82 FR 43964 - Compliance Date Extension; Statutory Requirements for Substantiation of Confidential Business Information (CBI) Claims Under the Toxic Substances Control Act (TSCA)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 181 (September 20, 2017)

Page Range		43964-43965
FR Document		2017-20046

EPA is extending the compliance dates published in the Federal Register on January 19, 2017 and previously extended in the Federal Register on February 21, 2017. Specifically, the Agency set September 19, 2017 as the deadline by which submitters of TSCA submissions containing information claimed as CBI and filed between June 22, 2016 and March 21, 2017 had to submit to EPA the substantiation required by TSCA section 14(c)(3) for all information claimed as confidential, other than information exempt from substantiation pursuant to TSCA section 14(c)(2). The Agency is now giving submitters until October 19, 2017 to provide the substantiations to EPA.

Federal Register, Volume 82 Issue 181 (Wednesday, September 20, 2017)

[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Notices]
[Pages 43964-43965]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20046]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2017-0026; FRL-9968-03]


Compliance Date Extension; Statutory Requirements for 
Substantiation of Confidential Business Information (CBI) Claims Under 
the Toxic Substances Control Act (TSCA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA is extending the compliance dates published in the Federal 
Register on January 19, 2017 and previously extended in the Federal 
Register on February 21, 2017. Specifically, the Agency set September 
19, 2017 as the deadline by which submitters of TSCA submissions 
containing information claimed as CBI and filed between June 22, 2016 
and March 21, 2017 had to submit to EPA the substantiation required by 
TSCA section 14(c)(3) for all information claimed as confidential, 
other than information exempt from substantiation pursuant to TSCA 
section 14(c)(2). The

[[Page 43965]]

Agency is now giving submitters until October 19, 2017 to provide the 
substantiations to EPA.

DATES: For TSCA submissions containing information claimed as CBI that 
was filed between June 22, 2016 and March 21, 2017, submitters have 
until October 19, 2017 to provide the required substantiation.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2017-0026, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Scott Sherlock, Attorney Advisor, Environmental Assistance Division, 
Office of Pollution Prevention and Toxics, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; 
telephone number: (202) 564-8257; email address: 
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    This announcement is directed to the public in general. It may, 
however, be of particular interest to you if you manufacture (defined 
by statute to include import) and/or process chemicals covered by TSCA 
(15 U.S.C. 2601 et seq.). This may include businesses identified by the 
North American Industrial Classification System (NAICS) codes 325 and 
32411. Because this action is directed to the general public and other 
entities may also be interested, the Agency has not attempted to 
describe all the specific entities that may be interested in this 
action. 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.

II. What action is the agency taking?

    EPA is extending the compliance dates published in the Federal 
Register on January 19, 2017, and previously extended in the Federal 
Register on February 21, 2017. Specifically, the Agency is now giving 
those submitters until October 19, 2017, to submit the substantiations 
required by TSCA section 14(c)(3). This extension is in response to 
concerns raised by industry stakeholders regarding the ability for 
companies to meet the previous September 19, 2017, deadline due to 
recent severe weather events. EPA is providing this additional 
flexibility for stakeholders because of the impacts of hurricanes 
Harvey and Irma.
    For more detail on the requirements of TSCA section 14(c)(3) and 
how to comply with those requirements, see the Federal Register on 
January 19, 2017 (82 FR 6522) (FRL-9958-34) and the Federal Register on 
February 21, 2017 (82 FR 11218) (FRL-9959-39).

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

    EPA has determined that TSCA section 14(c)(3), 15 U.S.C. 
2613(c)(3), requires an affected business to substantiate all TSCA CBI 
claims, except for information subject to TSCA section 14(c)(2), at the 
time the affected business submits the claimed information to EPA.
    TSCA section 14(c)(1)(a) requires an affected business to assert a 
claim for protection from disclosure concurrent with submission of the 
information in accordance with existing or future rules. TSCA section 
14(c)(3) in turn requires an affected business submitting a claim to 
protect information from disclosure to substantiate the claim, also in 
accordance with existing or future rules.
    Because EPA published its interpretation that TSCA section 14(c)(3) 
requires up front substantiation after some companies had already 
asserted confidentiality claims subject to TSCA section 14(c)(3), the 
Agency set a future deadline for submission of substantiations 
pertaining to those submissions. This notice extends that deadline.

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

    Dated: September 14, 2017.
Nancy B. Beck,
Deputy Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2017-20046 Filed 9-15-17; 4:15 pm]
 BILLING CODE 6560-50-P

43964 Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices

ENVIRONMENTAL PROTECTION official comment and should include Eligible development and
AGENCY discussion of all points you wish to implementation activities are:
make. The EPA will generally not Development phase activities, including
[EPA–HQ–OW–2017–0518]
consider comments or comment planning, preliminary engineering,
Notice of Intent To Prepare a contents located outside of the primary design, environmental review, revenue
Programmatic Environmental submission (i.e. on the web, cloud, or forecasting, and other pre-construction
Assessment (PEA) for Financing Water other file sharing system). For activities; construction, reconstruction,
and Wastewater Infrastructure Projects additional submission methods, the full rehabilitation, and replacement
Pursuant to the Water Infrastructure EPA public comment policy, activities; acquisition of real property or
Finance and Innovation Act information about CBI or multimedia an interest in real property,
submissions, and general guidance on environmental mitigation, construction
AGENCY: Environmental Protection making effective comments, please visit contingencies, and acquisition of
Agency (EPA). https://www.epa.gov/dockets/ equipment; capitalized interest
ACTION: Initiation of scoping. commenting-epa-dockets. necessary to meet market requirements,
FOR FURTHER INFORMATION CONTACT: reasonably required reserve funds,
SUMMARY: Consistent with the National Alejandro Escobar, Water Infrastructure capital issuance expenses and other
Environmental Policy Act (NEPA), the Division, WIFIA Program, Mail Code: carrying costs during construction.
Council on Environmental Quality’s 4201T, Environmental Protection EPA is currently planning to analyze
NEPA regulations, and EPA’s Agency, 1200 Pennsylvania Avenue two alternatives in the PEA: No Action,
regulations for implementing NEPA, NW., Washington, DC 20460; telephone that is not providing financing; and the
EPA will prepare a Programmatic number: 202–564–9047; email address proposed action, which is providing
Environmental Assessment (PEA) to escobar.alejandro@epa.gov. financing to individual selected
analyze the potential environmental applicants. The PEA will focus its
SUPPLEMENTARY INFORMATION: EPA is
impacts related to providing individual analysis on the potential environmental
seeking public comment to determine
long-term, low-cost supplemental loans impacts of both alternatives. Subject
the scope of projects, environmental
or loan guarantees for regionally and areas to be addressed include, but are
issues and reasonable alternatives to be
nationally significant eligible water and not limited to: Public health, water
addressed in the PEA on providing
wastewater infrastructure projects under quality and quantity (surface and
loans or loan guarantees for water and
the Water Infrastructure Finance and groundwater), historic properties, and
wastewater infrastructure projects under
Innovation Act (WIFIA) Program. EPA threatened and endangered species.
the Water Infrastructure Finance and
will use the information in the PEA to
Innovation Act (WIFIA) Program. Dated: September 14, 2017.
determine whether to prepare an The Water Infrastructure Finance and Kelly Knight,
Environmental Impact Statement (EIS). Innovation Act of 2014 (WIFIA)
Future proposed actions under WIFIA Director, NEPA Compliance Division, Office
established the WIFIA program, a of Federal Activities.
that have potential impacts not federal credit program administered by
sufficiently addressed by this PEA may [FR Doc. 2017–19956 Filed 9–19–17; 8:45 am]
EPA for eligible water and wastewater
require consideration in a separate infrastructure projects. WIFIA and the
BILLING CODE 6560–50–P

NEPA document. WIFIA implementation rule (see 81 FR
This notice initiates the scoping 91822) outline the eligibility and other
process by inviting comments from ENVIRONMENTAL PROTECTION
requirements for prospective borrowers. AGENCY
Federal, State, and local agencies, Eligible borrowers are: Local, State,
Indian tribes, and the public to help Tribal, and Federal government entities; [EPA–HQ–OPPT–2017–0026; FRL–9968–03]
identify the environmental issues and partnerships and joint ventures;
reasonable alternatives to be examined Compliance Date Extension; Statutory
corporations and trusts; and Clean Requirements for Substantiation of
in the PEA. The scoping process will Water and Drinking Water State
inform the preparation and issuance of Confidential Business Information
Revolving Fund (SRF) programs. (CBI) Claims Under the Toxic
the PEA, which will be made available The WIFIA program can finance
for public comment. Substances Control Act (TSCA)
development and implementation
DATES: Comments must be received on activities for the following eligible AGENCY: Environmental Protection
or before October 20th, 2017. projects: Wastewater conveyance and Agency (EPA).
ADDRESSES: Submit your comments, treatment projects that are eligible for ACTION: Notice.
identified by Docket ID No. EPA–HQ– the Clean Water SRF; drinking water
OW–2017–0518 to the Federal treatment and distribution projects that SUMMARY: EPA is extending the
eRulemaking Portal: https:// are eligible for the Drinking Water SRF; compliance dates published in the
www.regulations.gov/. Please follow the enhanced energy efficiency projects at Federal Register on January 19, 2017
online instructions for submitting drinking water and wastewater and previously extended in the Federal
comments. Once submitted, comments facilities; brackish or seawater Register on February 21, 2017.
cannot be edited or withdrawn. The desalination, aquifer recharge, Specifically, the Agency set September
EPA may publish public comments alternative water supply, and water 19, 2017 as the deadline by which
received to its public docket. Do not recycling projects; drought prevention, submitters of TSCA submissions
submit electronically any information reduction, or mitigation projects; containing information claimed as CBI
sradovich on DSKBBY8HB2PROD with NOTICES

you consider to be Confidential acquisition of property if it is integral to and filed between June 22, 2016 and
Business Information (CBI) or other the project or will mitigate the March 21, 2017 had to submit to EPA
information whose disclosure is environmental impact of a project; and the substantiation required by TSCA
restricted by statute. Multimedia a combination of projects secured by a section 14(c)(3) for all information
submissions (audio, video, etc.) must be common security pledge or submitted claimed as confidential, other than
accompanied by a written comment. under one application by an SRF information exempt from substantiation
The written comment is considered the program. pursuant to TSCA section 14(c)(2). The

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Federal Register / Vol. 82, No. 181 / Wednesday, September 20, 2017 / Notices 43965

Agency is now giving submitters until II. What action is the agency taking? FEDERAL DEPOSIT INSURANCE
October 19, 2017 to provide the CORPORATION
substantiations to EPA. EPA is extending the compliance
DATES: For TSCA submissions dates published in the Federal Register Notice to All Interested Parties of the
containing information claimed as CBI on January 19, 2017, and previously Termination of the Receivership of
that was filed between June 22, 2016 extended in the Federal Register on 10209—Beach First National Bank,
and March 21, 2017, submitters have February 21, 2017. Specifically, the Myrtle Beach, South Carolina
until October 19, 2017 to provide the Agency is now giving those submitters
required substantiation. until October 19, 2017, to submit the Notice is hereby given that the Federal
substantiations required by TSCA Deposit Insurance Corporation (FDIC) as
ADDRESSES: The docket for this action,
section 14(c)(3). This extension is in Receiver for Beach First National Bank,
identified by docket identification (ID)
response to concerns raised by industry Myrtle Beach, South Carolina (‘‘the
number EPA–HQ–OPPT–2017–0026, is
Receiver’’) intends to terminate its
available at http://www.regulations.gov stakeholders regarding the ability for
receivership for said institution. The
or at the Office of Pollution Prevention companies to meet the previous
FDIC was appointed Receiver of Beach
and Toxics Docket (OPPT Docket), September 19, 2017, deadline due to First National Bank on April 9, 2010.
Environmental Protection Agency recent severe weather events. EPA is The liquidation of the receivership
Docket Center (EPA/DC), West William providing this additional flexibility for
Jefferson Clinton Bldg., Rm. 3334, 1301 assets has been completed. To the extent
stakeholders because of the impacts of permitted by available funds and in
Constitution Ave. NW., Washington, hurricanes Harvey and Irma.
DC. The Public Reading Room is open accordance with law, the Receiver will
from 8:30 a.m. to 4:30 p.m., Monday For more detail on the requirements be making a final dividend payment to
through Friday, excluding legal of TSCA section 14(c)(3) and how to proven creditors.
holidays. The telephone number for the comply with those requirements, see the Based upon the foregoing, the
Public Reading Room is (202) 566–1744, Federal Register on January 19, 2017 Receiver has determined that the
and the telephone number for the OPPT (82 FR 6522) (FRL–9958–34) and the continued existence of the receivership
Docket is (202) 566–0280. Please review Federal Register on February 21, 2017 will serve no useful purpose.
the visitor instructions and additional (82 FR 11218) (FRL–9959–39). Consequently, notice is given that the
information about the docket available receivership shall be terminated, to be
III. What is the agency’s authority for effective no sooner than thirty days after
at http://www.epa.gov/dockets.
taking this action? the date of this notice. If any person
FOR FURTHER INFORMATION CONTACT: For
technical information contact: Scott wishes to comment concerning the
EPA has determined that TSCA
Sherlock, Attorney Advisor, termination of the receivership, such
section 14(c)(3), 15 U.S.C. 2613(c)(3),
Environmental Assistance Division, comment must be made in writing and
requires an affected business to sent within thirty days of the date of
Office of Pollution Prevention and substantiate all TSCA CBI claims,
Toxics, Environmental Protection this notice to: Federal Deposit Insurance
except for information subject to TSCA Corporation, Division of Resolutions
Agency, 1200 Pennsylvania Ave. NW., section 14(c)(2), at the time the affected
Washington, DC 20460–0001; telephone and Receiverships, Attention:
business submits the claimed Receivership Oversight Department
number: (202) 564–8257; email address: information to EPA.
sherlock.scott@epa.gov. 34.6, 1601 Bryan Street, Dallas, TX
For general information contact: The TSCA section 14(c)(1)(a) requires an 75201.
TSCA-Hotline, ABVI-Goodwill, 422 affected business to assert a claim for No comments concerning the
South Clinton Ave., Rochester, NY protection from disclosure concurrent termination of this receivership will be
14620; telephone number: (202) 554– with submission of the information in considered which are not sent within
1404; email address: TSCA-Hotline@ accordance with existing or future rules. this time frame.
epa.gov. TSCA section 14(c)(3) in turn requires Federal Deposit Insurance Corporation.
SUPPLEMENTARY INFORMATION: an affected business submitting a claim Dated: September 15, 2017.
to protect information from disclosure Robert E. Feldman,
I. Does this action apply to me? to substantiate the claim, also in Executive Secretary.
This announcement is directed to the accordance with existing or future rules. [FR Doc. 2017–20002 Filed 9–19–17; 8:45 am]
public in general. It may, however, be of Because EPA published its BILLING CODE 6714–01–P
particular interest to you if you interpretation that TSCA section
manufacture (defined by statute to 14(c)(3) requires up front substantiation
include import) and/or process
after some companies had already
chemicals covered by TSCA (15 U.S.C. FEDERAL ELECTION COMMISSION
asserted confidentiality claims subject
2601 et seq.). This may include
businesses identified by the North to TSCA section 14(c)(3), the Agency set
a future deadline for submission of Sunshine Act Meetings
American Industrial Classification
System (NAICS) codes 325 and 32411. substantiations pertaining to those
FEDERAL REGISTER CITATION OF PREVIOUS
Because this action is directed to the submissions. This notice extends that
ANNOUNCEMENT: 82 FR 42682.
general public and other entities may deadline.
PREVIOUSLY ANNOUNCED TIME AND DATE OF
also be interested, the Agency has not
sradovich on DSKBBY8HB2PROD with NOTICES

Authority: 15 U.S.C. 2601 et seq.
THE MEETING: Thursday, September 14,
attempted to describe all the specific Dated: September 14, 2017. 2017 AT 11:15 a.m.
entities that may be interested in this
action. If you have any questions Nancy B. Beck, CHANGES IN THE MEETING: The meeting
regarding the applicability of this action Deputy Assistant Administrator, Office of took place at 1:15 p.m.
to a particular entity, consult the Chemical Safety and Pollution Prevention. The Following Item Was Also
technical person listed under FOR [FR Doc. 2017–20046 Filed 9–15–17; 4:15 pm] Discussed: REG 2011–02 (Internet
FURTHER INFORMATION CONTACT. BILLING CODE 6560–50–P Communication Disclaimers).

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Document Created: 2018-10-24 14:23:54
Document Modified: 2018-10-24 14:23:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		For TSCA submissions containing information claimed as CBI that was filed between June 22, 2016 and March 21, 2017, submitters have until October 19, 2017 to provide the required substantiation.
Contact		For technical information contact: Scott Sherlock, Attorney Advisor, Environmental Assistance Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001;
FR Citation		82 FR 43964