83 FR 17782 - User Fees for the Administration of the Toxic Substances Control Act (TSCA)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 79 (April 24, 2018)

Page Range		17782-17783
FR Document		2018-08427

EPA is extending the comment period for 30 days and is providing notice that EPA has added a supplemental analysis, titled ``Supplemental Analysis of Alternative Small Business Size Standard Definitions and their Effect on TSCA User Fee Collection'', to the rulemaking docket for the proposed rule that published in the Federal Register on February 26, 2018. The supplemental analysis provides additional estimates for the impact of setting the small business definition based on an employee-based threshold.

Federal Register, Volume 83 Issue 79 (Tuesday, April 24, 2018)

[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Proposed Rules]
[Pages 17782-17783]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-08427]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 700, 720, 723, 725, 790, and 791

[EPA-HQ-OPPT-2016-0401; FRL-9976-74]
RIN 2070-AK27

User Fees for the Administration of the Toxic Substances Control
Act (TSCA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; availability of supplemental information and
extension of comment period.

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

SUMMARY: EPA is extending the comment period for 30 days and is
providing notice that EPA has added a supplemental analysis, titled
``Supplemental Analysis of Alternative Small Business Size Standard
Definitions and their Effect on TSCA User Fee Collection'', to the
rulemaking docket for the proposed rule that published in the Federal
Register on February 26, 2018. The supplemental analysis provides
additional estimates for the impact of setting the small business
definition based on an employee-based threshold.

DATES: Comments must be received on or before May 24, 2018.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2016-0401, 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: Mark Hartman, Immediate Office,
Office of Pollution Prevention and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone
number: (202) 564-3810; email address: hartman.mark@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. Does this action apply to me?

This action is directed to the public in general. This action may
be of particular interest to anyone who manufactures (including
imports), distributes in commerce, or processes a chemical substance
(or any combination of such activities) or submits or is required to
submit information to the EPA under TSCA sections 4 or 5 or anyone who
manufactures a chemical substance that is the subject of a risk
evaluation under TSCA section 6(b). The following list of North
American Industry Classification System (NAICS) codes is not intended
to be exhaustive, but rather provides a guide to help readers determine
whether this document applies to them. Potentially affected entities
may include, but are not limited to, companies found in major NAICS
groups:
Chemical Manufacturers (NAICS code 325),
Petroleum and Coal Products (NAICS code 324), and
Chemical, Petroleum and Merchant Wholesalers (NAICS code
424).

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

1. Submitting CBI. Do not submit this information to the EPA
through regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, information so marked will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2. A copy of the comment that
does not contain the information claimed as CBI must be submitted for
inclusion in the public docket.
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. What action is the Agency taking?

In the Federal Register of February 26, 2018 (83 FR 8212) (FRL-
9974-31), EPA proposed to establish and collect fees from certain
manufacturers (including importers) and processors to defray some of
the Agency costs related to activities under TSCA sections 4, 5, 6 and
14. EPA also proposed to revise the size standard used to identify
businesses that can qualify as a ``small business concern'' under TSCA
for the purposes of fee collection. A regulatory definition for a small
business for a submission under TSCA section 5 was promulgated in 1988
and is based on the annual sales value of the business's parent
company. 40 CFR 700.43 currently states: ``Small business concern means
any person whose total annual sales in the person's fiscal year
preceding the date of the submission of the applicable section 5
notice, when combined with those of the parent company (if any), are
less than $40 million.'' EPA proposed several changes to this
definition. Consistent with the definition of small manufacturer or
importer at 40 CFR 704.3,
EPA proposed to increase the current revenue threshold of $40
million using the Producer Price Index (PPI) for Chemicals and Allied
Products, as compiled by the U.S. Bureau of Labor Statistics (Data
series WPU06 at http://data.bls.gov/cgi-bin/srgatet.). Using a base
year of 1988 and inflating to 2015 dollars resulted in a value of
approximately $91 million.
EPA also proposed to change the time frame over which annual sales
values are used when accounting for a business's revenue. Instead of
using just one year preceding the date of submission, the Agency is
proposing to average annual sales values over the three years preceding
the submission. EPA proposed to apply this updated definition--adjusted
for inflation and averaging sales revenue over three years--to not only
TSCA section 5 submissions, but also to TSCA sections 4 and 6
submissions as well.
Pursuant to Executive Order 12866, EPA submitted to the Office of
Management and Budget (OMB) an economic analysis of the potential costs
and benefits associated with the proposed rulemaking. The Agency has
since completed supplemental analysis that estimates the impact of
setting the

[[Page 17783]]

small business definition based on an employee-based threshold.
Specifically, EPA estimated the impact when the small business
definition is set using the following: (a) A fixed employee-based
threshold that defines small businesses as those firms with 500 or
fewer employees, and (b) the thresholds set by the Small Business
Administration, which vary by industry sector. A copy of the analysis,
titled ``Supplemental Analysis of Alternative Small Business Size
Standard Definitions and their Effect on TSCA User Fee Collection'', is
now available in the docket for this action (EPA-HQ-OPPT-2016-0401).
EPA requests comment on this analysis and whether an employee-based
size standard would be more appropriate than a receipts-based size
standard and what that employee level should be; whether the size
standard, be it receipts-based or employee-based, should vary from
industry to industry to reflect differences among the impacted
industries; and what other factors and data sources the Agency should
consider, besides inflation, when developing the size standard to
qualify for reduced fee amounts. The supplemental analysis estimates
the impact on fee amounts should an employee-based size standard be
used to determine eligibility for reduced fees. In order to ensure that
EPA meets the statutory requirement that fees are sufficient to defray
25% of the estimated Agency costs, EPA would need to recoup the revenue
loss resulting from moving to one of the two employee-based small
business definitions presented in the analysis by increasing the TSCA
section 5 proposed general industry fees. The revenue losses would
likely arise from TSCA section 5 submissions, given that EPA estimates
more businesses would qualify for the lower fee levels under the
employee-based definitions. Impacts to TSCA section 4 and 6 fee
collections are unlikely as EPA expects that consortia will ensure that
the full fee amount is remitted regardless of the proportion of small
businesses participating in the consortia. In the supplemental analysis
EPA estimated the impact on fees if the revenue loss is recouped by
allocating it proportionally among the proposed TSCA section 5 general
fees. In this case, in order to recoup the entire amount, the general
fee for PMN/MCAN/SNUN would increase by $413, from $16,000 to a new fee
of $16,413, and the general fee for Exemptions would increase by $122,
from $4,700 to a new fee of $4,822. If rounding to the nearest $100,
this results in new fees of $16,400 and $4,800, respectively, with 93%
($196,000) of the $211,000 fee revenue deficit recovered. EPA requests
comments on this approach of ensuring that EPA continues to collect 25%
of applicable Agency costs.
Comments on this supplemental analysis document should be submitted
to the docket for the proposed rule. In addition, in order to give
interested parties the opportunity to consider this additional analysis
and prepare meaningful comments, EPA is hereby extending the comment
period, which is set to end on April 27, 2018, until May 24, 2018.

List of Subjects

40 CFR Part 700

Chemicals, Environmental protection, Hazardous substances,
Reporting and recordkeeping requirements, User fees.

40 CFR Part 720

Chemicals, Environmental protection, Hazardous substances, Imports,
Reporting and recordkeeping requirements.

40 CFR Part 723

Chemicals, Environmental protection, Hazardous substances,
Phosphate, Reporting and recordkeeping requirements.

40 CFR Part 725

Administrative practice and procedure, Chemicals, Environmental
protection, Hazardous substances, Imports, Labeling, Occupational
safety and health, Reporting and recordkeeping requirements.

40 CFR Part 790

Administrative practice and procedure, Chemicals, Confidential
business information, Environmental protection, Hazardous substances,
Reporting and recordkeeping requirements.

40 CFR Part 791

Administrative practice and procedure, Chemicals, Environmental
protection, Hazardous substances, Reporting and recordkeeping
requirements.

Dated: April 10, 2018.
Charlotte Bertrand,
Acting Principal Deputy Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2018-08427 Filed 4-23-18; 8:45 am]
BILLING CODE 6560-50-P

17782 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Proposed Rules

■ 5. Amend §§ 17.64 through 17.74 by FOR FURTHER INFORMATION CONTACT: must be submitted for inclusion in the
removing the statutory authority citation For technical information contact: public docket.
at the end of each section. Mark Hartman, Immediate Office, Office 2. Tips for preparing your comments.
[FR Doc. 2018–08386 Filed 4–23–18; 8:45 am] of Pollution Prevention and Toxics, When preparing, and submitting your
BILLING CODE 8320–01–P Environmental Protection Agency, 1200 comments, see the commenting tips at
Pennsylvania Ave. NW, Washington, DC http://www.epa.gov/dockets/
20460–0001; telephone number: (202) comments.html.
ENVIRONMENTAL PROTECTION 564–3810; email address: II. What action is the Agency taking?
AGENCY hartman.mark@epa.gov.
In the Federal Register of February
For general information contact: The
26, 2018 (83 FR 8212) (FRL–9974–31),
40 CFR Parts 700, 720, 723, 725, 790, TSCA-Hotline, ABVI-Goodwill, 422
EPA proposed to establish and collect
and 791 South Clinton Ave., Rochester, NY
fees from certain manufacturers
14620; telephone number: (202) 554–
[EPA–HQ–OPPT–2016–0401; FRL–9976–74] (including importers) and processors to
1404; email address: TSCA-Hotline@
defray some of the Agency costs related
RIN 2070–AK27 epa.gov.
to activities under TSCA sections 4, 5,
User Fees for the Administration of the SUPPLEMENTARY INFORMATION: 6 and 14. EPA also proposed to revise
Toxic Substances Control Act (TSCA) the size standard used to identify
I. Executive Summary
businesses that can qualify as a ‘‘small
AGENCY: Environmental Protection A. Does this action apply to me? business concern’’ under TSCA for the
Agency (EPA). purposes of fee collection. A regulatory
This action is directed to the public
ACTION: Proposed rule; availability of definition for a small business for a
in general. This action may be of
supplemental information and submission under TSCA section 5 was
particular interest to anyone who
extension of comment period. promulgated in 1988 and is based on the
manufactures (including imports),
annual sales value of the business’s
SUMMARY: EPA is extending the distributes in commerce, or processes a parent company. 40 CFR 700.43
comment period for 30 days and is chemical substance (or any combination currently states: ‘‘Small business
providing notice that EPA has added a of such activities) or submits or is concern means any person whose total
supplemental analysis, titled required to submit information to the annual sales in the person’s fiscal year
‘‘Supplemental Analysis of Alternative EPA under TSCA sections 4 or 5 or preceding the date of the submission of
Small Business Size Standard anyone who manufactures a chemical the applicable section 5 notice, when
Definitions and their Effect on TSCA substance that is the subject of a risk combined with those of the parent
User Fee Collection’’, to the rulemaking evaluation under TSCA section 6(b). company (if any), are less than $40
docket for the proposed rule that The following list of North American million.’’ EPA proposed several changes
published in the Federal Register on Industry Classification System (NAICS) to this definition. Consistent with the
February 26, 2018. The supplemental codes is not intended to be exhaustive, definition of small manufacturer or
analysis provides additional estimates but rather provides a guide to help importer at 40 CFR 704.3,
for the impact of setting the small readers determine whether this EPA proposed to increase the current
business definition based on an document applies to them. Potentially revenue threshold of $40 million using
employee-based threshold. affected entities may include, but are the Producer Price Index (PPI) for
DATES: Comments must be received on not limited to, companies found in Chemicals and Allied Products, as
or before May 24, 2018. major NAICS groups: compiled by the U.S. Bureau of Labor
ADDRESSES: Submit your comments, • Chemical Manufacturers (NAICS Statistics (Data series WPU06 at http://
identified by docket identification (ID) code 325), data.bls.gov/cgi-bin/srgatet.). Using a
number EPA–HQ–OPPT–2016–0401, by • Petroleum and Coal Products base year of 1988 and inflating to 2015
one of the following methods: (NAICS code 324), and dollars resulted in a value of
• Federal eRulemaking Portal: http:// • Chemical, Petroleum and Merchant approximately $91 million.
www.regulations.gov. Follow the online Wholesalers (NAICS code 424). EPA also proposed to change the time
instructions for submitting comments. frame over which annual sales values
B. What should I consider as I prepare
Do not submit electronically any are used when accounting for a
my comments for the EPA?
information you consider to be business’s revenue. Instead of using just
Confidential Business Information (CBI) 1. Submitting CBI. Do not submit this one year preceding the date of
or other information whose disclosure is information to the EPA through submission, the Agency is proposing to
restricted by statute. regulations.gov or email. Clearly mark average annual sales values over the
• Mail: Document Control Office the part or all of the information that three years preceding the submission.
(7407M), Office of Pollution Prevention you claim to be CBI. For CBI EPA proposed to apply this updated
and Toxics (OPPT), Environmental information in a disk or CD–ROM that definition—adjusted for inflation and
Protection Agency, 1200 Pennsylvania you mail to EPA, mark the outside of the averaging sales revenue over three
Ave. NW, Washington, DC 20460–0001. disk or CD–ROM as CBI and then years—to not only TSCA section 5
• Hand Delivery: To make special identify electronically within the disk or submissions, but also to TSCA sections
arrangements for hand delivery or CD–ROM the specific information that 4 and 6 submissions as well.
jstallworth on DSKBBY8HB2PROD with PROPOSALS

delivery of boxed information, please is claimed as CBI. In addition to one Pursuant to Executive Order 12866,
follow the instructions at http:// complete version of the comment that EPA submitted to the Office of
www.epa.gov/dockets/contacts.html. includes information claimed as CBI, Management and Budget (OMB) an
Additional instructions on information so marked will not be economic analysis of the potential costs
commenting or visiting the docket, disclosed except in accordance with and benefits associated with the
along with more information about procedures set forth in 40 CFR part 2. proposed rulemaking. The Agency has
dockets generally, is available at http:// A copy of the comment that does not since completed supplemental analysis
www.epa.gov/dockets. contain the information claimed as CBI that estimates the impact of setting the

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Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Proposed Rules 17783

small business definition based on an 93% ($196,000) of the $211,000 fee DEPARTMENT OF HEALTH AND
employee-based threshold. Specifically, revenue deficit recovered. EPA requests HUMAN SERVICES
EPA estimated the impact when the comments on this approach of ensuring
small business definition is set using the that EPA continues to collect 25% of 42 CFR Part 88
following: (a) A fixed employee-based applicable Agency costs.
threshold that defines small businesses [NIOSH Docket 094]
Comments on this supplemental
as those firms with 500 or fewer
analysis document should be submitted World Trade Center Health Program;
employees, and (b) the thresholds set by
the Small Business Administration, to the docket for the proposed rule. In Petition 018—Hypertension; Finding of
which vary by industry sector. A copy addition, in order to give interested Insufficient Evidence
of the analysis, titled ‘‘Supplemental parties the opportunity to consider this
Analysis of Alternative Small Business additional analysis and prepare AGENCY: Centers for Disease Control and
Size Standard Definitions and their meaningful comments, EPA is hereby Prevention, HHS.
Effect on TSCA User Fee Collection’’, is extending the comment period, which is ACTION: Denial of petition for addition of
now available in the docket for this set to end on April 27, 2018, until May a health condition.
action (EPA–HQ–OPPT–2016–0401). 24, 2018.
SUMMARY: On January 5, 2018, the
EPA requests comment on this List of Subjects Administrator of the World Trade
analysis and whether an employee- Center (WTC) Health Program received
based size standard would be more 40 CFR Part 700
a petition (Petition 018) to add
appropriate than a receipts-based size hypertension (high blood pressure) to
Chemicals, Environmental protection,
standard and what that employee level the List of WTC-Related Health
should be; whether the size standard, be Hazardous substances, Reporting and
recordkeeping requirements, User fees. Conditions (List). Upon reviewing the
it receipts-based or employee-based, scientific and medical literature,
should vary from industry to industry to 40 CFR Part 720 including information provided by the
reflect differences among the impacted petitioner, the Administrator has
industries; and what other factors and Chemicals, Environmental protection, determined that the available evidence
data sources the Agency should Hazardous substances, Imports, does not have the potential to provide
consider, besides inflation, when Reporting and recordkeeping a basis for a decision on whether to add
developing the size standard to qualify requirements. hypertension to the List. The
for reduced fee amounts. The Administrator also finds that
supplemental analysis estimates the 40 CFR Part 723
insufficient evidence exists to request a
impact on fee amounts should an Chemicals, Environmental protection, recommendation of the WTC Health
employee-based size standard be used to Hazardous substances, Phosphate, Program Scientific/Technical Advisory
determine eligibility for reduced fees. In Reporting and recordkeeping Committee (STAC), to publish a
order to ensure that EPA meets the requirements. proposed rule, or to publish a
statutory requirement that fees are determination not to publish a proposed
sufficient to defray 25% of the estimated 40 CFR Part 725 rule.
Agency costs, EPA would need to
Administrative practice and DATES: The Administrator of the WTC
recoup the revenue loss resulting from
moving to one of the two employee- procedure, Chemicals, Environmental Health Program is denying this petition
based small business definitions protection, Hazardous substances, for the addition of a health condition as
presented in the analysis by increasing Imports, Labeling, Occupational safety of April 24, 2018.
the TSCA section 5 proposed general and health, Reporting and FOR FURTHER INFORMATION CONTACT:
industry fees. The revenue losses would recordkeeping requirements. Rachel Weiss, Program Analyst, 1090
likely arise from TSCA section 5 Tusculum Avenue, MS: C–48,
40 CFR Part 790 Cincinnati, OH 45226; telephone (855)
submissions, given that EPA estimates
more businesses would qualify for the 818–1629 (this is a toll-free number);
Administrative practice and
lower fee levels under the employee- email NIOSHregs@cdc.gov.
procedure, Chemicals, Confidential
based definitions. Impacts to TSCA business information, Environmental SUPPLEMENTARY INFORMATION:
section 4 and 6 fee collections are protection, Hazardous substances, Table of Contents
unlikely as EPA expects that consortia Reporting and recordkeeping
will ensure that the full fee amount is A. WTC Health Program Statutory Authority
requirements. B. Procedures for Evaluating a Petition
remitted regardless of the proportion of
small businesses participating in the 40 CFR Part 791 C. Petition 018
D. Review of Scientific and Medical
consortia. In the supplemental analysis
Administrative practice and Information and Administrator
EPA estimated the impact on fees if the Determination
revenue loss is recouped by allocating it procedure, Chemicals, Environmental
E. Administrator’s Final Decision on Whether
proportionally among the proposed protection, Hazardous substances, To Propose the Addition of Hypertension
TSCA section 5 general fees. In this Reporting and recordkeeping to the List
case, in order to recoup the entire requirements. F. Approval To Submit Document to the
jstallworth on DSKBBY8HB2PROD with PROPOSALS

amount, the general fee for PMN/ Dated: April 10, 2018. Office of the Federal Register
MCAN/SNUN would increase by $413, A. WTC Health Program Statutory
Charlotte Bertrand,
from $16,000 to a new fee of $16,413, Authority
and the general fee for Exemptions Acting Principal Deputy Assistant
Administrator, Office of Chemical Safety and Title I of the James Zadroga 9/11
would increase by $122, from $4,700 to
Pollution Prevention. Health and Compensation Act of 2010
a new fee of $4,822. If rounding to the
[FR Doc. 2018–08427 Filed 4–23–18; 8:45 am] (Pub. L. 111–347, as amended by Pub.
nearest $100, this results in new fees of
$16,400 and $4,800, respectively, with BILLING CODE 6560–50–P L. 114–113), added Title XXXIII to the

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Document Created: 2018-04-24 00:39:50
Document Modified: 2018-04-24 00:39:50

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; availability of supplemental information and extension of comment period.
Dates		Comments must be received on or before May 24, 2018.
Contact		For technical information contact: Mark Hartman, Immediate Office, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone
FR Citation		83 FR 17782
RIN Number		2070-AK27
CFR Citation		40 CFR 700 40 CFR 720 40 CFR 723 40 CFR 725 40 CFR 790 40 CFR 791
CFR Associated		Chemicals; Environmental Protection; Hazardous Substances; Reporting and Recordkeeping Requirements; User Fees; Imports; Phosphate; Administrative Practice and Procedure; Labeling; Occupational Safety and Health and Confidential Business Information