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

ENVIRONMENTAL PROTECTION AGENCY

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

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, 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2018, is withdrawn effective September 26, 2018.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