Agreement No. 4707; Queue No. AC1–                      Company.                                               Chemical Substances; Notice of
                                                    199 to be effective 5/8/2017.                              Description: § 205(d) Rate Filing:                  Establishment of Negotiated
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                       Filed Date: 5/30/17.                                 Blountstown NITSA and NOA Filing to                    Rulemaking Committee; Notice of
                                                       Accession Number: 20170530–5075.                     be effective 5/1/2017.                                 Public Meetings
                                                       Comments Due: 5 p.m. ET 6/20/17.                        Filed Date: 5/30/17.                                AGENCY:  Environmental Protection
                                                       Docket Numbers: ER17–1701–000.                          Accession Number: 20170530–5133.                    Agency (EPA).
                                                       Applicants: PJM Interconnection,                        Comments Due: 5 p.m. ET 6/20/17.
                                                                                                                                                                   ACTION: Notice of establishment of
                                                    L.L.C.                                                     Docket Numbers: ER17–1709–000.                      Negotiated Rulemaking Committee and
                                                       Description: § 205(d) Rate Filing:                      Applicants: PJM Interconnection,
                                                                                                                                                                   notice of public meetings.
                                                    Service Agreement No. 4704; Queue No.                   L.L.C.


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                                                                                    Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices                                           25791

                                                    SUMMARY:   EPA is giving notice that it is              give EPA as much time as possible to                   and the telephone number for the OPPT
                                                    establishing a Negotiated Rulemaking                    process your request.                                  Docket is (202) 566–0280. Please review
                                                    Committee (Committee) under the                            For technical information contact:                  the visitor instructions and additional
                                                    Negotiated Rulemaking Act (NRA). The                    Susan Sharkey, Chemical Control                        information about the docket available
                                                    objective of the Committee is to                        Division (7405M), Office of Pollution                  at http://www.epa.gov/dockets.
                                                    negotiate a proposed rule that would                    Prevention and Toxics, Environmental
                                                                                                            Protection Agency, 1200 Pennsylvania                   II. Background
                                                    limit chemical data reporting
                                                    requirements under section 8(a) of the                  Ave. NW., Washington, DC 20460–0001;      A. What action is the agency taking?
                                                    Toxic Substances Control Act (TSCA),                    telephone number: (202) 564–8789;           As required by the Negotiated
                                                    as amended by the Frank R. Lautenberg                   email address: Sharkey.susan@epa.gov.     Rulemaking Act of 1996 (NRA), EPA is
                                                    Chemical Safety for the 21st Century                       For general information contact: The
                                                                                                                                                      giving notice that the agency is
                                                    Act, for manufacturers of any inorganic                 TSCA-Hotline, ABVI-Goodwill, 422
                                                                                                                                                      establishing a Negotiated Rulemaking
                                                    byproduct chemical substances when                      South Clinton Ave., Rochester, NY
                                                                                                                                                      Committee. The objective of this
                                                    such byproduct chemical substances are                  14620; telephone number: (202) 554–
                                                                                                                                                      Committee is to develop a proposed rule
                                                    subsequently recycled, reused, or                       1404; email address: TSCA-Hotline@
                                                                                                                                                      providing for limiting chemical data
                                                    reprocessed. The purpose of the                         epa.gov.
                                                                                                                                                      reporting requirements, under TSCA
                                                    Committee is to conduct discussions in                  SUPPLEMENTARY INFORMATION:                section 8(a), for manufacturers of any
                                                    a good faith attempt to reach consensus                                                           inorganic byproduct chemical
                                                    on proposed regulatory language. This                   I. General Information
                                                                                                                                                      substances when such byproduct
                                                    negotiation process is required by                      A. Does this action apply to me?          chemical substances are subsequently
                                                    section 8(a)(6) of TSCA. This notice lists                                                        recycled, reused, or reprocessed. This
                                                                                                               You may be potentially affected by
                                                    the stakeholder groups from which EPA                                                             negotiation process, which includes the
                                                                                                            this action if you manufacture
                                                    plans to invite representatives to                                                                establishment of a federal advisory
                                                                                                            (including manufacture as a byproduct
                                                    participate as members of the                                                                     committee, is required by TSCA section
                                                                                                            chemical substance and including
                                                    Committee, all of whom have been                                                                  8(a)(6), as amended by the Frank. R.
                                                                                                            import) chemical substances listed on
                                                    identified as having a definable stake in                                                         Lautenberg Chemical Safety for the 21st
                                                                                                            the TSCA Inventory. The following list
                                                    the outcome of the proposed                                                                       Century Act (Lautenberg Act).
                                                                                                            of North American Industrial
                                                    requirements. This notice also                                                                      This Committee will be a statutory
                                                                                                            Classification System (NAICS) codes are
                                                    announces the first two meetings of the                                                           advisory   committee under the Federal
                                                                                                            not intended to be exhaustive, but rather
                                                    Committee, which are open to the                                                                  Advisory Committee Act, 5 U.S.C. App.
                                                                                                            provides a guide to help readers
                                                    public.                                                                                           2 § 9(a)(1). In accordance with Section
                                                                                                            determine whether this action may
                                                    DATES:  The first of the Committee                      apply to them:                            9(c) of the Federal Advisory Committee
                                                    meetings, which are both open to the                       1. Chemical manufacturers and          Act, 5 U.S.C. App. I § 9(c), EPA
                                                    public, will be held on June 8, 2017,                   importers (NAICS codes 325 and            prepared a charter for the establishment
                                                    from 9 a.m. to 5 p.m. and on June 9,                    324110; e.g., chemical manufacturing      of the Negotiated Rulemaking
                                                    2017, from 9 a.m. to 3:00 p.m. The                      and processing and petroleum              Committee. Copies of the Committee’s
                                                    second Committee meeting will be held                   refineries).                              charter will be filed with the
                                                    on August 16, 2017, from 9 a.m. to 5                       2. Chemical users and processors who appropriate congressional committees,
                                                    p.m. and on August 17, 2017, from 9                     may manufacture a byproduct chemical the Library of Congress, and available
                                                    a.m. to 3:00 p.m.                                       substance (NAICS codes 22, 322, 331,      online at https://www.epa.gov/
                                                                                                            and 3344; e.g., utilities, paper          chemical-data-reporting/negotiated-
                                                    ADDRESSES: Both meetings will be held
                                                                                                            manufacturing, primary metal              rulemaking-committee-chemical-data-
                                                    at William Jefferson Clinton East
                                                                                                            manufacturing, and semiconductor and      reporting-requirements. On December
                                                    Building, Room 1153, 1201 Constitution
                                                                                                            other electronic component                15, 2016, EPA announced its intent to
                                                    Avenue NW., Washington, DC 20004.
                                                                                                            manufacturing).                           negotiate and establish this Committee
                                                    FOR FURTHER INFORMATION CONTACT: Any                       If you have any questions regarding    (81 FR 90843). More information on this
                                                    member of the public wishing to obtain                  the applicability of this action to a     notice and comments received in
                                                    information concerning the public                       particular entity, consult the technical  response are in Unit VII.
                                                    meetings may contact Jonah Richmond,                    person listed under FOR FURTHER             This notice announces the
                                                    Designated Federal Officer (DFO),                       INFORMATION CONTACT.                      stakeholder groups from which EPA
                                                    Conflict Prevention and Resolution                                                                intends to invite individuals as
                                                    Center, Office of General Counsel, 1200                 B. How can I get copies of this document members of the Committee, all of whom
                                                    Pennsylvania Ave. NW., Washington,                      and other related information?            will have been identified as having a
                                                    DC 20460–0001; telephone number:                           The docket for this action, identified definable stake in the outcome of the
                                                    (202) 564–0210; email address:                          by docket identification (ID) number      proposed requirements. EPA is also
                                                    Richmond.jonah@epa.gov. General                         EPA–HQ–OPPT–2016–0597, is available announcing the first two meetings of the
                                                    information about the Committee, as                     at http://www.regulations.gov or at the   Committee. These meetings have been
                                                    well as any updates concerning the                      Office of Pollution Prevention and        scheduled for the dates indicated under
                                                    meetings announced in this notice, may                  Toxics Docket (OPPT Docket),              DATES, and are open to the public.
                                                    be found at https://www.epa.gov/
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                                                                                                            Environmental Protection Agency           Under normal circumstances, a notice of
                                                    chemical-data-reporting/negotiated-                     Docket Center (EPA/DC), West William      the Committee meeting must be
                                                    rulemaking-committee-chemical-data-                     Jefferson Clinton Bldg., Rm. 3334, 1301   published no later than 15 days before
                                                    reporting-requirements.                                 Constitution Ave. NW., Washington,        the date of that meeting. Due to
                                                       For information on access or services                DC. The Public Reading Room is open       unavoidable administrative
                                                    for individuals with disabilities, or to                from 8:30 a.m. to 4:30 p.m., Monday       circumstances, we are publishing this
                                                    request accommodation for a disability,                 through Friday, excluding legal           notice with less than 15 days’ advance
                                                    please contact the DFO, preferably at                   holidays. The telephone number for the notice for the first Committee meeting
                                                    least ten days prior to the meetings to                 Public Reading Room is (202) 566–1744, on June 8 and 9, 2017.


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                                                    25792                           Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices

                                                    B. What is the agency’s authority for this              gain a better understanding of the                     III. Facilitators
                                                    action?                                                 industry.                                                In its Notice of Intent to Establish a
                                                      This notice announcing EPA’s                          D. Inorganic Byproduct Chemical                        Negotiated Rulemaking Committee and
                                                    establishment of a Negotiated                           Substances Under CDR                                   Negotiate a Proposed Rule (81 FR 90843,
                                                    Rulemaking Committee to negotiate a                                                                            December 15, 2016), EPA stated that it
                                                    proposed regulation was developed                          A byproduct chemical substance is a                 was seeking a facilitator to conduct the
                                                    under the authority of NRA sections 563                 chemical substance produced without a                  negotiations. Christopher Moore, Ph.D.,
                                                    and 564 (5 U.S.C. 561, Pub. L. 104–320).                separate commercial intent during the                  of Collaborative Decision Resources
                                                    Any proposed regulation resulting from                  manufacture, processing, use, or                       Associates, and Laura Sneeringer, of the
                                                    the negotiation process would be                        disposal of another chemical substance                 Consensus Building Institute, have been
                                                    developed under the authority of TSCA                   or mixture. 40 CFR 704.3, definition of                retained for this purpose.
                                                    section 8 (15 U.S.C. 2607), as amended                  byproduct. Such byproduct chemical                     IV. Committee Membership
                                                    by the Lautenberg Act (Pub. L. 114–                     substances may, or may not, in
                                                    182).                                                   themselves have commercial value, but                  A. Qualifications for Stakeholder
                                                                                                            they are nonetheless produced for the                  Representatives
                                                    C. Chemical Data Reporting (CDR)
                                                                                                            purpose of obtaining a commercial                         The facilitators conducted extensive
                                                    Framework
                                                                                                            advantage. 40 CFR 704.3, definition of                 interviews with interested stakeholders,
                                                       Under TSCA, EPA regulates the                        manufacture for commercial purposes.                   asking for recommendations for
                                                    manufacture (including import),                         Because byproduct chemical substances                  potential Committee members. To
                                                    processing, distribution, use, and                      are manufactured for a commercial                      facilitate representative selection, the
                                                    disposal of chemical substances in the                  purpose, this manufacturing is                         facilitators suggested qualifications,
                                                    United States. Information submitted by                 reportable under CDR unless covered by                 knowledge, and skills that should be
                                                    manufacturers (including importers) as                  a specific reporting exemption. CDR                    possessed by representatives, which
                                                    required by CDR provides exposure-                      contains a specific reporting exemption                would help promote productive
                                                    related data for chemical substances in                 for the manufacture of byproduct                       deliberations. These included:
                                                    U.S. commerce that are subject to TSCA.                 chemical substances limited to cases                      • Knowledge of technical issues
                                                    This information supports agency risk                   where those byproduct chemical                         related to inorganic byproducts;
                                                    evaluation, risk management, and other                  substances are not used for any                           • Experience with CDR and inorganic
                                                    programs; it is made publicly available,                commercial purposes (or are only used                  byproduct reporting;
                                                    to the extent possible, while protecting                for certain limited commercial                            • Direct representation of a
                                                    information claimed as confidential                     purposes) after they are manufactured.                 constituency or a stakeholder group as
                                                    business information.                                   40 CFR 711.10(c). Inorganic byproduct                  a whole, such as an industry, or as
                                                       Prior to 2011, CDR was known as the                  chemical substances are often recycled.                component parts, such as large or small
                                                    Inventory Update Reporting (IUR)                        The recycling of a byproduct chemical                  companies;
                                                    regulation. In 1986, EPA promulgated                    substance may qualify as a commercial                     • Not serving as external technical
                                                    IUR regulations under the authority of                  purpose beyond the limited commercial                  consultants or legal counsel without
                                                    TSCA section 8(a) to collect limited                    purposes encompassed by 40 CFR                         constituents;
                                                    information on the manufacture                          711.10(c). If so, the exemption from a                    • Authority to reach agreements and
                                                    (including import) of organic chemical                  manufacturer of a byproduct chemical                   make commitments for their stakeholder
                                                    substances listed on the TSCA                           substance from reporting this to CDR is                group;
                                                    Inventory, thereby providing more up-                   not applicable.                                           • Willingness and flexibility to
                                                    to-date production volume information                                                                          discuss issues that will be the focus of
                                                    on the chemical substances in U.S.                         On June 22, 2016, TSCA was                          the dialogue with parties that may have
                                                    commerce. In 2005, EPA amended IUR                      amended by the Lautenberg Act. TSCA                    different views or interests;
                                                    regulations to require the reporting of                 now includes a requirement that EPA                       • Willingness to engage in productive
                                                    information on inorganic chemical                       enter into a negotiated rulemaking,                    interest-based negotiations and avoid
                                                    substances and to collect additional                    pursuant to the NRA, to develop and                    adversarial or legal argumentation; and
                                                    manufacturing, processing, and use                      publish a proposed rule to limit the                      • A commitment to negotiate in good
                                                    information. EPA has since made                         reporting requirements under TSCA                      faith and strive to find solutions that
                                                    additional changes to the reporting                     section 8(a), for manufacturers of any                 will meet all parties’ interests to the
                                                    requirements, and in 2011 changed the                   inorganic byproduct chemical                           greatest extent possible.
                                                    name of the reporting rule to Chemical                  substances when such byproduct
                                                    Data Reporting. CDR regulations are                     chemical substances, whether by the                    B. Represented Stakeholders
                                                    currently codified at 40 CFR part 711.                  byproduct chemical substance                             EPA is planning to invite
                                                    EPA believes CDR is the only current                    manufacturer or by any other person,                   representatives from the following
                                                    reporting obligation under TSCA section                 are subsequently recycled, reused, or                  stakeholder groups to serve on the
                                                    8(a) that is likely to affect the                       reprocessed. The objective of the                      Committee:
                                                    manufacturers of inorganic byproduct                    negotiated rulemaking process is to                      • Inorganic chemical manufacturers
                                                    chemical substances.                                    develop and publish a proposed rule by                 and processors, including metal mining
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                                                       Manufacturers of inorganic chemical                  June 22, 2019. In the event the                        and related activities;
                                                    substances first reported this                          Committee reaches a consensus and a                      • Recyclers, including scrap
                                                    information in 2006, with subsequent                    proposed rule is developed through the                 recyclers;
                                                    reporting in 2012 and 2016. Specific                    negotiated rulemaking process, a final                   • Industry advocacy groups;
                                                    reporting requirements for these                        rule ‘‘resulting from such negotiated                    • Environmental advocacy groups;
                                                    manufacturers were phased in, to allow                  rulemaking’’ must be issued by                         and
                                                    for the industry to better understand the               December 22, 2019. 15 U.S.C.                             • Federal, State, and Tribal
                                                    reporting requirements and for EPA to                   2607(a)(6).                                            governments.


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                                                                                    Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices                                               25793

                                                    V. Participation by Non-Members                         August 17, 2017, from 9 a.m. to 3:00                   Small Business Regulatory Enforcement
                                                                                                            p.m. Both meetings will be open to the                 Fairness Act, 5 U.S.C. 609(b)(3) (1980),
                                                    A. Attending Meetings
                                                                                                            public. Meeting details and agenda                     and participating in interagency review
                                                      EPA values public input during this                   information will be available online at                conducted under Executive Order
                                                    process. The meetings announced in                      https://www.epa.gov/chemical-data-                     12866, 58 FR 51735 (October 4, 1993),
                                                    this notice will be open to the public,                 reporting/negotiated-rulemaking-                       and because EPA believes it is
                                                    so interested parties may observe the                   committee-chemical-data-reporting-                     important for the federal government to
                                                    meetings and communicate their views                    requirements, as well as in the EPA                    be represented as a singular entity at the
                                                    in the appropriate time and manner, as                  docket supporting this activity.                       table, SBA will not serve on the
                                                    defined in each meeting’s agenda.                                                                              Committee. EPA will coordinate with
                                                    Consistent with the requirements of                     VII. Notice of Intent To Negotiate and
                                                                                                                                                                   SBA through the standard processes that
                                                    FACA, formal meeting materials and                      Response to Public Comments
                                                                                                                                                                   apply to EPA rulemaking. In addition,
                                                    summaries will be available online.                       On December 15, 2016, EPA                            SBA, as well as other federal agencies,
                                                                                                            published a notice of intent to establish              will be invited to attend all Committee
                                                    B. Oral Statements
                                                                                                            a Committee to negotiate a proposed                    meetings as an observer.
                                                      In general, individuals or groups                     rule that would limit chemical data
                                                    requesting an oral presentation at a                    reporting requirements under section                   C. EPA Is Required To Propose and
                                                    public meeting will be limited to five                  8(a) of TSCA, for manufacturers of any                 Finalize a Rule Regardless of the
                                                    minutes. Each person making an oral                     inorganic byproduct chemical                           Outcome of the Negotiated Rulemaking
                                                    statement should consider providing                     substances, when such byproduct                           The commenter believes that the
                                                    written comments as well as their oral                  chemical substances are subsequently                   Lautenberg Act requires EPA to propose
                                                    statement so that the points presented                  recycled, reused, or reprocessed (81 FR                and finalize a rule lessening the
                                                    orally can be expanded upon in writing.                 90843). The notice requested comment                   reporting burdens for inorganic
                                                    Interested parties should submit                        on membership, the interests affected by               byproducts sent for recycling, regardless
                                                    requests by email to ecdrweb@epa.gov                    the rulemaking, the issues the                         of whether consensus is reached by the
                                                    one week prior to the meeting dates, in                 Committee should address, and the                      Committee. As EPA explained in its
                                                    order to be placed on the list of public                procedures it should follow.                           December 15, 2016, Notice, the agency
                                                    speakers.                                                 EPA received 18 comments on the                      construes its obligation to propose and
                                                    C. Written Statements                                   notice of intent, which can all be found               finalize a rule under TSCA section
                                                                                                            in the docket for this Notice. None of                 8(a)(6) as being contingent on the
                                                      Written statements will be accepted                   the comments opposed using regulatory                  Committee reaching a consensus.
                                                    throughout the advisory process;                        negotiation for this rulemaking; most                     EPA’s obligation under TSCA section
                                                    however, for timely consideration,                      endorsed the process and included                      8(a)(6)(B) is to finalize a rule ‘‘resulting
                                                    statements should be supplied by email                  requests to serve on the Committee.                    from such negotiated rulemaking.’’
                                                    to ecdrweb@epa.gov one week prior to                    However, one commenter raised four                     While EPA would have authority to
                                                    the meeting dates. Members of the                                                                              issue an amendment to the CDR for
                                                                                                            substantive issues, which EPA is
                                                    public should be aware that written                                                                            inorganic byproducts even if negotiation
                                                                                                            responding to here.
                                                    comments, including personal contact                                                                           failed to achieve any consensus, such a
                                                    information, if included, may be posted                 A. EPA Should Commit Staff With                        rule would not be a rule resulting from
                                                    to the Committee Web site as well as                    Appropriate Seniority and the Authority                the negotiated rulemaking. Accordingly,
                                                    placed in the EPA docket supporting                     To Negotiate for the Agency                            TSCA section 8(a)(6)(B) presupposes
                                                    this activity. Copyrighted material will                  The commenter encouraged EPA to                      that the negotiated rulemaking process
                                                    not be posted without explicit                          select representatives that are                        reached consensus in directing EPA to
                                                    permission of the copyright holder.                     knowledgeable about the issue and have                 issue a final rule.
                                                    Additionally, EPA will invite public                    the authority to make commitments for                     This reading is consistent with the
                                                    comment on any proposed rule resulting                  the agency. EPA agrees. EPA will have                  structure of TSCA section 8(a)(6) as a
                                                    from the Committee’s deliberations.                     two representatives at the table—one                   whole, requiring a proposed rule within
                                                    VI. Meeting Schedule and Agenda                         technical expert on CDR, and the other                 three years of the Lautenberg Act’s
                                                                                                            an EPA manager with the authority to,                  enactment and a final rule six months
                                                    A. Meeting Schedule                                     in consultation with other EPA officials               later. Under the commenter’s reading, if
                                                      EPA anticipates up to five Committee                  as needed, make commitments for the                    the Negotiated Rulemaking Committee
                                                    meetings will be held between June and                  agency. EPA will also have other                       could not reach any consensus to limit
                                                    October 2017, including the Committee                   technical experts available to answer                  the reporting requirements for inorganic
                                                    meetings that EPA is announcing in this                 questions about other EPA programs, as                 byproducts, EPA would still be required
                                                    Notice. Committee meetings will be one                  recommended by the commenter.                          to come up with its own approach by
                                                    and a half days each, and held in                                                                              June 2019 without the benefit of
                                                                                                            B. Additional Recommendations                          agreement from the interested parties.
                                                    Washington, DC, unless the Committee
                                                                                                            Regarding Committee Participation                      EPA can reasonably assume that such an
                                                    decides otherwise. The Committee will
                                                    separately announce those meetings                        The commenter recommended that                       approach would draw adverse comment
                                                    subsequent to the meetings being                        the Small Business Administration                      from the party or parties that blocked
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    announced in this notice.                               (SBA) Office of Advocacy be                            consensus in the Negotiated Rulemaking
                                                                                                            represented on the Committee. Because                  Committee, and thus the agency would
                                                    B. The First Committee Meeting                          SBA’s Office of Advocacy already has                   only have six months to solicit,
                                                      The first Committee meeting will be                   multiple established processes for                     consider, and respond to those
                                                    held on June 8, 2017, from 9 a.m. to 5                  providing input during rulemaking,                     comments before the statutorily
                                                    p.m. and on June 9, 2017, from 9 a.m.                   such as serving on Small Business                      required deadline. EPA does not believe
                                                    to 3:00 p.m. The second Committee                       Advocacy Review Panels that are                        that Congress intended for this to occur
                                                    meeting will be held on August 16,                      convened under the Regulatory                          because it did not direct the agency to
                                                    2017, from 9 a.m. to 5 p.m. and on                      Flexibility Act, as amended by the                     limit reporting requirements in any


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                                                    25794                           Federal Register / Vol. 82, No. 106 / Monday, June 5, 2017 / Notices

                                                    specific way that would require a                       ENVIRONMENTAL PROTECTION                                  On March 28, 2017, the Utah
                                                    rulemaking regardless of the outcome of                 AGENCY                                                 Department of Environmental Quality
                                                    the negotiated rulemaking. On the                                                                              (UT DEQ) submitted an application
                                                                                                            [9961–58–OEI]
                                                    contrary, Congress specifically directed                                                                       titled ‘‘NPDES e-Reporting Tool’’ for
                                                    that the final rule must result from the                Cross-Media Electronic Reporting:                      revisions/modifications to its EPA-
                                                    negotiated rulemaking, which will                       Authorized Program Revision                            approved programs under title 40 CFR
                                                    likely simplify the comment process                     Approval, State of Utah                                to allow new electronic reporting. EPA
                                                    enough to enable the agency to meet                                                                            reviewed UT DEQ’s request to revise/
                                                    these relatively short deadlines.                       AGENCY: Environmental Protection                       modify its EPA-authorized programs
                                                                                                            Agency (EPA).                                          and, based on this review, EPA
                                                       By establishing the Committee in
                                                                                                            ACTION: Notice.                                        determined that the application met the
                                                    today’s Notice, EPA is fulfilling the
                                                                                                                                                                   standards for approval of authorized
                                                    Lautenberg Act’s requirement to ‘‘enter                 SUMMARY:    This notice announces EPA’s                program revisions/modifications set out
                                                    into a negotiated rulemaking pursuant                   approval of the State of Utah’s request                in 40 CFR part 3, subpart D. In
                                                    to’’ the NRA to develop and publish a                   to revise/modify certain of its EPA-                   accordance with 40 CFR 3.1000(d), this
                                                    proposed rule. 15 U.S.C. 2607(a)(6)(A).                 authorized programs to allow electronic                notice of EPA’s decision to approve
                                                    When viewed under the lens of the                       reporting.                                             Utah’s request to revise/modify its
                                                    statutory structure, any requirement for                DATES: EPA’s approval is effective June                following EPA-authorized programs to
                                                    EPA to actually ‘‘develop and publish’’                 5, 2017.                                               allow electronic reporting under 40 CFR
                                                    a proposed rule must necessarily also                   FOR FURTHER INFORMATION CONTACT:                       parts 122, 125, 403–471, 501, and 503,
                                                    result from consensus being reached by                  Karen Seeh, U.S. Environmental                         is being published in the Federal
                                                    the Committee.                                          Protection Agency, Office of                           Register:
                                                       For these reasons, EPA respectfully                  Environmental Information, Mail Stop                      Part 123—EPA Administered Permit
                                                    disagrees with the commenter. If                        2823T, 1200 Pennsylvania Avenue NW.,                   Programs: The National Pollutant
                                                    consensus cannot be reached, and there                  Washington, DC 20460, (202) 566–1175,                  Discharge Elimination System;
                                                    is no agreement upon which to base a                    seeh.karen@epa.gov.                                       Part 403—General Pretreatment
                                                    proposal, then there is no further                      SUPPLEMENTARY INFORMATION: On                          Regulations for Existing and New
                                                    statutory obligation to issue a proposal                October 13, 2005, the final Cross-Media                Sources of Pollution; and
                                                    or a final rule. However, as noted in the               Electronic Reporting Rule (CROMERR)                       Part 501—State Sludge Management
                                                    December 15, 2016, Notice, EPA                          was published in the Federal Register                  Program Regulations.
                                                                                                                                                                      UT DEQ was notified of EPA’s
                                                    commits to working in good faith to                     (70 FR 59848) and codified as part 3 of
                                                                                                                                                                   determination to approve its application
                                                    seek consensus on a proposal that is                    title 40 of the CFR. CROMERR
                                                                                                                                                                   with respect to the authorized programs
                                                    consistent with the legal mandate of                    establishes electronic reporting as an
                                                                                                                                                                   listed above.
                                                    TSCA.                                                   acceptable regulatory alternative to
                                                                                                            paper reporting and establishes                        Matthew Leopard,
                                                    D. Definition of Consensus Should Not                   requirements to assure that electronic                 Director, Office of Information Management.
                                                    Require Unanimous Concurrence of the                    documents are as legally dependable as                 [FR Doc. 2017–11513 Filed 6–2–17; 8:45 am]
                                                    Committee                                               their paper counterparts. Subpart D of                 BILLING CODE 6560–50–P
                                                      The commenter recommended that                        CROMERR requires that state, tribal or
                                                    the Committee use a definition of                       local government agencies that receive,
                                                    consensus that does not require                         or wish to begin receiving, electronic                 FEDERAL COMMUNICATIONS
                                                    unanimous concurrence among the                         reports under their EPA-authorized                     COMMISSION
                                                                                                            programs must apply to EPA for a
                                                    Committee, citing the potential for one                                                                        [OMB 3060–xxxx and 3060–0029]
                                                                                                            revision or modification of those
                                                    Committee member’s veto to result in no
                                                                                                            programs and obtain EPA approval.
                                                    agreement. The NRA defines consensus                                                                           Information Collections Being
                                                                                                            Subpart D provides standards for such
                                                    as unanimous concurrence, unless the                                                                           Submitted for Review and Approval to
                                                                                                            approvals based on consideration of the
                                                    Committee agrees otherwise. 5 U.S.C.                                                                           the Office of Management and Budget
                                                                                                            electronic document receiving systems
                                                    562. A unanimous concurrence                            that the state, tribe, or local government
                                                    definition is important in ensuring no                                                                         AGENCY: Federal Communications
                                                                                                            will use to implement the electronic                   Commission.
                                                    one interest or group of interests is able              reporting. Additionally, § 3.1000(b)
                                                    to control the process. While EPA                                                                              ACTION: Notice and request for
                                                                                                            through (e) of 40 CFR part 3, subpart D                comments.
                                                    believes that unanimous concurrence is                  provides special procedures for program
                                                    not an unreasonably high bar,                           revisions and modifications to allow                   SUMMARY:   As part of its continuing effort
                                                    particularly with the assistance of a                   electronic reporting, to be used at the                to reduce paperwork burdens, and as
                                                    highly skilled neutral facilitator with                 option of the state, tribe or local                    required by the Paperwork Reduction
                                                    expertise in building consensus, the                    government in place of procedures                      Act (PRA) of 1995, the Federal
                                                    Committee has the power under the                       available under existing program-                      Communications Commission (FCC or
                                                    NRA to agree to another definition of                   specific authorization regulations. An                 the Commission) invites the general
                                                    consensus.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            application submitted under the subpart                public and other Federal agencies to
                                                       Authority: 15 U.S.C. 2601 et seq.                    D procedures must show that the state,                 take this opportunity to comment on the
                                                                                                            tribe or local government has sufficient               following information collection.
                                                      Dated: May 24, 2017.
                                                                                                            legal authority to implement the                       Comments are requested concerning:
                                                    Wendy Cleland-Hamnett,                                  electronic reporting components of the                 Whether the proposed collection of
                                                    Acting Assistant Administrator, Office of               programs covered by the application                    information is necessary for the proper
                                                    Chemical Safety and Pollution Prevention.               and will use electronic document                       performance of the functions of the
                                                    [FR Doc. 2017–11570 Filed 5–31–17; 4:15 pm]             receiving systems that meet the                        Commission, including whether the
                                                    BILLING CODE 6560–50–P                                  applicable subpart D requirements.                     information shall have practical utility;


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Document Created: 2018-11-14 10:01:01
Document Modified: 2018-11-14 10:01:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of establishment of Negotiated Rulemaking Committee and notice of public meetings.
DatesThe first of the Committee meetings, which are both open to the public, will be held on June 8, 2017, from 9 a.m. to 5 p.m. and on June 9, 2017, from 9 a.m. to 3:00 p.m. The second Committee meeting will be held on August 16, 2017, from 9 a.m. to 5 p.m. and on August 17, 2017, from 9 a.m. to 3:00 p.m.
ContactAny member of the public wishing to obtain information concerning the public meetings may contact Jonah Richmond, Designated Federal Officer (DFO), Conflict Prevention and Resolution Center, Office of General Counsel, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 564-0210; email
FR Citation82 FR 25790 

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