83_FR_11800 83 FR 11748 - Draft Guidance on Expanded Access to TSCA Confidential Business Information; Notice of Availability and Comment Request

83 FR 11748 - Draft Guidance on Expanded Access to TSCA Confidential Business Information; Notice of Availability and Comment Request

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 52 (March 16, 2018)

Page Range11748-11750
FR Document2018-05402

The amendments to the Toxic Substances Control Act in June 2016 expand the categories of people to whom EPA may disclose TSCA confidential business information (CBI) by specifically authorizing EPA to disclose TSCA CBI to state, tribal, and local governments; environmental, health, and medical professionals; and emergency responders, under certain conditions, including consistency with guidance that EPA is required to develop. This document announces the availability of and solicits comments on three draft guidance documents that address this requirement. These documents are available in the docket for public review and comment.

Federal Register, Volume 83 Issue 52 (Friday, March 16, 2018)
[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11748-11750]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05402]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2017-0652; FRL-9974-82]
RIN 2070-ZA19


Draft Guidance on Expanded Access to TSCA Confidential Business 
Information; Notice of Availability and Comment Request

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The amendments to the Toxic Substances Control Act in June 
2016 expand the categories of people to whom EPA may disclose TSCA 
confidential business information (CBI) by specifically authorizing EPA 
to disclose TSCA CBI to state, tribal, and local governments; 
environmental, health, and medical professionals; and emergency 
responders, under certain conditions, including consistency with 
guidance that EPA is required to develop. This document announces the 
availability of and solicits comments on three draft guidance documents 
that address this requirement. These documents are available in the 
docket for public review and comment.

DATES: Comments must be received on or before April 16, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2017-0652, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Jessica Barkas, Environmental 
Assistance Division, Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 250-8880; email address: 
barkas.jessica@epa.gov.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: TSCA-Hotline@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. What action is EPA taking?

    As directed by TSCA, EPA has developed draft guidance for each of 
three new expanded TSCA CBI access provisions. The guidance documents 
cover the content and form of the agreements and statements of need 
required under each provision, and include some basic logistical 
information on where and how to submit requests to EPA. EPA invites 
comment from prospective guidance users and other stakeholders 
concerning these draft guidance documents.

[[Page 11749]]

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

    TSCA section 14(c)(4)(B) requires that EPA develop guidance 
concerning the ``content and form of the statements of need and 
agreements required'' under TSCA section 14(d)(4), (5), and (6). 15 
U.S.C. 2613.

C. Does this action apply to me?

    You may be potentially affected by this action if you are a state, 
tribal, or local government, or are employed by a government (federal, 
state, local, or tribal) or in the private sector and your duties 
concern: Chemical regulation; chemical-related law enforcement; 
diagnosing or treating chemical exposures; and/or chemical spill, 
incident, accident, or emergency response, including injury to humans 
or the environment. You may also be affected by this action if you have 
or may in the future submit information to EPA that you claim qualifies 
as TSCA CBI.

D. What are the potential incremental economic impacts of taking this 
action?

    The potential incremental economic impacts that are associated with 
the information collection activities contained in the guidance 
documents are enumerated in the Information Collection Request (ICR) 
entitled ``Guidance on Expanded Access to TSCA Confidential Business 
Information'' (EPA ICR No. 2570.01 and OMB Control No. 2070-(new)), 
which published in the Federal Register on March 12, 2018 (83 FR 10719) 
(FRL-9975-24). The annual public reporting and recordkeeping burden for 
this collection of information is estimated to average 14.8 hours and 
cost about $868 per response.

E. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI to EPA through regulations.gov 
or email. Clearly mark the part or all of the information that you 
claim to be CBI. For CBI in a disk or CD-ROM that you mail to EPA, mark 
the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

    Enacted on June 22, 2016, the Frank R. Lautenberg Chemical Safety 
for the 21st Century Act (Pub. L. 114-182), changed and expanded many 
parts of TSCA (15 U.S.C. 2601 et seq.). Among these changes, amended 
TSCA section 14(d) expands the categories of people who may now access 
TSCA CBI. TSCA CBI is information submitted to EPA under TSCA, for 
which a business has made a claim of business confidentiality which has 
not been withdrawn by the business, expired, or denied by EPA. There 
are three new provisions expanding access to CBI, each under certain 
conditions:
     Under TSCA section 14(d)(4), 15 U.S.C. 2613(d)(4), EPA may 
disclose CBI to state, tribal, and local governments;
     Under TSCA section 14(d)(5), 15 U.S.C. 2613(d)(5), EPA 
may, in non-emergency situations, disclose CBI to a health or 
environmental professional employed by a Federal or state agency or 
tribal government, or to a treating physician or nurse; and
     Under TSCA section 14(d)(6), 15 U.S.C. 2613(d)(6), EPA may 
in the event of an emergency disclose CBI to a treating or responding 
physician, nurse, agent of a poison control center, public health or 
environmental official of a state, political subdivision of a state, or 
tribal government, or to a first responder (including any individual 
duly authorized by a Federal agency, state, political subdivision of a 
state, or tribal government who is trained in urgent medical care or 
other emergency procedures, including a police officer, firefighter, or 
emergency medical technician).
    The conditions for access vary under each of the new provisions, 
but generally include the following;
     The requester must show that he or she has a need for the 
information related to their employment, professional, or legal duties;
     The recipient of TSCA CBI is prohibited from disclosing or 
permitting further disclosure of the information to individuals not 
authorized to receive it (physicians/nurses may disclose the 
information to their patient); and
     EPA generally must notify the entity that made the CBI 
claim at least 15 days prior to disclosing the CBI. There is an 
exception for disclosures in emergency situations, which require that 
EPA make the notification as soon as practicable (see TSCA section 
14(g)(2)(C)(ii)).
    In addition, under these new provisions, requesters are generally 
required to sign an agreement and may be required to submit a statement 
of need to EPA. Emergency requestors only need to sign an agreement and 
submit a statement of need if the entity who made the claim so 
requests, following the notification required under TSCA section 
14(g)(2)(C)(ii).

III. Draft Documents for Public Review

Draft Implementing Guidance

    The Agency developed three separate draft guidance documents 
corresponding to each of the new authorities in TSCA section 14(d)(4), 
(5), and (6). The conditions for access vary under each of the new 
provisions, but generally include the following: Requesters must show 
that they have a need for the information related to their employment, 
professional, or legal duties; recipients of TSCA CBI are prohibited 
from disclosing or permitting further disclosure of the information to 
individuals not authorized to receive it (physicians/nurses may 
disclose the information to their patient); and except in emergency 
situations EPA must notify the entity that made the CBI claim at least 
15 days prior to disclosing the CBI. In addition, under these new 
provisions, requesters (except in some emergency situations) are 
required to sign an agreement and may be required to submit a statement 
of need to EPA. In accordance with the requirements of TSCA section 
14(c)(4)(B), each guidance document covers the content and form of the 
agreements and statements required under each provision and include 
information on where and how to submit requests to EPA.

IV. Statutory and Executive Order Reviews

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

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

    OMB has determined that these draft guidance documents qualified as 
significant under Executive Order 12866 (58 FR 51735, October 4, 1993). 
As such, the draft documents were submitted to OMB for review under 
Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). Any 
changes to the documents that were made in response to OMB 
recommendations have been

[[Page 11750]]

documented in the docket for this action as required by section 
6(a)(3)(E) of Executive Order 12866.

B. Paperwork Reduction Act (PRA)

    In the Federal Register on March 12, 2018 (83 FR 10719) (FRL-9975-
24), EPA announced the availability of and solicited comment on the 
draft ICR entitled ``Guidance on Expanded Access to TSCA Confidential 
Business Information'' (EPA ICR No. 2570.01 and OMB Control No. 2070-
(new)). The ICR identifies the information collection activities 
contained in the draft guidance and provides EPA's estimates for the 
related burden and costs. The ICR, after addressing comments received, 
will be submitted to OMB for review and approval under the PRA, 44 
U.S.C. 3501 et seq.

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA, 5 U.S.C. 601 et seq. The RFA 
applies only to rules subject to notice and comment rulemaking 
requirements under the Administrative Procedure Act (APA), 5 U.S.C. 
553, or any other statute. This action is not subject to the APA but is 
subject to TSCA, which does not require notice and comment rulemaking 
to take this action.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. As such, the 
requirements of UMRA sections 202, 203, 204, or 205, 2 U.S.C. 1531-
1538, do not apply to this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the national government and the States, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999).

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

    This action does not have tribal implications because it will not 
have any effect on tribal governments, on the relationship between the 
Federal government and the Indian tribes, or on the distribution of 
power and responsibilities between the Federal government and Indian 
tribes, as specified in Executive Order 13175 (65 FR 67249, November 9, 
2000).

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997), 
as applying only to those regulatory actions that concern environmental 
health or safety risks that EPA has reason to believe may 
disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of Executive Order 13045. This 
action is not subject to Executive Order 13045 because it does not 
establish an environmental standard intended to mitigate environmental 
health risks or safety risks.

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

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not 
likely to have a significant adverse effect on energy supply, 
distribution, or use. This action is proposing service fees for TSCA, 
which will not have a significant effect on the supply, distribution or 
use of energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    Since this action does not involve any technical standards, NTTAA 
section 12(d) (15 U.S.C. 272 note) does not apply to this action.

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

    EPA believes that this action does not have disproportionately high 
and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
This action does not affect the level of protection provided to human 
health or the environment.

    Authority:  15 U.S.C. 2613(c).

    Dated: March 12, 2018,
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical 
Safety and Pollution Prevention.
[FR Doc. 2018-05402 Filed 3-15-18; 8:45 am]
 BILLING CODE 6560-50-P



                                               11748                           Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices

                                                  ICR numbers: EPA ICR No. 1425.05,                      Estimated total average number of                   address this requirement. These
                                               OMB Control No. 2050–0077.                              responses for each respondent: 1.                     documents are available in the docket
                                                  ICR status: This ICR is currently                      Estimated total annual burden hours:                for public review and comment.
                                               scheduled to expire on June 30, 2018.                   270 hours.
                                                                                                         Estimated total annual costs: $7,493                DATES: Comments must be received on
                                               An Agency may not conduct or sponsor,                                                                         or before April 16, 2018.
                                               and a person is not required to respond                 This includes an estimated burden cost
                                               to, a collection of information, unless it              of $18.50/hour and there are no capital               ADDRESSES:   Submit your comments,
                                               displays a currently valid OMB control                  investment or maintenance and                         identified by docket identification (ID)
                                               number. The OMB control numbers for                     operational costs.                                    number EPA–HQ–OPPT–2017–0652, by
                                               EPA’s regulations in title 40 of the CFR,                                                                     one of the following methods:
                                                                                                       Are there changes in the estimates from
                                               after appearing in the Federal Register                 the last approval?                                      • Federal eRulemaking Portal: http://
                                               when approved, are listed in 40 CFR                                                                           www.regulations.gov. Follow the online
                                               part 9, are displayed either by                           At this time, the Agency does not                   instructions for submitting comments.
                                               publication in the Federal Register or                  anticipate any substantial changes.                   Do not submit electronically any
                                               by other appropriate means, such as on                  What is the next step in the process for              information you consider to be
                                               the related collection instrument or                    this ICR?                                             Confidential Business Information (CBI)
                                               form, if applicable. The display of OMB                                                                       or other information whose disclosure is
                                               control numbers in certain EPA                            EPA will consider the comments
                                                                                                       received and amend the ICR as                         restricted by statute.
                                               regulations is consolidated in 40 CFR                                                                           • Mail: Document Control Office
                                               part 9.                                                 appropriate. The final ICR package will
                                                                                                       then be submitted to OMB for review                   (7407M), Office of Pollution Prevention
                                                  Abstract: The Agency requires                                                                              and Toxics (OPPT), Environmental
                                                                                                       and approval pursuant to 5 CFR
                                               applicants for reimbursement under this                                                                       Protection Agency, 1200 Pennsylvania
                                                                                                       1320.12. At that time, EPA will issue
                                               program authorized under Section 123                                                                          Ave. NW, Washington, DC 20460–0001.
                                                                                                       another Federal Register notice
                                               of CERCLA to submit an application
                                               that demonstrates consistency with
                                                                                                       pursuant to 5 CFR 1320.5(a)(1)(iv) to                   • Hand Delivery: To make special
                                                                                                       announce the submission of the ICR to                 arrangements for hand delivery or
                                               program eligibility requirements. This is
                                                                                                       OMB and the opportunity to submit                     delivery of boxed information, please
                                               necessary to ensure proper use of the
                                                                                                       additional comments to OMB. If you                    follow the instructions at http://
                                               Superfund. EPA reviews the
                                                                                                       have any questions about this ICR or the              www.epa.gov/dockets/contacts.html.
                                               information to ensure compliance with
                                                                                                       approval process, please contact the                    Additional instructions on
                                               all statutory and program requirements.
                                                                                                       technical person listed under FOR                     commenting or visiting the docket,
                                               The applicants are local governments
                                                                                                       FURTHER INFORMATION CONTACT.                          along with more information about
                                               who have incurred expenses, above and
                                               beyond their budgets, for hazardous                       Dated: March 6, 2018.                               dockets generally, is available at http://
                                               substance response. Submission of this                  Reggie Cheatham,                                      www.epa.gov/dockets.
                                               information is voluntary and to the                     Director, Office of Emergency Management.             FOR FURTHER INFORMATION CONTACT:
                                               applicant’s benefit.                                    [FR Doc. 2018–05405 Filed 3–15–18; 8:45 am]
                                                                                                                                                                For technical information contact:
                                                  Burden Statement: The annual public                  BILLING CODE 6560–50–P
                                                                                                                                                             Jessica Barkas, Environmental
                                               reporting and recordkeeping burden for
                                                                                                                                                             Assistance Division, Office of Pollution
                                               this collection of information is
                                                                                                                                                             Prevention and Toxics, Environmental
                                               estimated to average 9 hours per                        ENVIRONMENTAL PROTECTION
                                                                                                                                                             Protection Agency, 1200 Pennsylvania
                                               response. Burden means the total time,                  AGENCY
                                                                                                                                                             Ave. NW, Washington, DC 20460–0001;
                                               effort, or financial resources expended
                                                                                                       [EPA–HQ–OPPT–2017–0652; FRL–9974–82]                  telephone number: (202) 250–8880;
                                               by persons to generate, maintain, retain,
                                                                                                                                                             email address: barkas.jessica@epa.gov.
                                               or disclose or provide information to or                RIN 2070–ZA19
                                               for a Federal agency. This includes the                                                                          For general information contact: The
                                               time needed to review instructions;                     Draft Guidance on Expanded Access                     TSCA-Hotline, ABVI-Goodwill, 422
                                               develop, acquire, install, and utilize                  to TSCA Confidential Business                         South Clinton Ave., Rochester, NY
                                               technology and systems for the purposes                 Information; Notice of Availability and               14620; telephone number: (202) 554–
                                               of collecting, validating, and verifying                Comment Request                                       1404; email address: TSCA-Hotline@
                                               information, processing and                                                                                   epa.gov.
                                                                                                       AGENCY: Environmental Protection
                                               maintaining information, and disclosing                 Agency (EPA).                                         SUPPLEMENTARY INFORMATION:
                                               and providing information; adjust the                   ACTION: Notice.
                                               existing ways to comply with any                                                                              I. Executive Summary
                                               previously applicable instructions and                  SUMMARY:   The amendments to the Toxic                A. What action is EPA taking?
                                               requirements which have subsequently                    Substances Control Act in June 2016
                                               changed; train personnel to be able to                  expand the categories of people to                      As directed by TSCA, EPA has
                                               respond to a collection of information;                 whom EPA may disclose TSCA                            developed draft guidance for each of
                                               search data sources; complete and                       confidential business information (CBI)               three new expanded TSCA CBI access
                                               review the collection of information;                   by specifically authorizing EPA to                    provisions. The guidance documents
                                               and transmit or otherwise disclose the                  disclose TSCA CBI to state, tribal, and               cover the content and form of the
                                               information.                                            local governments; environmental,                     agreements and statements of need
daltland on DSKBBV9HB2PROD with NOTICES




                                                  The ICR provides a detailed                          health, and medical professionals; and                required under each provision, and
                                               explanation of the Agency’s estimate,                   emergency responders, under certain                   include some basic logistical
                                               which is only briefly summarized here:                  conditions, including consistency with                information on where and how to
                                                  Estimated total number of potential                  guidance that EPA is required to                      submit requests to EPA. EPA invites
                                               respondents: 30.                                        develop. This document announces the                  comment from prospective guidance
                                                  Frequency of response: voluntary, on                 availability of and solicits comments on              users and other stakeholders concerning
                                               occasion.                                               three draft guidance documents that                   these draft guidance documents.


                                          VerDate Sep<11>2014   21:54 Mar 15, 2018   Jkt 244001   PO 00000   Frm 00080   Fmt 4703   Sfmt 4703   E:\FR\FM\16MRN1.SGM   16MRN1


                                                                               Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices                                           11749

                                               B. What is the agency’s authority for                     2. Tips for preparing your comments.                as practicable (see TSCA section
                                               taking this action?                                     When preparing and submitting your                    14(g)(2)(C)(ii)).
                                                  TSCA section 14(c)(4)(B) requires that               comments, see the commenting tips at                     In addition, under these new
                                               EPA develop guidance concerning the                     http://www.epa.gov/dockets/                           provisions, requesters are generally
                                               ‘‘content and form of the statements of                 comments.html.                                        required to sign an agreement and may
                                               need and agreements required’’ under                                                                          be required to submit a statement of
                                                                                                       II. Background
                                               TSCA section 14(d)(4), (5), and (6). 15                                                                       need to EPA. Emergency requestors only
                                                                                                          Enacted on June 22, 2016, the Frank                need to sign an agreement and submit
                                               U.S.C. 2613.
                                                                                                       R. Lautenberg Chemical Safety for the                 a statement of need if the entity who
                                               C. Does this action apply to me?                        21st Century Act (Pub. L. 114–182),                   made the claim so requests, following
                                                  You may be potentially affected by                   changed and expanded many parts of                    the notification required under TSCA
                                               this action if you are a state, tribal, or              TSCA (15 U.S.C. 2601 et seq.). Among                  section 14(g)(2)(C)(ii).
                                               local government, or are employed by a                  these changes, amended TSCA section
                                                                                                       14(d) expands the categories of people                III. Draft Documents for Public Review
                                               government (federal, state, local, or
                                               tribal) or in the private sector and your               who may now access TSCA CBI. TSCA                     Draft Implementing Guidance
                                               duties concern: Chemical regulation;                    CBI is information submitted to EPA
                                                                                                                                                               The Agency developed three separate
                                               chemical-related law enforcement;                       under TSCA, for which a business has
                                                                                                                                                             draft guidance documents
                                               diagnosing or treating chemical                         made a claim of business confidentiality
                                                                                                                                                             corresponding to each of the new
                                               exposures; and/or chemical spill,                       which has not been withdrawn by the
                                                                                                                                                             authorities in TSCA section 14(d)(4), (5),
                                               incident, accident, or emergency                        business, expired, or denied by EPA.
                                                                                                                                                             and (6). The conditions for access vary
                                               response, including injury to humans or                 There are three new provisions
                                                                                                                                                             under each of the new provisions, but
                                               the environment. You may also be                        expanding access to CBI, each under
                                                                                                                                                             generally include the following:
                                               affected by this action if you have or                  certain conditions:
                                                                                                                                                             Requesters must show that they have a
                                               may in the future submit information to                    • Under TSCA section 14(d)(4), 15                  need for the information related to their
                                               EPA that you claim qualifies as TSCA                    U.S.C. 2613(d)(4), EPA may disclose CBI               employment, professional, or legal
                                               CBI.                                                    to state, tribal, and local governments;              duties; recipients of TSCA CBI are
                                                                                                          • Under TSCA section 14(d)(5), 15                  prohibited from disclosing or permitting
                                               D. What are the potential incremental                   U.S.C. 2613(d)(5), EPA may, in non-                   further disclosure of the information to
                                               economic impacts of taking this action?                 emergency situations, disclose CBI to a               individuals not authorized to receive it
                                                  The potential incremental economic                   health or environmental professional                  (physicians/nurses may disclose the
                                               impacts that are associated with the                    employed by a Federal or state agency                 information to their patient); and except
                                               information collection activities                       or tribal government, or to a treating                in emergency situations EPA must
                                               contained in the guidance documents                     physician or nurse; and                               notify the entity that made the CBI
                                               are enumerated in the Information                          • Under TSCA section 14(d)(6), 15                  claim at least 15 days prior to disclosing
                                               Collection Request (ICR) entitled                       U.S.C. 2613(d)(6), EPA may in the event               the CBI. In addition, under these new
                                               ‘‘Guidance on Expanded Access to                        of an emergency disclose CBI to a                     provisions, requesters (except in some
                                               TSCA Confidential Business                              treating or responding physician, nurse,              emergency situations) are required to
                                               Information’’ (EPA ICR No. 2570.01 and                  agent of a poison control center, public              sign an agreement and may be required
                                               OMB Control No. 2070-(new)), which                      health or environmental official of a                 to submit a statement of need to EPA.
                                               published in the Federal Register on                    state, political subdivision of a state, or           In accordance with the requirements of
                                               March 12, 2018 (83 FR 10719) (FRL–                      tribal government, or to a first responder            TSCA section 14(c)(4)(B), each guidance
                                               9975–24). The annual public reporting                   (including any individual duly                        document covers the content and form
                                               and recordkeeping burden for this                       authorized by a Federal agency, state,                of the agreements and statements
                                               collection of information is estimated to               political subdivision of a state, or tribal           required under each provision and
                                               average 14.8 hours and cost about $868                  government who is trained in urgent                   include information on where and how
                                               per response.                                           medical care or other emergency                       to submit requests to EPA.
                                                                                                       procedures, including a police officer,
                                               E. What should I consider as I prepare                  firefighter, or emergency medical                     IV. Statutory and Executive Order
                                               my comments for EPA?                                    technician).                                          Reviews
                                                  1. Submitting CBI. Do not submit CBI                    The conditions for access vary under                 Additional information about these
                                               to EPA through regulations.gov or email.                each of the new provisions, but                       statutes and Executive Orders can be
                                               Clearly mark the part or all of the                     generally include the following;                      found at https://www.epa.gov/laws-
                                               information that you claim to be CBI.                      • The requester must show that he or               regulations/laws-and-executive-orders.
                                               For CBI in a disk or CD–ROM that you                    she has a need for the information
                                               mail to EPA, mark the outside of the                    related to their employment,                          A. Executive Order 12866: Regulatory
                                               disk or CD–ROM as CBI and then                          professional, or legal duties;                        Planning and Review and Executive
                                               identify electronically within the disk or                 • The recipient of TSCA CBI is                     Order 13563: Improving Regulation and
                                               CD–ROM the specific information that                    prohibited from disclosing or permitting              Regulatory Review
                                               is claimed as CBI. In addition to one                   further disclosure of the information to                OMB has determined that these draft
                                               complete version of the comment that                    individuals not authorized to receive it              guidance documents qualified as
                                               includes information claimed as CBI, a                  (physicians/nurses may disclose the                   significant under Executive Order 12866
daltland on DSKBBV9HB2PROD with NOTICES




                                               copy of the comment that does not                       information to their patient); and                    (58 FR 51735, October 4, 1993). As such,
                                               contain the information claimed as CBI                     • EPA generally must notify the                    the draft documents were submitted to
                                               must be submitted for inclusion in the                  entity that made the CBI claim at least               OMB for review under Executive Orders
                                               public docket. Information so marked                    15 days prior to disclosing the CBI.                  12866 and 13563 (76 FR 3821, January
                                               will not be disclosed except in                         There is an exception for disclosures in              21, 2011). Any changes to the
                                               accordance with procedures set forth in                 emergency situations, which require                   documents that were made in response
                                               40 CFR part 2.                                          that EPA make the notification as soon                to OMB recommendations have been


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                                               11750                           Federal Register / Vol. 83, No. 52 / Friday, March 16, 2018 / Notices

                                               documented in the docket for this action                specified in Executive Order 13175 (65                ENVIRONMENTAL PROTECTION
                                               as required by section 6(a)(3)(E) of                    FR 67249, November 9, 2000).                          AGENCY
                                               Executive Order 12866.
                                                                                                       G. Executive Order 13045: Protection of               [EPA–R09–SFUND–2018–08; FRL–9975–
                                               B. Paperwork Reduction Act (PRA)                        Children From Environmental Health                    49—Region 9]
                                                                                                       Risks and Safety Risks
                                                 In the Federal Register on March 12,                                                                        Anaconda Copper Mine, Yerington, NV:
                                               2018 (83 FR 10719) (FRL–9975–24),                          EPA interprets Executive Order 13045               Proposed Settlement Agreement and
                                               EPA announced the availability of and                   (62 FR 19885, April 23, 1997), as                     Order on Consent
                                               solicited comment on the draft ICR                      applying only to those regulatory
                                               entitled ‘‘Guidance on Expanded Access                                                                        AGENCY:  Environmental Protection
                                                                                                       actions that concern environmental
                                               to TSCA Confidential Business                                                                                 Agency (EPA).
                                                                                                       health or safety risks that EPA has
                                               Information’’ (EPA ICR No. 2570.01 and                  reason to believe may                                 ACTION: Notice of proposed settlement;
                                               OMB Control No. 2070–(new)). The ICR                    disproportionately affect children, per               request for public comment.
                                               identifies the information collection                   the definition of ‘‘covered regulatory
                                               activities contained in the draft                                                                             SUMMARY:   This notice announces the
                                                                                                       action’’ in section 2–202 of Executive                availability for review and comment of
                                               guidance and provides EPA’s estimates                   Order 13045. This action is not subject
                                               for the related burden and costs. The                                                                         an administrative Settlement Agreement
                                                                                                       to Executive Order 13045 because it                   and Order on Consent (‘‘Settlement’’)
                                               ICR, after addressing comments                          does not establish an environmental
                                               received, will be submitted to OMB for                                                                        under the Comprehensive
                                                                                                       standard intended to mitigate                         Environmental Response,
                                               review and approval under the PRA, 44                   environmental health risks or safety
                                               U.S.C. 3501 et seq.                                                                                           Compensation, and Liability Act of
                                                                                                       risks.                                                1980, as amended (‘‘CERCLA’’), between
                                               C. Regulatory Flexibility Act (RFA)                     H. Executive Order 13211: Actions                     the U.S. Environmental Protection
                                                                                                       Concerning Regulations That                           Agency (‘‘EPA’’), and Atlantic Richfield
                                                 This action is not subject to the RFA,
                                                                                                       Significantly Affect Energy Supply,                   Company regarding the Anaconda
                                               5 U.S.C. 601 et seq. The RFA applies
                                                                                                       Distribution, or Use                                  Copper Mine Site (‘‘Site’’) in Yerington,
                                               only to rules subject to notice and
                                                                                                                                                             Nevada. The Settlement requires
                                               comment rulemaking requirements
                                                                                                          This action is not a ‘‘significant                 Atlantic Richfield Company to
                                               under the Administrative Procedure Act
                                                                                                       energy action’’ as defined in Executive               reimburse EPA $3,000,000 for Past
                                               (APA), 5 U.S.C. 553, or any other
                                                                                                       Order 13211 (66 FR 28355, May 22,                     Response Costs at the Site.
                                               statute. This action is not subject to the
                                                                                                       2001), because it is not likely to have a             DATES: Comments must be received on
                                               APA but is subject to TSCA, which does
                                                                                                       significant adverse effect on energy                  or before April 16, 2018.
                                               not require notice and comment
                                                                                                       supply, distribution, or use. This action             ADDRESSES: The Settlement Agreement
                                               rulemaking to take this action.
                                                                                                       is proposing service fees for TSCA,                   is available for public inspection at the
                                               D. Unfunded Mandates Reform Act                         which will not have a significant effect              United States Environmental Protection
                                               (UMRA)                                                  on the supply, distribution or use of                 Agency, Superfund Records Center, 75
                                                                                                       energy.                                               Hawthorne Street, Room 3110, San
                                                 This action does not contain an
                                               unfunded mandate of $100 million or                     I. National Technology Transfer and                   Francisco, California 94105. Telephone:
                                               more as described in UMRA, 2 U.S.C.                     Advancement Act (NTTAA)                               415–947–8717. A copy of the Settlement
                                               1531–1538, and does not significantly or                                                                      is also available at the following link:
                                               uniquely affect small governments. As                     Since this action does not involve any              https://semspub.epa.gov/work/09/
                                               such, the requirements of UMRA                          technical standards, NTTAA section                    100005264.pdf. Comments should be
                                               sections 202, 203, 204, or 205, 2 U.S.C.                12(d) (15 U.S.C. 272 note) does not                   addressed to Dustin Minor, Assistant
                                               1531–1538, do not apply to this action.                 apply to this action.                                 Regional Counsel, Office of Regional
                                                                                                                                                             Counsel (ORC–3), U.S. Environmental
                                               E. Executive Order 13132: Federalism                    J. Executive Order 12898: Federal
                                                                                                                                                             Protection Agency, 75 Hawthorne
                                                                                                       Actions To Address Environmental
                                                 This action does not have federalism                                                                        Street, San Francisco, CA 94105; or
                                                                                                       Justice in Minority Populations and
                                               implications. It will not have substantial                                                                    Email: minor.dustin@epa.gov; and
                                                                                                       Low-Income Populations
                                               direct effects on the States, on the                                                                          should reference the Anaconda Copper
                                               relationship between the national                          EPA believes that this action does not             Mine Site, EPA R9–2018–08.
                                               government and the States, or on the                    have disproportionately high and                      FOR FURTHER INFORMATION CONTACT:
                                               distribution of power and                               adverse human health or environmental                 Dustin Minor, Assistant Regional
                                               responsibilities among the various                      effects on minority populations, low-                 Counsel, Office of Regional Counsel
                                               levels of government, as specified in                   income populations and/or indigenous                  (ORC–3), Environmental Protection
                                               Executive Order 13132 (64 FR 43255,                     peoples, as specified in Executive Order              Agency, Region 9, 75 Hawthorne Street,
                                               August 10, 1999).                                       12898 (59 FR 7629, February 16, 1994).                San Francisco, CA 94105; tel: (415) 972–
                                                                                                       This action does not affect the level of              3888; Minor.Dustin@epa.gov.
                                               F. Executive Order 13175: Consultation
                                                                                                       protection provided to human health or                SUPPLEMENTARY INFORMATION: EPA
                                               and Coordination With Indian Tribal
                                                                                                       the environment.                                      deferred the non-tribal portion of the
                                               Governments
                                                                                                         Authority: 15 U.S.C. 2613(c).                       Site to the Nevada Division of
                                                 This action does not have tribal                                                                            Environmental Protection (NDEP) on
daltland on DSKBBV9HB2PROD with NOTICES




                                               implications because it will not have                     Dated: March 12, 2018,                              February 5, 2018. In addition to
                                               any effect on tribal governments, on the                Charlotte Bertrand,                                   requiring Atlantic Richfield Company to
                                               relationship between the Federal                        Acting Principal Deputy Assistant                     reimburse EPA $3,000,000, the
                                               government and the Indian tribes, or on                 Administrator, Office of Chemical Safety and          Settlement terminates the existing
                                               the distribution of power and                           Pollution Prevention.                                 administrative orders referred to in the
                                               responsibilities between the Federal                    [FR Doc. 2018–05402 Filed 3–15–18; 8:45 am]           Settlement. EPA terminated the existing
                                               government and Indian tribes, as                        BILLING CODE 6560–50–P                                administrative orders because future


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Document Created: 2018-03-16 01:12:19
Document Modified: 2018-03-16 01:12:19
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.
DatesComments must be received on or before April 16, 2018.
ContactFor technical information contact: Jessica Barkas, Environmental Assistance Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
FR Citation83 FR 11748 
RIN Number2070-ZA19

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