83 FR 30173 - Guidance for Creating Generic Names for Confidential Chemical Substance Identity Reporting Under the Toxic Substances Control Act; Notice of Availability

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 124 (June 27, 2018)

Page Range		30173-30174
FR Document		2018-13832

EPA is announcing the availability of the following guidance document: ``Guidance for Creating Generic Names for Confidential Chemical Substance Identity Reporting under TSCA.'' This guidance document, which is required by the Toxic Substances Control Act (TSCA), as amended in 2016 by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, provides information to assist companies in creating structurally descriptive generic names for chemical substances whose specific chemical identities are claimed confidential, for the purposes of protecting the specific chemical identities from disclosure while describing the chemical substance as specifically as practicable, and for listing substances on the TSCA Chemical Substance Inventory.

Federal Register, Volume 83 Issue 124 (Wednesday, June 27, 2018)

[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Notices]
[Pages 30173-30174]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-13832]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2018-0292; FRL-9979-02]

Guidance for Creating Generic Names for Confidential Chemical
Substance Identity Reporting Under the Toxic Substances Control Act;
Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing the availability of the following guidance
document: ``Guidance for Creating Generic Names for Confidential
Chemical Substance Identity Reporting under TSCA.'' This guidance
document, which is required by the Toxic Substances Control Act (TSCA),
as amended in 2016 by the Frank R. Lautenberg Chemical Safety for the
21st Century Act, provides information to assist companies in creating
structurally descriptive generic names for chemical substances whose
specific chemical identities are claimed confidential, for the purposes
of protecting the specific chemical identities from disclosure while
describing the chemical substance as specifically as practicable, and
for listing substances on the TSCA Chemical Substance Inventory.

DATES: Submit comments on or before August 27, 2018.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2018-0292, 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: Tracy Williamson, Chemistry,
Economics, and Sustainable Strategies Division (Mailcode 7406M), Office
of Pollution Prevention and Toxics, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-8569; email address: tscainventory@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:

[[Page 30174]]

I. General Information

A. Does this action apply to me?

You may be potentially affected by this action if you are a company
needing assistance in creating structurally descriptive generic names
for chemical substances whose specific chemical identities are claimed
confidential, for purposes of protecting the specific chemical
identities from disclosure and listing the substances on the TSCA
Chemical Substance Inventory. This action may be of particular interest
to entities that are regulated under TSCA (e.g., entities identified
under North American Industrial Classification System (NAICS) codes
324, 325, and 324110, among others). Since other entities also may be
interested, the Agency has not attempted to describe all the specific
entities and corresponding NAICS codes for entities that may be
interested in or affected by this action.

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

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

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

The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPPT-2018-0292, is available online at http://www.regulations.gov or in person 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 that is available at http://www.epa.gov/dockets. You
also will find this document and the ``Guidance for Creating Generic
Names for Confidential Chemical Substance Identity Reporting under
TSCA'' at http://www.epa.gov/tsca-inventory.

II. What is the Agency's authority for this action?

As amended by the Frank R. Lautenberg Chemical Safety for the 21st
Century Act in June 2016, TSCA section 14(c)(4), 15 U.S.C. 2613(c)(4),
requires that EPA develop guidance regarding the determination of
structurally descriptive generic names provided for chemical substances
whose specific chemical identities have been claimed confidential in a
TSCA notice. TSCA section 14(c)(1)(C) was amended to require submitters
who assert a confidentiality claim for specific chemical identity to
include a structurally descriptive generic name for the chemical
substance that EPA may disclose to the public. The generic name must be
consistent with EPA's guidance, and should describe the chemical
structure of the substance as specifically as practicable while
protecting those features of the chemical structure that are claimed as
confidential and the disclosure of which would be likely to cause
substantial harm to the competitive position of the claimant.

III. What action is the Agency taking?

EPA is announcing the availability of the following guidance
document: ``Guidance for Creating Generic Names for Confidential
Chemical Substance Identity Reporting under TSCA.'' This guidance
document is intended to assist companies in creating structurally
descriptive generic names for chemical substances whose specific
chemical identities are claimed confidential, for purposes of
protecting the specific chemical identities from disclosure while
describing the chemical substance as specifically as practicable, and
for listing substances on the TSCA Chemical Substance Inventory.
EPA previously published guidance to assist companies in creating
structurally descriptive generic names in an appendix to the 1985
publication of the TSCA Inventory (Appendix B, ``Generic Names for
Confidential Chemical Substance Identities,'' in the ``TSCA Inventory,
1985 Edition''). The new guidance document updates and replaces the
1985 guidance. Consistent with TSCA section 14(c)(1)(C) and 14(c)(4)
requirements, the updated guidance document provides more detail and
clarity to companies regarding the approach for creating structurally
descriptive generic names.
As a nonbinding guidance document, this updated guidance document
is a living document which may be revised periodically and without
notice. In addition to seeking comments within the next 60 days, EPA
welcomes public input on this guidance document at any time in the
future.

Authority: 15 U.S.C. 2613(c)(4).

Dated: June 21, 2018.
E. Scott Pruitt,
Administrator.
[FR Doc. 2018-13832 Filed 6-26-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices 30173

comment rulemaking requirements environmental health risks or safety SUMMARY: EPA is announcing the
under the Administrative Procedure Act risks. availability of the following guidance
(APA), 5 U.S.C. 553, or any other document: ‘‘Guidance for Creating
H. Executive Order 13211: Actions
statute. This action is not subject to the Generic Names for Confidential
Concerning Regulations That
APA but is subject to TSCA, which does Chemical Substance Identity Reporting
Significantly Affect Energy Supply,
not require notice and comment under TSCA.’’ This guidance document,
Distribution, or Use
rulemaking to take this action. which is required by the Toxic
This action is not a ‘‘significant Substances Control Act (TSCA), as
D. Unfunded Mandates Reform Act energy action’’ as defined in Executive amended in 2016 by the Frank R.
(UMRA) Order 13211 (66 FR 28355, May 22, Lautenberg Chemical Safety for the 21st
This action does not contain an 2001), because it is not likely to have a Century Act, provides information to
unfunded mandate of $100 million or significant adverse effect on energy assist companies in creating structurally
more as described in UMRA, 2 U.S.C. supply, distribution, or use. This action descriptive generic names for chemical
1531–1538, and does not significantly or is announcing the availability of substances whose specific chemical
uniquely affect small governments. As guidance concerning obtaining access to identities are claimed confidential, for
such, the requirements of UMRA CBI under TSCA, which will not have the purposes of protecting the specific
sections 202, 203, 204, or 205, 2 U.S.C. a significant effect on the supply, chemical identities from disclosure
1531–1538, do not apply to this action. distribution or use of energy. while describing the chemical substance
I. National Technology Transfer and as specifically as practicable, and for
E. Executive Order 13132: Federalism listing substances on the TSCA
Advancement Act (NTTAA)
This action does not have federalism Chemical Substance Inventory.
implications. It will not have substantial Since this action does not involve any DATES: Submit comments on or before
direct effects on the States, on the technical standards, NTTAA section August 27, 2018.
relationship between the national 12(d) (15 U.S.C. 272 note) does not ADDRESSES: Submit your comments,
government and the States, or on the apply to this action. identified by docket identification (ID)
distribution of power and J. Executive Order 12898: Federal number EPA–HQ–OPPT–2018–0292, by
responsibilities among the various Actions To Address Environmental one of the following methods:
levels of government, as specified in Justice in Minority Populations and • Federal eRulemaking Portal: http://
Executive Order 13132 (64 FR 43255, Low-Income Populations www.regulations.gov. Follow the online
August 10, 1999). instructions for submitting comments.
EPA believes that this action does not
F. Executive Order 13175: Consultation Do not submit electronically any
have disproportionately high and
and Coordination With Indian Tribal information you consider to be
adverse human health or environmental
Governments Confidential Business Information (CBI)
effects on minority populations, low-
or other information whose disclosure is
income populations and/or indigenous
Consistent with the EPA Policy on restricted by statute.
peoples, as specified in Executive Order • Mail: Document Control Office
Consultation and Coordination with
12898 (59 FR 7629, February 16, 1994). (7407M), Office of Pollution Prevention
Indian Tribes, the EPA consulted with
This action does not affect the level of and Toxics (OPPT), Environmental
tribal officials during the development
protection provided to human health or Protection Agency, 1200 Pennsylvania
of this action. EPA coordinated and
the environment. Ave. NW, Washington, DC 20460–0001.
engaged with tribal partners early in the
process during the development of the VI. Congressional Review Act • Hand Delivery: To make special
guidance documents as well as arrangements for hand delivery or
The Congressional Review Act, 5 delivery of boxed information, please
continued to conduct outreach to tribes U.S.C. 801 et seq. does not apply
during the release of the draft guidance follow the instructions at http://
because this action is not a rule as that www.epa.gov/dockets/contacts.html.
documents. In addition, EPA held a term is defined in 5 U.S.C. 804(3).
tribal consultation with tribes that Additional instructions on
requested further information. The Authority: 15 U.S.C. 2613(c). commenting or visiting the docket,
Agency plans to continue to work with Dated: June 21, 2018. along with more information about
our tribal partners to introduce the E. Scott Pruitt, dockets generally, is available at http://
guidance and provide a forum for open www.epa.gov/dockets.
Administrator.
dialogue with tribes. FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2018–13828 Filed 6–26–18; 8:45 am]
For technical information contact:
G. Executive Order 13045: Protection of BILLING CODE 6560–50–P
Tracy Williamson, Chemistry,
Children From Environmental Health Economics, and Sustainable Strategies
Risks and Safety Risks Division (Mailcode 7406M), Office of
ENVIRONMENTAL PROTECTION
EPA interprets Executive Order 13045 Pollution Prevention and Toxics,
AGENCY
(62 FR 19885, April 23, 1997), as Environmental Protection Agency, 1200
applying only to those regulatory [EPA–HQ–OPPT–2018–0292; FRL–9979–02] Pennsylvania Ave. NW, Washington, DC
actions that concern environmental 20460–0001; telephone number: (202)
health or safety risks that EPA has Guidance for Creating Generic Names 564–8569; email address:
reason to believe may for Confidential Chemical Substance tscainventory@epa.gov.
daltland on DSKBBV9HB2PROD with NOTICES

disproportionately affect children, per Identity Reporting Under the Toxic For general information contact: The
the definition of ‘‘covered regulatory Substances Control Act; Notice of TSCA-Hotline, ABVI-Goodwill, 422
action’’ in section 2–202 of Executive Availability South Clinton Ave., Rochester, NY
Order 13045. This action is not subject 14620; telephone number: (202) 554–
AGENCY: Environmental Protection 1404; email address: TSCA-Hotline@
to Executive Order 13045 because it Agency (EPA).
does not establish an environmental epa.gov.
ACTION: Notice.
standard intended to mitigate SUPPLEMENTARY INFORMATION:

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30174 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices

I. General Information legal holidays. The telephone number replaces the 1985 guidance. Consistent
for the Public Reading Room is (202) with TSCA section 14(c)(1)(C) and
A. Does this action apply to me?
566–1744, and the telephone number for 14(c)(4) requirements, the updated
You may be potentially affected by the OPPT Docket is (202) 566–0280. guidance document provides more
this action if you are a company needing Please review the visitor instructions detail and clarity to companies
assistance in creating structurally and additional information about the regarding the approach for creating
descriptive generic names for chemical docket that is available at http:// structurally descriptive generic names.
substances whose specific chemical www.epa.gov/dockets. You also will As a nonbinding guidance document,
identities are claimed confidential, for find this document and the ‘‘Guidance this updated guidance document is a
purposes of protecting the specific for Creating Generic Names for living document which may be revised
chemical identities from disclosure and Confidential Chemical Substance periodically and without notice. In
listing the substances on the TSCA Identity Reporting under TSCA’’ at addition to seeking comments within
Chemical Substance Inventory. This http://www.epa.gov/tsca-inventory. the next 60 days, EPA welcomes public
action may be of particular interest to input on this guidance document at any
entities that are regulated under TSCA II. What is the Agency’s authority for
time in the future.
(e.g., entities identified under North this action?
Authority: 15 U.S.C. 2613(c)(4).
American Industrial Classification As amended by the Frank R.
System (NAICS) codes 324, 325, and Lautenberg Chemical Safety for the 21st Dated: June 21, 2018.
324110, among others). Since other Century Act in June 2016, TSCA section E. Scott Pruitt,
entities also may be interested, the 14(c)(4), 15 U.S.C. 2613(c)(4), requires Administrator.
Agency has not attempted to describe all that EPA develop guidance regarding [FR Doc. 2018–13832 Filed 6–26–18; 8:45 am]
the specific entities and corresponding the determination of structurally BILLING CODE 6560–50–P
NAICS codes for entities that may be descriptive generic names provided for
interested in or affected by this action. chemical substances whose specific
chemical identities have been claimed FEDERAL COMMUNICATIONS
B. What should I consider as I prepare confidential in a TSCA notice. TSCA
my comments for EPA? COMMISSION
section 14(c)(1)(C) was amended to
1. Submitting CBI. Do not submit this require submitters who assert a [OMB 3060–0349]
information to EPA through confidentiality claim for specific
Information Collection Being Reviewed
regulations.gov or email. Clearly mark chemical identity to include a
by the Federal Communications
the part or all of the information that structurally descriptive generic name for
Commission
you claim to be CBI. For CBI the chemical substance that EPA may
information in a disk or CD–ROM that disclose to the public. The generic name AGENCY: Federal Communications
you mail to EPA, mark the outside of the must be consistent with EPA’s guidance, Commission.
disk or CD–ROM as CBI and then and should describe the chemical ACTION: Notice and request for
identify electronically within the disk or structure of the substance as specifically comments.
CD–ROM the specific information that as practicable while protecting those
is claimed as CBI. In addition to one features of the chemical structure that SUMMARY: As part of its continuing effort
complete version of the comment that are claimed as confidential and the to reduce paperwork burdens, and as
includes information claimed as CBI, a disclosure of which would be likely to required by the Paperwork Reduction
copy of the comment that does not cause substantial harm to the Act of 1995 (PRA), the Federal
contain the information claimed as CBI competitive position of the claimant. Communications Commission (FCC or
must be submitted for inclusion in the Commission) invites the general public
III. What action is the Agency taking? and other Federal agencies to take this
public docket. Information so marked
will not be disclosed except in EPA is announcing the availability of opportunity to comment on the
accordance with procedures set forth in the following guidance document: following information collections.
40 CFR part 2. ‘‘Guidance for Creating Generic Names Comments are requested concerning:
2. Tips for preparing your comments. for Confidential Chemical Substance Whether the proposed collection of
When preparing and submitting your Identity Reporting under TSCA.’’ This information is necessary for the proper
comments, see the commenting tips at guidance document is intended to assist performance of the functions of the
http://www.epa.gov/dockets/ companies in creating structurally Commission, including whether the
comments.html. descriptive generic names for chemical information shall have practical utility;
substances whose specific chemical the accuracy of the Commission’s
C. How can I get copies of this identities are claimed confidential, for burden estimate; ways to enhance the
document and other related purposes of protecting the specific quality, utility, and clarity of the
information? chemical identities from disclosure information collected; ways to minimize
The docket for this action, identified while describing the chemical substance the burden of the collection of
by docket identification (ID) number as specifically as practicable, and for information on the respondents,
EPA–HQ–OPPT–2018–0292, is available listing substances on the TSCA including the use of automated
online at http://www.regulations.gov or Chemical Substance Inventory. collection techniques or other forms of
in person at the Office of Pollution EPA previously published guidance to information technology; and ways to
Prevention and Toxics Docket (OPPT assist companies in creating structurally further reduce the information
daltland on DSKBBV9HB2PROD with NOTICES

Docket), Environmental Protection descriptive generic names in an collection burden on small business
Agency Docket Center (EPA/DC), West appendix to the 1985 publication of the concerns with fewer than 25 employees.
William Jefferson Clinton Bldg., Rm. TSCA Inventory (Appendix B, ‘‘Generic The FCC may not conduct or sponsor
3334, 1301 Constitution Ave. NW, Names for Confidential Chemical a collection of information unless it
Washington, DC. The Public Reading Substance Identities,’’ in the ‘‘TSCA displays a currently valid Office of
Room is open from 8:30 a.m. to 4:30 Inventory, 1985 Edition’’). The new Management and Budget (OMB) control
p.m., Monday through Friday, excluding guidance document updates and number. No person shall be subject to

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Document Created: 2018-11-06 09:52:41
Document Modified: 2018-11-06 09:52:41

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		Submit comments on or before August 27, 2018.
Contact		For technical information contact: Tracy Williamson, Chemistry, Economics, and Sustainable Strategies Division (Mailcode 7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
FR Citation		83 FR 30173