83 FR 51360 - Significant New Use Rules on Certain Chemical Substances; Withdrawal

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 197 (October 11, 2018)

Page Range		51360-51361
FR Document		2018-22194

EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for 27 chemical substances, which were the subject 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 and a request to extend the comment period regarding the SNURs identified in the direct final rule. 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 197 (Thursday, October 11, 2018)

[Federal Register Volume 83, Number 197 (Thursday, October 11, 2018)]
[Rules and Regulations]
[Pages 51360-51361]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22194]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2017-0414; FRL-9984-71]
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 27 
chemical substances, which were the subject 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 and a request to 
extend the comment period regarding the SNURs identified in the direct 
final rule. 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 40986 on August 17, 
2018, is withdrawn effective October 11, 2018.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2017-0414, 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: moss.kenneth@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. Does this action apply to me?

    A list of potentially affected entities is provided in the Federal 
Register of August 17, 2018 (83 FR 40986) (FRL-9971-37). 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 17, 2018 (83 FR 40986) (FRL-9971-
37), EPA issued direct final SNURs for 27 chemical substances that are 
identified in that document. Because the Agency received adverse 
comments and a request to extend the comment period regarding the SNURs 
identified in the document, EPA is withdrawing the direct final SNURS 
issued for these 27 chemical substances, which were the subject of 
PMNs. In addition to the direct final SNURs, elsewhere in the same 
issue of the Federal Register of August 17, 2018 (83 FR 41039) (FRL-
9981-82), EPA issued proposed SNURs covering these 27 chemical 
substances. 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 and 
reopens a comment period. As such, the Agency

[[Page 51361]]

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 rules were discussed in the 
August 17, 2018 Federal Register (83 FR 40986). 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 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.

    Dated: October 2, 2018.
Lance Wormell,
Acting Director, Chemical Control Division, Office of Pollution 
Prevention and Toxics.

0
Accordingly, the amendments to 40 CFR parts 9 and 721 published on 
August 17, 2018 (83 FR 40986), are withdrawn effective October 11, 
2018.
[FR Doc. 2018-22194 Filed 10-10-18; 8:45 am]
 BILLING CODE 6560-50-P

51360 Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Rules and Regulations

An Intelligent Mail barcode is a [Delete the ‘‘POSTNET’’ line item in FOR FURTHER INFORMATION CONTACT: For
USPS-developed method to encode ZIP the Index.] technical information contact: Kenneth
Code information on mail that can be * * * * * Moss, Chemical Control Division
read for sorting by automated machines. We will publish an appropriate (7405M), Office of Pollution Prevention
Intelligent Mail barcodes also encode amendment to 39 CFR part 111 to reflect and Toxics, Environmental Protection
other tracking information. these changes. Agency, 1200 Pennsylvania Ave. NW,
[Delete 1.2, POSTNET Barcode, in its Washington, DC 20460–0001; telephone
Brittany M. Johnson, number: (202) 564–9232; email address:
entirety and renumber 1.3 through 1.6
Attorney, Federal Compliance. moss.kenneth@epa.gov.
as 1.2 through 1.5.]
[FR Doc. 2018–22107 Filed 10–10–18; 8:45 am] For general information contact: The
* * * * * TSCA-Hotline, ABVI-Goodwill, 422
BILLING CODE 7710–12–P
507 Mailer Services South Clinton Ave. Rochester, NY
14620; telephone number: (202) 554–
* * * * *
ENVIRONMENTAL PROTECTION 1404; email address: TSCA-Hotline@
4.0 Address Correction Services AGENCY epa.gov.
* * * * * SUPPLEMENTARY INFORMATION:
40 CFR Parts 9 and 721
4.2 Address Change Service (ACS) I. Does this action apply to me?
[EPA–HQ–OPPT–2017–0414; FRL–9984–71]
* * * * * A list of potentially affected entities is
RIN 2070–AB27 provided in the Federal Register of
4.2.6 Additional Standards—When August 17, 2018 (83 FR 40986) (FRL–
Using Intelligent Mail Barcodes Significant New Use Rules on Certain 9971–37). If you have questions
Chemical Substances; Withdrawal regarding the applicability of this action
* * * Mailpieces must meet the
following specifications: AGENCY: Environmental Protection to a particular entity, consult the
Agency (EPA). technical person listed under FOR
* * * * *
FURTHER INFORMATION CONTACT.
[Revise the text of item b to read as ACTION: Withdrawal of direct final rule.
follows:] II. What direct final SNURs are being
SUMMARY: EPA is withdrawing withdrawn?
b. Flat-size mailpieces may be mailed significant new use rules (SNURs)
at nonautomation or automation prices. promulgated under the Toxic In the Federal Register of August 17,
* * * * * Substances Control Act (TSCA) for 27 2018 (83 FR 40986) (FRL–9971–37),
chemical substances, which were the EPA issued direct final SNURs for 27
600 Basic Standards for All Mailing subject of premanufacture notices chemical substances that are identified
Services (PMNs). EPA published these SNURs in that document. Because the Agency
* * * * * using direct final rulemaking received adverse comments and a
procedures, which requires EPA to take request to extend the comment period
604 Postage Payment Methods and regarding the SNURs identified in the
certain actions if an adverse comment is
Refunds document, EPA is withdrawing the
received. EPA received adverse
* * * * * comments and a request to extend the direct final SNURS issued for these 27
comment period regarding the SNURs chemical substances, which were the
4.0 Postage Meters and PC Postage subject of PMNs. In addition to the
Products (‘‘Postage Evidencing identified in the direct final rule.
Therefore, the Agency is withdrawing direct final SNURs, elsewhere in the
Systems’’) same issue of the Federal Register of
the direct final rule SNURs identified in
* * * * * this document, as required under the August 17, 2018 (83 FR 41039) (FRL–
direct final rulemaking procedures. 9981–82), EPA issued proposed SNURs
4.3 Postage Payment covering these 27 chemical substances.
DATES: The direct final rule published at
* * * * * EPA will address all adverse public
83 FR 40986 on August 17, 2018, is
comments in a subsequent final rule,
4.3.3 Placement of Postage withdrawn effective October 11, 2018.
based on the proposed rule.
ADDRESSES: The docket for this action,
* * * When placing indicia on III. Good Cause Finding
mailpieces, position indicia at least 1⁄4 identified by docket identification (ID)
inch from the right edge of the number EPA–HQ–OPPT–2017–0414, is EPA determined that this document is
mailpiece and 1⁄4 inch from the top edge available at http://www.regulations.gov not subject to the 30-day delay of
of the mailpiece and as follows: or at the Office of Pollution Prevention effective date generally required by the
and Toxics Docket (OPPT Docket), Administrative Procedure Act (APA) (5
* * * * * Environmental Protection Agency U.S.C. 553(d)) because of the time
[Revise the text of item e to read as Docket Center (EPA/DC), West William limitations for publication in the
follows:] Jefferson Clinton Bldg., Rm. 3334, 1301 Federal Register. This document must
e. Do not allow the indicia to infringe Constitution Ave. NW, Washington, DC. publish on or before the effective date
on the areas reserved for the FIM, The Public Reading Room is open from of the direct final rule containing the
Intelligent Mail barcode, or optical 8:30 a.m. to 4:30 p.m., Monday through direct final SNURs being withdrawn.
character reader (OCR) clear zone. Friday, excluding legal holidays. The
khammond on DSK30JT082PROD with RULES

telephone number for the Public IV. Statutory and Executive Order
* * * * *
Reading Room is (202) 566–1744, and Reviews
Index the telephone number for the OPPT This action withdraws regulatory
* * * * * Docket is (202) 566–0280. Please review requirements that have not gone into
the visitor instructions and additional effect and which contain no new or
P information about the docket available amended requirements and reopens a
* * * * * at http://www.epa.gov/dockets. comment period. As such, the Agency

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Federal Register / Vol. 83, No. 197 / Thursday, October 11, 2018 / Rules and Regulations 51361

has determined that this action will not SUMMARY: The Environmental Protection I. Background
have any adverse impacts, economic or Agency (EPA) is approving Ohio’s On March 13, 2017, Ohio submitted
otherwise. The statutory and Executive revisions to its State Implementation revisions to the Ohio Administrative
Order review requirements applicable to Plan (SIP) for sulfur dioxide (SO2) under Code Chapter 3745–18 (OAC 3745–18),
the direct final rules were discussed in the Clean Air Act (CAA). These effective on February 16, 2017, for
the August 17, 2018 Federal Register revisions update facility information incorporation by EPA into the Ohio SO2
(83 FR 40986). Those review statewide and add new emission limits SIP. OAC 3745–18 contains Ohio’s air
requirements do not apply to this action for selected sources in Lake and emission regulations for SO2, which
because it is a withdrawal and does not Jefferson Counties. EPA proposed to include both generally applicable
contain any new or amended approve Ohio’s SIP revision request on requirements and specific SO2 emission
requirements. August 16, 2018. The revised limits for each Ohio county. The
V. Congressional Review Act (CRA) regulations do not impose additional revisions update facility information
emission restrictions except for certain statewide, remove obsolete emission
Pursuant to the Congressional Review site-specific provisions which have been
Act (5 U.S.C. 801 et seq.), EPA will limits, and add new emission limits for
included in response to Ohio’s selected sources in Lake and Jefferson
submit a report containing this rule and nonattainment area designations of
other required information to the U.S. Counties. On August 16, 2018 (83 FR
August 5, 2013. EPA received no 40723), EPA proposed to approve the
Senate, the U.S. House of adverse comments and is finalizing the
Representatives, and the Comptroller submitted revisions. EPA is taking no
approval. action on certain parts of OAC 3745–18–
General of the United States prior to
publication of the rule in the Federal This final rule is effective on
DATES: 04. EPA received no adverse public
Register. This action is not a ‘‘major November 13, 2018. comments on this proposal; see the
rule’’ as defined by 5 U.S.C. 804(2). discussion in section II below.
ADDRESSES: EPA has established a Ohio’s March 13, 2017 submittal
Section 808 of the CRA allows the docket for this action under Docket ID
issuing agency to make a rule effective included rules which Ohio had
No. EPA–R05–OAR–2017–0165. All developed to address CAA requirements
sooner than otherwise provided by CRA documents in the docket are listed on
if the agency makes a good cause for its 1-hour SO2 nonattainment areas.
the www.regulations.gov website. EPA proposed to approve the revised
finding that notice and public procedure Although listed in the index, some
is impracticable, unnecessary, or rules applicable to Ohio’s
information is not publicly available, nonattainment areas because these
contrary to the public interest. As i.e., Confidential Business Information
required by 5 U.S.C. 808(2), this revisions update and strengthen the
(CBI) or other information whose state’s SO2 SIP. See section II C of the
determination is supported by a brief disclosure is restricted by statute.
statement in Unit III. August 16, 2018 (83 FR 40723) notice of
Certain other material, such as proposed rulemaking. The approval of
List of Subjects copyrighted material, is not placed on these rules is not intended to address
the internet and will be publicly whether Ohio has fully satisfied EPA’s
40 CFR Part 9 available only in hard copy form. nonattainment planning requirements
Environmental protection, Reporting Publicly available docket materials are for the nonattainment areas. EPA
and recordkeeping requirements. available either through proposed to approve Ohio’s
www.regulations.gov or at the nonattainment plan for the Lake County
40 CFR Part 721
Environmental Protection Agency, nonattainment area on August 21, 2018
Environmental protection, Chemicals, Region 5, Air and Radiation Division, 77
Hazardous substances, Reporting and (83 FR 42235), and intends to address
West Jackson Boulevard, Chicago, nonattainment planning requirements
recordkeeping requirements. Illinois 60604. This facility is open from for the remaining nonattainment areas
Dated: October 2, 2018. 8:30 a.m. to 4:30 p.m., Monday through in subsequent actions.
Lance Wormell, Friday, excluding Federal holidays. We
Acting Director, Chemical Control Division, recommend that you telephone Mary II. Public Comment and EPA Response
Office of Pollution Prevention and Toxics. Portanova, Environmental Engineer, at The comment period on EPA’s August
■Accordingly, the amendments to 40 (312) 353–5954 before visiting the 16, 2018 (83 FR 40723) notice of
CFR parts 9 and 721 published on Region 5 office. proposed rulemaking closed on
August 17, 2018 (83 FR 40986), are FOR FURTHER INFORMATION CONTACT: September 17, 2018. EPA received one
withdrawn effective October 11, 2018. Mary Portanova, Environmental public comment, which generally
[FR Doc. 2018–22194 Filed 10–10–18; 8:45 am] Engineer, Control Strategies Section, Air supported EPA’s proposed action. This
BILLING CODE 6560–50–P Programs Branch (AR–18J), comment and EPA’s response are
Environmental Protection Agency, described below.
Region 5, 77 West Jackson Boulevard, Comment: The commenter stated that
ENVIRONMENTAL PROTECTION Chicago, Illinois 60604, (312) 353–5954, fewer emissions are better emissions,
AGENCY portanova.mary@epa.gov. and advocated the use of silicon for
harnessing energy in solar cells.
40 CFR Part 52 SUPPLEMENTARY INFORMATION:
EPA Response: The revised rules do
Throughout this document whenever represent a reduction in total SO2
[EPA–R05–OAR–2017–0165; FRL–9985–13–
Region 5] ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean emissions in Ohio. The remainder of
khammond on DSK30JT082PROD with RULES

EPA. This supplementary information this comment is beyond the scope of
Air Plan Approval; Ohio; Approval of section is arranged as follows: EPA’s action on Ohio’s submittal.
Sulfur Dioxide Regulations I. Background
III. What action is EPA taking?
AGENCY: Environmental Protection II. Public Comment and EPA Response
Agency (EPA). III. What Action is EPA Taking? EPA is approving Ohio’s March 13,
IV. Incorporation by Reference 2017 submittal of OAC 3745–18–01;
ACTION: Final rule.
V. Statutory and Executive Order Reviews OAC 3745–18–03; and OAC 3745–18–04

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Document Created: 2018-10-11 15:36:06
Document Modified: 2018-10-11 15:36:06

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 40986 on August 17, 2018, is withdrawn effective October 11, 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, DC 20460-0001; telephone number:
FR Citation		83 FR 51360
RIN Number		2070-AB27
CFR Citation		40 CFR 721 40 CFR 9
CFR Associated		Chemicals; Hazardous Substances; Environmental Protection and Reporting and Recordkeeping Requirements