83 FR 48546 - Significant New Use Rules on Certain Chemical Substances; Withdrawal

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 187 (September 26, 2018)

Page Range		48546-48547
FR Document		2018-20959

EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for 145 chemical substances, which were the subjects of premanufacture notices (PMNs). EPA published these SNURs using direct final rulemaking procedures, which requires EPA to take certain actions if an adverse comment is received. EPA received adverse comments regarding the SNURs identified in this document. Therefore, the Agency is withdrawing the direct final rule SNURs identified in this document, as required under the direct final rulemaking procedures.

Federal Register, Volume 83 Issue 187 (Wednesday, September 26, 2018)

[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48546-48547]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20959]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2017-0366; FRL-9983-72]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances; 
Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: EPA is withdrawing significant new use rules (SNURs) 
promulgated under the Toxic Substances Control Act (TSCA) for 145 
chemical substances, which were the subjects of premanufacture notices 
(PMNs). EPA published these SNURs using direct final rulemaking 
procedures, which requires EPA to take certain actions if an adverse 
comment is received. EPA received adverse comments regarding the SNURs 
identified in this document. Therefore, the Agency is withdrawing the 
direct final rule SNURs identified in this document, as required under 
the direct final rulemaking procedures.

DATES: The direct final rule published at 83 FR 37702 on August 1, 
2018, is withdrawn effective September 26, 2018.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2017-0366, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW, Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Kenneth Moss, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 564-9232; email address: 
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    The list of potentially affected entities is provided in the 
Federal Register of August 1, 2018 (83 FR 37702) (FRL-9970-23). If you 
have questions regarding the applicability of this action to a 
particular entity, consult the technical person listed under FOR 
FURTHER INFORMATION CONTACT.

II. What direct final SNURs are being withdrawn?

    In the Federal Register of August 1, 2018 (83 FR 37702), EPA issued 
direct final SNURs for all 145 chemical substances that are identified 
in this document. Because the Agency received adverse comments that 
relate to each of the 145 chemical substances, EPA is withdrawing the 
direct final SNURS issued for these 145 chemical substances. In 
addition to the Direct Final SNURs, elsewhere in the same issue of the 
Federal Register of August 1, 2018, EPA issued proposed SNURs covering 
these 145 chemical substances (83 FR 37455) (FRL-9981-16). EPA will 
address all adverse public comments in a subsequent final rule, based 
on the proposed rule.

III. Good Cause Finding

    EPA determined that this document is not subject to the 30-day 
delay of effective date generally required by the Administrative 
Procedure Act (APA) (5 U.S.C. 553(d)) because of the time limitations 
for publication in the Federal Register. This document must publish on 
or before the effective date of the direct final rule containing the 
direct final SNURs being withdrawn.

IV. Statutory and Executive Order Reviews

    This action withdraws regulatory requirements that have not gone 
into effect and which contain no new or amended requirements. As such, 
the Agency has determined that this action will not have any adverse 
impacts, economic or otherwise. The statutory and Executive Order 
review requirements applicable to the direct final rule were discussed 
in the August 1, 2018 Federal Register. Those review requirements do 
not apply to this action because it is a withdrawal and does not 
contain any new or amended requirements.

V. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2). Section 808 of the CRA allows the 
issuing agency to make a rule effective sooner than otherwise provided 
by CRA if the agency makes a good cause finding that notice and public 
procedure is impracticable, unnecessary, or contrary to the public 
interest. As

[[Page 48547]]

required by 5 U.S.C. 808(2), this determination is supported by a brief 
statement in Unit III.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

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

0
Accordingly, the amendments to 40 CFR parts 9 and 721 published on 
August 1, 2018 (83 FR 37702), are withdrawn effective September 26, 
2018.

    Dated: September 11, 2018.
Lynn Vendinello,
Acting Director, Chemical Control Division, Office of Pollution 
Prevention and Toxics.
[FR Doc. 2018-20959 Filed 9-25-18; 8:45 am]
 BILLING CODE 6560-50-P

48546 Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations

This action implements a procedural promulgated under the Toxic II. What direct final SNURs are being
change to the title of the designated Substances Control Act (TSCA) for 145 withdrawn?
NEPA Official under existing chemical substances, which were the In the Federal Register of August 1,
regulations. subjects of premanufacture notices 2018 (83 FR 37702), EPA issued direct
(PMNs). EPA published these SNURs final SNURs for all 145 chemical
L. Congressional Review Act
using direct final rulemaking substances that are identified in this
This rule is exempt from the CRA procedures, which requires EPA to take document. Because the Agency received
because it is a rule relating to agency certain actions if an adverse comment is adverse comments that relate to each of
management or personnel. received. EPA received adverse the 145 chemical substances, EPA is
List of Subjects in 40 CFR Part 6 comments regarding the SNURs withdrawing the direct final SNURS
identified in this document. Therefore, issued for these 145 chemical
Environmental protection, the Agency is withdrawing the direct substances. In addition to the Direct
Environmental impact statements, final rule SNURs identified in this Final SNURs, elsewhere in the same
Foreign relations, Grant programs, document, as required under the direct issue of the Federal Register of August
Reporting and recordkeeping final rulemaking procedures. 1, 2018, EPA issued proposed SNURs
requirements, Waste treatment and
DATES: The direct final rule published at covering these 145 chemical substances
disposal.
83 FR 37702 on August 1, 2018, is (83 FR 37455) (FRL–9981–16). EPA will
Dated: September 13, 2018. address all adverse public comments in
withdrawn effective September 26,
Andrew R. Wheeler, 2018. a subsequent final rule, based on the
Acting Administrator. proposed rule.
For the reasons set forth in the ADDRESSES: The docket for this action, III. Good Cause Finding
preamble, the Environmental Protection identified by docket identification (ID)
number EPA–HQ–OPPT–2017–0366, is EPA determined that this document is
Agency amends 40 CFR part 6 as not subject to the 30-day delay of
follows: available at http://www.regulations.gov
or at the Office of Pollution Prevention effective date generally required by the
PART 6—PROCEDURES FOR and Toxics Docket (OPPT Docket), Administrative Procedure Act (APA) (5
IMPLEMENTING THE NATIONAL Environmental Protection Agency U.S.C. 553(d)) because of the time
Docket Center (EPA/DC), West William limitations for publication in the
ENVIRONMENTAL POLICY ACT AND
Jefferson Clinton Bldg., Rm. 3334, 1301 Federal Register. This document must
ASSESSING THE ENVIRONMENTAL
Constitution Ave. NW, Washington, DC. publish on or before the effective date
EFFECTS ABROAD OF EPA ACTIONS
The Public Reading Room is open from of the direct final rule containing the
■ 1. The authority citation for part 6 is 8:30 a.m. to 4:30 p.m., Monday through direct final SNURs being withdrawn.
revised to read as follows: Friday, excluding legal holidays. The IV. Statutory and Executive Order
Authority: 42 U.S.C. 4321 et seq.; also 40 telephone number for the Public Reviews
CFR parts 1500 through 1508, unless Reading Room is (202) 566–1744, and This action withdraws regulatory
otherwise noted. the telephone number for the OPPT requirements that have not gone into
■ 2. Section 6.102 is amended by Docket is (202) 566–0280. Please review effect and which contain no new or
revising paragraph (b)(8) to read as the visitor instructions and additional amended requirements. As such, the
follows: information about the docket available Agency has determined that this action
at http://www.epa.gov/dockets. will not have any adverse impacts,
§ 6.102 Definitions.
FOR FURTHER INFORMATION CONTACT: economic or otherwise. The statutory
* * * * * and Executive Order review
(b) * * * For technical information contact:
Kenneth Moss, Chemical Control requirements applicable to the direct
(8) NEPA Official is the Associate final rule were discussed in the August
Administrator for the Office of Policy, Division (7405M), Office of Pollution
1, 2018 Federal Register. Those review
who is responsible for EPA’s NEPA Prevention and Toxics, Environmental
requirements do not apply to this action
compliance. Protection Agency, 1200 Pennsylvania
because it is a withdrawal and does not
Ave. NW, Washington, DC 20460–0001;
* * * * * contain any new or amended
telephone number: (202) 564–9232;
[FR Doc. 2018–20856 Filed 9–25–18; 8:45 am] requirements.
email address: moss.kenneth@epa.gov.
BILLING CODE 6560–50–P
For general information contact: The V. Congressional Review Act (CRA)
TSCA-Hotline, ABVI-Goodwill, 422 Pursuant to the Congressional Review
ENVIRONMENTAL PROTECTION South Clinton Ave., Rochester, NY Act (5 U.S.C. 801 et seq.), EPA will
AGENCY 14620; telephone number: (202) 554– submit a report containing this rule and
1404; email address: TSCA-Hotline@ other required information to the U.S.
40 CFR Parts 9 and 721 epa.gov. Senate, the U.S. House of
[EPA–HQ–OPPT–2017–0366; FRL–9983–72] Representatives, and the Comptroller
SUPPLEMENTARY INFORMATION: General of the United States prior to
RIN 2070–AB27 publication of the rule in the Federal
I. Does this action apply to me?
Register. This action is not a ‘‘major
Significant New Use Rules on Certain The list of potentially affected entities rule’’ as defined by 5 U.S.C. 804(2).
Chemical Substances; Withdrawal is provided in the Federal Register of Section 808 of the CRA allows the
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AGENCY: Environmental Protection August 1, 2018 (83 FR 37702) (FRL– issuing agency to make a rule effective
Agency (EPA). 9970–23). If you have questions sooner than otherwise provided by CRA
ACTION: Withdrawal of direct final rule. regarding the applicability of this action if the agency makes a good cause
to a particular entity, consult the finding that notice and public procedure
SUMMARY: EPA is withdrawing technical person listed under FOR is impracticable, unnecessary, or
significant new use rules (SNURs) FURTHER INFORMATION CONTACT. contrary to the public interest. As

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Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations 48547

required by 5 U.S.C. 808(2), this website. Although listed in the index, explained in the proposed rulemaking.
determination is supported by a brief some information is not publicly Comments on the proposed rulemaking
statement in Unit III. available, i.e., Confidential Business were due on or before April 13, 2018.
Information or other information whose EPA did not receive any adverse
List of Subjects
disclosure is restricted by statute. comments on the proposed action.
40 CFR Part 9 Certain other material, such as
II. Incorporation by Reference
Environmental protection, Reporting copyrighted material, is not placed on
the internet and will be publicly In this rule, EPA is finalizing
and recordkeeping requirements. regulatory text that includes
available only in hard copy form.
40 CFR Part 721 Publicly available docket materials are incorporation by reference. In
Environmental protection, Chemicals, available either electronically through accordance with requirements of 1 CFR
Hazardous substances, Reporting and www.regulations.gov or in hard copy at 51.5, EPA is finalizing the incorporation
recordkeeping requirements. the Air Regulatory Management Section, by reference of Chattanooga-Hamilton
Air Planning and Implementation County’s air quality rules in Chapter 4
■ Accordingly, the amendments to 40
Branch, Air, Pesticides and Toxics of Part II, Section 4–2, ‘‘Definitions’’
CFR parts 9 and 721 published on effective June 11, 2008,2 to be consistent
August 1, 2018 (83 FR 37702), are Management Division, U.S.
Environmental Protection Agency, with the definition of VOC at 51.100.
withdrawn effective September 26, EPA has made, and will continue to
2018. Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that make, these materials generally
Dated: September 11, 2018. if at all possible, you contact the person available through www.regulations.gov
Lynn Vendinello, listed in the FOR FURTHER INFORMATION and at the EPA Region 4 Office (please
Acting Director, Chemical Control Division, CONTACT section to schedule your contact the person identified in the FOR
Office of Pollution Prevention and Toxics. inspection. The Regional Office’s FURTHER INFORMATION CONTACT section of
[FR Doc. 2018–20959 Filed 9–25–18; 8:45 am] official hours of business are Monday this preamble for more information).
BILLING CODE 6560–50–P through Friday 8:30 a.m. to 4:30 p.m., Therefore, these materials have been
excluding Federal holidays. approved by EPA for inclusion in the
FOR FURTHER INFORMATION CONTACT: SIP, have been incorporated by
ENVIRONMENTAL PROTECTION Tiereny Bell, Air Regulatory reference by EPA into that plan, are
AGENCY Management Section, Air Planning and fully federally-enforceable under
Implementation Branch, Air, Pesticides sections 110 and 113 of the CAA as of
40 CFR Part 52 and Toxics Management Division, U.S. the effective date of the final rulemaking
[EPA–R04–OAR–2017–0395; FRL–9984– Environmental Protection Agency, of EPA’s approval, and will be
50—Region 4] Region 4, 61 Forsyth Street SW, Atlanta, incorporated by reference in the next
Georgia 30303–8960. Ms. Bell can be update to the SIP compilation.3
Air Plan Approval; Tennessee: Volatile reached by phone at (404) 562–9088 or III. Final Action
Organic Compounds via electronic mail at bell.tiereny@
epa.gov. EPA is taking final action to approve
AGENCY: Environmental Protection a portion of a revision to the
Agency (EPA). SUPPLEMENTARY INFORMATION: Chattanooga-Hamilton County portion
ACTION: Final rule. I. Background of the Tennessee SIP which amends the
definition of ‘‘Volatile Organic
SUMMARY: The Environmental Protection On March 13, 2018 (83 FR 10813),
Compounds’’ in the Chattanooga Code,
Agency (EPA) is taking final action to EPA proposed to approve into the
Chapter 4 of Part II, Section 4–2. This
approve a portion of a revision to the Tennessee SIP the portion of the
SIP revision also amends paragraph 3
Chattanooga-Hamilton County portion revisions to the Chattanooga-Hamilton
and adds paragraphs 4 and 5 to the
of the Tennessee State Implementation County air quality rules in Chapter 4 of
Chattanooga Code, Chapter 4 of Part II,
Plan (SIP) submitted by the State of Part II, Section 4–2, submitted by TDEC
Section 4–2 definition of VOC. EPA has
Tennessee through the Tennessee on behalf of Chattanooga-Hamilton
evaluated the relevant portions of
Department of Environment and County on June 25, 2008.1 The
Tennessee’s June 25, 2008, SIP revision
Conservation (TDEC) on behalf of the definition of ‘‘Volatile Organic
and has determined that it meets the
Chattanooga-Hamilton County Air Compounds’’ in Chapter 4 of Part II,
Section 4–2, ‘‘Definitions’’ is amended applicable requirements of the CAA and
Pollution Control Bureau (Chattanooga- EPA regulations.
Hamilton County) on June 25, 2008. The to be consistent with the Federal
revision amends the definition of definition of VOC at 40 CFR 51.100(s). IV. Statutory and Executive Order
‘‘volatile organic compounds’’ (VOC) to In summary, the amendments add Reviews
be consistent with state and Federal several compounds to the list of Under the CAA, the Administrator is
regulations. The portion of the SIP negligibly reactive compounds, make required to approve a SIP submission
revision that EPA is approving is minor changes to paragraph 3 (related to that complies with the provisions of the
consistent with the requirements of the preconditions to excluding compounds Act and applicable Federal regulations.
Clean Air Act (CAA or Act). EPA will as VOCs), and adds paragraph 4 (related See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
act on the other portions of the June 25, to test methods used for purposes of Thus, in reviewing SIP submissions,
2008, submittal in a separate action. enforcement) and paragraph 5 (related
EPA’s role is to approve state choices,
DATES: This rule will be effective
to recordkeeping and reporting
provided that they meet the criteria of
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October 26, 2018. requirements for t-butyl acetate). The
details of the Tennessee submissions
ADDRESSES: EPA has established a 2 In the proposed rule at 83 FR 10814 (March 13,
and the rationale for EPA’s action are 2018), EPA inadvertently noted the ‘‘Definitions’’
docket for this action under Docket
state effective date as August 16, 1995. The correct
Identification No. EPA–R04–OAR– 1 EPA will consider the other changes included in state effective date, as reflected in this final rule, is
2017–0395. All documents in the docket Tennessee’s June 25, 2008, SIP revision in a June 11, 2008.
are listed on the www.regulations.gov separate rulemaking. 3 62 FR 27968 (May 22, 1997).

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Document Created: 2018-09-26 00:47:44
Document Modified: 2018-09-26 00:47:44

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		Rules and Regulations
Action		Withdrawal of direct final rule.
Dates		The direct final rule published at 83 FR 37702 on August 1, 2018, is withdrawn effective September 26, 2018.
Contact		For technical information contact: Kenneth Moss, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
FR Citation		83 FR 48546
RIN Number		2070-AB27
CFR Citation		40 CFR 721 40 CFR 9
CFR Associated		Chemicals; Hazardous Substances; Environmental Protection and Reporting and Recordkeeping Requirements