83_FR_50095 83 FR 49903 - Significant New Use Rules on Certain Chemical Substances

83 FR 49903 - Significant New Use Rules on Certain Chemical Substances

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 192 (October 3, 2018)

Page Range49903-49904
FR Document2018-21191

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 26 chemical substances which were the subject of premanufacture notices (PMNs). The chemical substances are subject to Orders issued by EPA pursuant to sections 5(e) and 5(f) of TSCA. This action would require persons who intend to manufacture (defined by statute to include import) or process any of these 26 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA's evaluation of the intended use within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the notice, and has taken such actions as are required with that determination. In addition to this Notice of Proposed Rulemaking, EPA is issuing the action as a direct final rule elsewhere in this issue of the Federal Register.

Federal Register, Volume 83 Issue 192 (Wednesday, October 3, 2018) 
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Proposed Rules]
[Pages 49903-49904]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21191]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2018-0627; FRL-9983-81]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing significant new use rules (SNURs) under the 
Toxic Substances Control Act (TSCA) for 26 chemical substances which 
were the subject of premanufacture notices (PMNs). The chemical 
substances are subject to Orders issued by EPA pursuant to sections 
5(e) and 5(f) of TSCA. This action would require persons who intend to 
manufacture (defined by statute to include import) or process any of 
these 26 chemical substances for an activity that is designated as a 
significant new use by this rule to notify EPA at least 90 days before 
commencing that activity. The required notification initiates EPA's 
evaluation of the intended use within the applicable review period. 
Persons may not commence manufacture or processing for the significant 
new use until EPA has conducted a review of the notice, made an 
appropriate determination on the notice, and has taken such actions as 
are required with that determination. In addition to this Notice of 
Proposed Rulemaking, EPA is issuing the action as a direct final rule 
elsewhere in this issue of the Federal Register.

DATES: Comments must be received on or before November 2, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2018-0627, 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)

[[Page 49904]]

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: 
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: In addition to this Notice of Proposed 
Rulemaking, EPA is issuing the action as a direct final rule elsewhere 
in this issue of the Federal Register. For further information about 
the proposed significant new use rules, please see the information 
provided in the direct final action, with the same title, that is 
located in the ``Rules and Regulations'' section of this issue of the 
Federal Register.

List of Subjects in 40 CFR Part 721

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

    Dated: September 14, 2018.
Jeffery T. Morris,
Director, Office of Pollution Prevention and Toxics.
[FR Doc. 2018-21191 Filed 10-2-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules 49903 codify the rules documented in this Under RCRA 3006(b), the EPA grants Authority: This action is issued under the Federal Register document. a State’s application for authorization, authority of sections 2002(a), 3006, and as long as the State meets the criteria 7004(b) of the Solid Waste Disposal Act as I. Administrative Requirements amended 42 U.S.C. 6912(a), 6926, 6974(b). required by RCRA. It would thus be The Office of Management and Budget inconsistent with applicable law for the Dated: September 26, 2018. (OMB) has exempted this action from EPA, when it reviews a State Anne L. Idsal, the requirements of Executive Orders authorization application to require the Regional Administrator, Region 6. 12866 (58 FR 51735, October 4, 1993) use of any particular voluntary [FR Doc. 2018–21449 Filed 10–2–18; 8:45 am] and 13563 (76 FR 3821, January 21, consensus standard in place of another BILLING CODE 6560–50–P 2011). This action proposes to authorize standard that otherwise satisfies the State requirements for the purpose of requirements of RCRA. Thus, the RCRA 3006 and imposes no additional requirements of section 12(d) of the ENVIRONMENTAL PROTECTION requirements beyond those imposed by National Technology Transfer and AGENCY State law. Therefore, this action is not Advancement Act of 1995 (15 U.S.C. subject to review by OMB. This action 272 note) do not apply. As required by 40 CFR Part 721 is not an Executive Order 13771 (82FR section 3 of Executive Order 12988 (61 9339, February 3, 2017) regulatory FR 4729, February 7, 1996), in issuing [EPA–HQ–OPPT–2018–0627; FRL–9983–81] action because actions such as today’s this proposed rule, the EPA has taken proposed authorization of the State of RIN 2070–AB27 the necessary steps to eliminate drafting Oklahoma’s revised hazardous waste errors and ambiguity, minimize Significant New Use Rules on Certain program under RCRA are exempted potential litigation, and provide a clear Chemical Substances under Executive Order 12866. legal standard for affected conduct. Accordingly, I certify that this action The EPA has complied with Executive AGENCY: Environmental Protection will not have a significant economic Order 12630 (53 FR 8859, March 15, Agency (EPA). impact on a substantial number of small 1988) by examining the takings ACTION: Proposed rule. entities under the Regulatory Flexibility implications of the rule in accordance Act (5 U.S.C. 601 et seq.). Because this with the ‘‘Attorney General’s SUMMARY: EPA is proposing significant action proposes to authorize preexisting Supplemental Guidelines for the new use rules (SNURs) under the Toxic requirements under State law and does Evaluation of Risk and Avoidance of Substances Control Act (TSCA) for 26 not impose any additional enforceable Unanticipated Takings’’ issued under chemical substances which were the duty beyond that required by State law, the Executive Order. This proposed rule subject of premanufacture notices it does not contain any unfunded does not impose information collection (PMNs). The chemical substances are mandate or significantly or uniquely burden under the provisions of the subject to Orders issued by EPA affect small governments, as described Paperwork Reduction Act of 1995 (44 pursuant to sections 5(e) and 5(f) of in the Unfunded Mandates Reform Act U.S.C. 3501 et seq.). TSCA. This action would require of 1995 (Pub. L. 104–4). For the same Executive Order 12898 (59 FR 7629, persons who intend to manufacture reason, this proposed action also does February 16, 1994) establishes federal (defined by statute to include import) or not significantly or uniquely affect the executive policy on environmental process any of these 26 chemical communities of Tribal governments, as justice. Its main provision directs substances for an activity that is specified by Executive Order 13175 (65 federal agencies, to the greatest extent designated as a significant new use by FR 67249, November 9, 2000). practicable and permitted by law, to this rule to notify EPA at least 90 days This action will not have substantial make environmental justice part of their before commencing that activity. The direct effects on the States, on the mission by identifying and addressing, required notification initiates EPA’s relationship between the national as appropriate, the disproportionately evaluation of the intended use within government and the States, or on the high and adverse human health or the applicable review period. Persons distribution of power and environmental effects of their programs, may not commence manufacture or responsibilities among the various policies, and activities on minority processing for the significant new use levels of government, as specified in populations and low-income until EPA has conducted a review of the Executive Order 13132 (64 FR 43255, populations in the United States. notice, made an appropriate August 10, 1999), because it merely Because this rule proposes to authorize determination on the notice, and has proposes to authorize State pre-existing State rules which are at taken such actions as are required with requirements as part of the State RCRA least equivalent to, and no less stringent that determination. In addition to this hazardous waste program without than existing federal requirements, and Notice of Proposed Rulemaking, EPA is altering the relationship or the imposes no additional requirements issuing the action as a direct final rule distribution of power and beyond those imposed by State law, and elsewhere in this issue of the Federal responsibilities established by RCRA. there are no anticipated significant Register. This proposed action also is not adverse human health or environmental subject to Executive Order 13045 (62 FR effects, the rule is not subject to DATES: Comments must be received on 19885, April 23, 1997), because it is not Executive Order 12898. or before November 2, 2018. economically significant and it does not ADDRESSES: Submit your comments, make decisions based on environmental List of Subjects in 40 CFR Part 271 identified by docket identification (ID) daltland on DSKBBV9HB2PROD with PROPOSALS health or safety risks. This proposed Environmental protection, number EPA–HQ–OPPT–2018–0627, by rule is not subject to Executive Order Administrative practice and procedure, one of the following methods: 13211, ‘‘Actions Concerning Regulations Confidential business information, • Federal eRulemaking Portal: http:// That Significantly Affect Energy Supply, Hazardous waste, Hazardous waste www.regulations.gov. Follow the online Distribution, or Use’’ (66 FR 28355 May transportation, Indian lands, instructions for submitting comments. 22, 2001), because it is not a significant Intergovernmental relations, Penalties, Do not submit electronically any regulatory action under Executive Order Reporting and recordkeeping information you consider to be 12866. requirements. Confidential Business Information (CBI) VerDate Sep<11>2014 17:23 Oct 02, 2018 Jkt 247001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\03OCP1.SGM 03OCP1

49904 Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Proposed Rules or other information whose disclosure is Moss, Chemical Control Division information about the proposed restricted by statute. (7405M), Office of Pollution Prevention significant new use rules, please see the • Mail: Document Control Office and Toxics, Environmental Protection information provided in the direct final (7407M), Office of Pollution Prevention Agency, 1200 Pennsylvania Ave. NW, action, with the same title, that is and Toxics (OPPT), Environmental Washington, DC 20460–0001; telephone located in the ‘‘Rules and Regulations’’ Protection Agency, 1200 Pennsylvania number: (202) 564–9232; email address: section of this issue of the Federal Ave. NW, Washington, DC 20460–0001. moss.kenneth@epa.gov. Register. • Hand Delivery: To make special For general information contact: The arrangements for hand delivery or List of Subjects in 40 CFR Part 721 TSCA-Hotline, ABVI-Goodwill, 422 delivery of boxed information, please South Clinton Ave. Rochester, NY Environmental protection, Chemicals, follow the instructions at http:// 14620; telephone number: (202) 554– Hazardous substances, Reporting and www.epa.gov/dockets/contacts.html. 1404; email address: TSCA-Hotline@ recordkeeping requirements. Additional instructions on epa.gov. Dated: September 14, 2018. commenting or visiting the docket, along with more information about SUPPLEMENTARY INFORMATION: In Jeffery T. Morris, dockets generally, is available at http:// addition to this Notice of Proposed Director, Office of Pollution Prevention and www.epa.gov/dockets. Rulemaking, EPA is issuing the action Toxics. FOR FURTHER INFORMATION CONTACT: For as a direct final rule elsewhere in this [FR Doc. 2018–21191 Filed 10–2–18; 8:45 am] technical information contact: Kenneth issue of the Federal Register. For further BILLING CODE 6560–50–P daltland on DSKBBV9HB2PROD with PROPOSALS VerDate Sep<11>2014 17:23 Oct 02, 2018 Jkt 247001 PO 00000 Frm 00048 Fmt 4702 Sfmt 9990 E:\FR\FM\03OCP1.SGM 03OCP1


Document Created: 2018-10-03 02:30:18
Document Modified: 2018-10-03 02:30:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before November 2, 2018.
ContactFor 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:
FR Citation83 FR 49903 
RIN Number2070-AB27
CFR AssociatedEnvironmental Protection; Chemicals; Hazardous Substances and Reporting and Recordkeeping Requirements
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