83 FR 54031 - Significant New Use Rules on Certain Chemical Substances; Withdrawal

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 208 (October 26, 2018)

Page Range		54031-54032
FR Document		2018-23574

EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for 19 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 208 (Friday, October 26, 2018)

[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)]
[Rules and Regulations]
[Pages 54031-54032]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23574]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2017-0464; FRL-9985-55]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances; 
Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is withdrawing significant new use rules (SNURs) 
promulgated under the Toxic Substances Control Act (TSCA) for 19 
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 43538 on August 27, 
2018, is withdrawn effective October 26, 2018.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2017-0464 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?

    A list of potentially affected entities is provided in the Federal 
Register of August 27, 2018 (83 FR 43538) (FRL-9982-24). 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 27, 2018 (83 FR 43538) (FRL-9982-
24), EPA issued direct final SNURs for 19 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 19 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 27, 2018 (83 FR 43538) (FRL-
9982-24), EPA issued proposed SNURs covering these 19 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 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 27, 2018 Federal 
Register (83 FR 43538). 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.


[[Page 54032]]


    Dated: October 17, 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 27, 2018 (83 FR 43538), are withdrawn effective October 26, 
2018.

[FR Doc. 2018-23574 Filed 10-25-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Rules and Regulations 54031

the use of feedstock, when DATES: The direct final rule published at covering these 19 chemical substances.
circumvention is accomplished solely 83 FR 43538 on August 27, 2018, is EPA will address all adverse public
for the purpose of using alternative withdrawn effective October 26, 2018. comments in a subsequent final rule,
feedstock and not for the purpose of ADDRESSES: The docket for this action, based on the proposed rule.
accessing design software, design files, identified by docket identification (ID) III. Good Cause Finding
or proprietary data. number EPA–HQ–OPPT–2017–0464 is
(c) Persons who may initiate available at http://www.regulations.gov EPA determined that this document is
circumvention. To the extent authorized or at the Office of Pollution Prevention not subject to the 30-day delay of
under paragraph (b) of this section, the and Toxics Docket (OPPT Docket), effective date generally required by the
circumvention of a technological Environmental Protection Agency Administrative Procedure Act (APA) (5
measure that restricts wireless Docket Center (EPA/DC), West William U.S.C. 553(d)) because of the time
telephone handsets or other wireless Jefferson Clinton Bldg., Rm. 3334, 1301 limitations for publication in the
devices from connecting to a wireless Constitution Ave. NW, Washington, DC. Federal Register. This document must
telecommunications network may be The Public Reading Room is open from publish on or before the effective date
initiated by the owner of any such 8:30 a.m. to 4:30 p.m., Monday through of the direct final rule containing the
handset or other device, by another Friday, excluding legal holidays. The direct final SNURs being withdrawn.
person at the direction of the owner, or telephone number for the Public
by a provider of a commercial mobile IV. Statutory and Executive Order
Reading Room is (202) 566–1744, and
radio service or a commercial mobile Reviews
the telephone number for the OPPT
data service at the direction of such Docket is (202) 566–0280. Please review This action withdraws regulatory
owner or other person, solely in order the visitor instructions and additional requirements that have not gone into
to enable such owner or a family information about the docket available effect and which contain no new or
member of such owner to connect to a at http://www.epa.gov/dockets. amended requirements and reopens a
wireless telecommunications network, FOR FURTHER INFORMATION CONTACT: For comment period. As such, the Agency
when such connection is authorized by technical information contact: Kenneth has determined that this action will not
the operator of such network. Moss, Chemical Control Division have any adverse impacts, economic or
Dated: October 19, 2018.
(7405M), Office of Pollution Prevention otherwise. The statutory and Executive
and Toxics, Environmental Protection Order review requirements applicable to
Carla D. Hayden,
Agency, 1200 Pennsylvania Ave. NW, the direct final rules were discussed in
Librarian of Congress Washington, DC 20460–0001; telephone the August 27, 2018 Federal Register
[FR Doc. 2018–23241 Filed 10–25–18; 8:45 am] number: (202) 564–9232; email address: (83 FR 43538). Those review
BILLING CODE 1410–30–P
moss.kenneth@epa.gov. requirements do not apply to this action
For general information contact: The because it is a withdrawal and does not
TSCA-Hotline, ABVI-Goodwill, 422 contain any new or amended
South Clinton Ave., Rochester, NY requirements.
ENVIRONMENTAL PROTECTION 14620; telephone number: (202) 554–
AGENCY 1404; email address: TSCA-Hotline@ V. Congressional Review Act (CRA)
epa.gov. Pursuant to the Congressional Review
40 CFR Parts 9 and 721 Act (5 U.S.C. 801 et seq.), EPA will
SUPPLEMENTARY INFORMATION:
submit a report containing this rule and
[EPA–HQ–OPPT–2017–0464; FRL–9985–55] I. Does this action apply to me? other required information to the U.S.
A list of potentially affected entities is Senate, the U.S. House of
RIN 2070–AB27
provided in the Federal Register of Representatives, and the Comptroller
Significant New Use Rules on Certain August 27, 2018 (83 FR 43538) (FRL– General of the United States prior to
Chemical Substances; Withdrawal 9982–24). If you have questions publication of the rule in the Federal
regarding the applicability of this action Register. This action is not a ‘‘major
AGENCY: Environmental Protection to a particular entity, consult the rule’’ as defined by 5 U.S.C. 804(2).
Agency (EPA). technical person listed under FOR Section 808 of the CRA allows the
ACTION: Withdrawal of direct final rule. FURTHER INFORMATION CONTACT. issuing agency to make a rule effective
II. What direct final SNURs are being sooner than otherwise provided by CRA
SUMMARY: EPA is withdrawing if the agency makes a good cause
significant new use rules (SNURs) withdrawn?
finding that notice and public procedure
promulgated under the Toxic In the Federal Register of August 27, is impracticable, unnecessary, or
Substances Control Act (TSCA) for 19 2018 (83 FR 43538) (FRL–9982–24), contrary to the public interest. As
chemical substances, which were the EPA issued direct final SNURs for 19 required by 5 U.S.C. 808(2), this
subject of premanufacture notices chemical substances that are identified determination is supported by a brief
(PMNs). EPA published these SNURs in that document. Because the Agency statement in Unit III.
using direct final rulemaking received adverse comments and a
procedures, which requires EPA to take request to extend the comment period List of Subjects
certain actions if an adverse comment is regarding the SNURs identified in the 40 CFR Part 9
received. EPA received adverse document, EPA is withdrawing the
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comments and a request to extend the direct final SNURS issued for these 19 Environmental protection, Reporting
comment period regarding the SNURs chemical substances, which were the and recordkeeping requirements.
identified in the direct final rule. subject of PMNs. In addition to the 40 CFR Part 721
Therefore, the Agency is withdrawing Direct Final SNURs, elsewhere in the
the direct final rule SNURs identified in same issue of the Federal Register of Environmental protection, Chemicals,
this document, as required under the August 27, 2018 (83 FR 43538) (FRL– Hazardous substances, Reporting and
direct final rulemaking procedures. 9982–24), EPA issued proposed SNURs recordkeeping requirements.

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54032 Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Rules and Regulations

Dated: October 17, 2018. FOR FURTHER INFORMATION CONTACT: For has determined that this action will not
Lance Wormell, technical information contact: Kenneth have any adverse impacts, economic or
Acting Director, Chemical Control Division, Moss, Chemical Control Division otherwise. The statutory and Executive
Office of Pollution Prevention and Toxics. (7405M), Office of Pollution Prevention Order review requirements applicable to
■Accordingly, the amendments to 40 and Toxics, Environmental Protection the direct final rules were discussed in
CFR parts 9 and 721 published on Agency, 1200 Pennsylvania Ave. NW, the August 27, 2018 Federal Register
August 27, 2018 (83 FR 43538), are Washington, DC 20460–0001; telephone (83 FR 43527). Those review
withdrawn effective October 26, 2018. number: (202) 564–9232; email address: requirements do not apply to this action
moss.kenneth@epa.gov. because it is a withdrawal and does not
[FR Doc. 2018–23574 Filed 10–25–18; 8:45 am] For general information contact: The contain any new or amended
BILLING CODE 6560–50–P TSCA-Hotline, ABVI-Goodwill, 422 requirements.
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554– V. Congressional Review Act (CRA)
ENVIRONMENTAL PROTECTION 1404; email address: TSCA-Hotline@ Pursuant to the Congressional Review
AGENCY epa.gov. Act (5 U.S.C. 801 et seq.), EPA will
40 CFR Parts 9 and 721 SUPPLEMENTARY INFORMATION: submit a report containing this rule and
other required information to the U.S.
[EPA–HQ–OPPT–2017–0560; FRL–9985–56] I. Does this action apply to me? Senate, the U.S. House of
A list of potentially affected entities is Representatives, and the Comptroller
RIN 2070–AB27
provided in the Federal Register of General of the United States prior to
Significant New Use Rules on Certain August 27, 2018 (83 FR 43527) (FRL– publication of the rule in the Federal
Chemical Substances; Withdrawal 9982–77). If you have questions Register. This action is not a ‘‘major
regarding the applicability of this action rule’’ as defined by 5 U.S.C. 804(2).
AGENCY: Environmental Protection to a particular entity, consult the Section 808 of the CRA allows the
Agency (EPA). technical person listed under FOR issuing agency to make a rule effective
ACTION: Withdrawal of direct final rule. FURTHER INFORMATION CONTACT. sooner than otherwise provided by CRA
II. What direct final SNURs are being if the agency makes a good cause
SUMMARY: EPA is withdrawing finding that notice and public procedure
withdrawn?
significant new use rules (SNURs) is impracticable, unnecessary, or
promulgated under the Toxic In the Federal Register of August 27, contrary to the public interest. As
Substances Control Act (TSCA) for 10 2018 (83 FR 43527) (FRL–9982–77), required by 5 U.S.C. 808(2), this
chemical substances, which were the EPA issued direct final SNURs for 10 determination is supported by a brief
subject of premanufacture notices chemical substances that are identified statement in Unit III.
(PMNs). EPA published these SNURs in that document. Because the Agency
using direct final rulemaking received adverse comments and a List of Subjects
procedures, which requires EPA to take request to extend the comment period 40 CFR Part 9
certain actions if an adverse comment is regarding the SNURs identified in the
document, EPA is withdrawing the Environmental protection, Reporting
received. EPA received adverse
direct final SNURS issued for these 10 and recordkeeping requirements.
comments and a request to extend the
comment period regarding the SNURs chemical substances, which were the 40 CFR Part 721
identified in the direct final rule. subject of PMNs. In addition to the
Direct Final SNURs, elsewhere in the Environmental protection, Chemicals,
Therefore, the Agency is withdrawing Hazardous substances, Reporting and
the direct final rule SNURs identified in same issue of the Federal Register of
August 27, 2018 (83 FR 43527) (FRL– recordkeeping requirements.
this document, as required under the
direct final rulemaking procedures. 9982–77), EPA issued proposed SNURs Dated: October 17, 2018.
DATES: The direct final rule published at
covering these 10 chemical substances. Lance Wormell,
83 FR 43527 on August 27, 2018, is EPA will address all adverse public Acting Director, Chemical Control Division,
withdrawn effective October 26, 2018. comments in a subsequent final rule, Office of Pollution Prevention and Toxics.
based on the proposed rule. ■Accordingly, the amendments to 40
ADDRESSES: The docket for this action,
identified by docket identification (ID) III. Good Cause Finding CFR parts 9 and 721 published on
number EPA–HQ–OPPT–2017–0560, is August 27, 2018 (83 FR 43527), are
EPA determined that this document is
available at http://www.regulations.gov withdrawn effective October 26, 2018.
not subject to the 30-day delay of
or at the Office of Pollution Prevention effective date generally required by the [FR Doc. 2018–23582 Filed 10–25–18; 8:45 am]
and Toxics Docket (OPPT Docket), Administrative Procedure Act (APA) (5 BILLING CODE 6560–50–P
Environmental Protection Agency U.S.C. 553(d)) because of the time
Docket Center (EPA/DC), West William limitations for publication in the
Jefferson Clinton Bldg., Rm. 3334, 1301 Federal Register. This document must ENVIRONMENTAL PROTECTION
Constitution Ave. NW, Washington, DC. publish on or before the effective date AGENCY
The Public Reading Room is open from of the direct final rule containing the
8:30 a.m. to 4:30 p.m., Monday through 40 CFR Part 52
direct final SNURs being withdrawn.
Friday, excluding legal holidays. The
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telephone number for the Public IV. Statutory and Executive Order [NC–2018; FRL–9974–83–Region 4]
Reading Room is (202) 566–1744, and Reviews
Air Plan Approval; North Carolina;
the telephone number for the OPPT This action withdraws regulatory Update to Materials Incorporated by
Docket is (202) 566–0280. Please review requirements that have not gone into Reference
the visitor instructions and additional effect and which contain no new or
information about the docket available amended requirements and reopens a AGENCY: Environmental Protection
at http://www.epa.gov/dockets. comment period. As such, the Agency Agency (EPA).

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Document Created: 2018-10-26 02:27:04
Document Modified: 2018-10-26 02:27:04

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 43538 on August 27, 2018, is withdrawn effective October 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, DC 20460-0001; telephone number:
FR Citation		83 FR 54031
RIN Number		2070-AB27
CFR Citation		40 CFR 721 40 CFR 9
CFR Associated		Chemicals; Hazardous Substances; Environmental Protection and Reporting and Recordkeeping Requirements