83 FR 62463 - Significant New Use Rules on Certain Chemical Substances; Withdrawal

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 233 (December 4, 2018)

Page Range		62463-62464
FR Document		2018-26358

EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for 26 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 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 233 (Tuesday, December 4, 2018)

[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62463-62464]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26358]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2018-0627; FRL-9986-74]
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 26 
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 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 49806 on October 3, 
2018 (FRL-9983-82) is withdrawn effective December 3, 2018.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2018-0627, 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 October 3, 2018 (83 FR 49806) (FRL-9983-82). 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 October 3, 2018 (83 FR 49806) (FRL-9983-
82), EPA issued direct final SNURs for 26 chemical substances that are 
identified in the document. Because the Agency received adverse 
comments regarding the SNURs identified in the document, EPA is 
withdrawing the direct final SNURs issued for these 26 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 
October 3, 2018 (83 FR 49903) (FRL-9983-81), EPA issued proposed SNURs 
covering these 26 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 October 3, 2018 Federal 
Register (83 FR 49806). 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.

[[Page 62464]]

40 CFR Part 721

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

    Dated: November 19, 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 
October 3, 2018 (83 FR 49806), are withdrawn effective December 3, 
2018.

[FR Doc. 2018-26358 Filed 12-3-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations 62463

from the date of the State VR agency’s received. EPA received adverse SNURs issued for these 26 chemical
appeal. The decision by the comments regarding the SNURs substances, which were the subject of
Commissioner will be final and identified in the direct final rule. PMNs. In addition to the Direct Final
conclusive upon the State VR agency Therefore, the Agency is withdrawing SNURs, elsewhere in the same issue of
unless the State VR agency appeals that the direct final rule SNURs identified in the Federal Register of October 3, 2018
decision in writing in accordance with this document, as required under the (83 FR 49903) (FRL–9983–81), EPA
45 CFR part 16 to the Department of direct final rulemaking procedures. issued proposed SNURs covering these
Health and Human Services’ DATES: The direct final rule published at 26 chemical substances. EPA will
Departmental Appeals Board within 30 83 FR 49806 on October 3, 2018 (FRL– address all adverse public comments in
days after receiving the Commissioner’s 9983–82) is withdrawn effective a subsequent final rule, based on the
decision. December 3, 2018. proposed rule.
* * * * * ADDRESSES: The docket for this action, III. Good Cause Finding
(c) Disputes on determinations made identified by docket identification (ID)
by the Commissioner which affect a number EPA–HQ–OPPT–2018–0627, is EPA determined that this document is
disabled or blind beneficiary’s rights to available at http://www.regulations.gov not subject to the 30-day delay of
benefits. Determinations made by the or at the Office of Pollution Prevention effective date generally required by the
Commissioner which affect an and Toxics Docket (OPPT Docket), Administrative Procedure Act (APA) (5
individual’s right to benefits (e.g., Environmental Protection Agency U.S.C. 553(d)) because of the time
determinations that disability or Docket Center (EPA/DC), West William limitations for publication in the
blindness benefits should be terminated, Jefferson Clinton Bldg., Rm. 3334, 1301 Federal Register. This document must
denied, suspended, continued or begun Constitution Ave. NW, Washington, DC. publish on or before the effective date
at a different date than alleged) cannot The Public Reading Room is open from of the direct final rule containing the
be appealed by a State VR agency. 8:30 a.m. to 4:30 p.m., Monday through direct final SNURs being withdrawn.
Because these determinations are an Friday, excluding legal holidays. The IV. Statutory and Executive Order
integral part of the disability or telephone number for the Public Reviews
blindness benefits claims process, they Reading Room is (202) 566–1744, and
can only be appealed by the beneficiary the telephone number for the OPPT This action withdraws regulatory
or applicant whose rights are affected or Docket is (202) 566–0280. Please review requirements that have not gone into
by his or her authorized representative. the visitor instructions and additional effect and which contain no new or
However, if an appeal of an unfavorable information about the docket available amended requirements and reopens a
determination is made by the individual at http://www.epa.gov/dockets. comment period. As such, the Agency
and is successful, the new has determined that this action will not
FOR FURTHER INFORMATION CONTACT:
determination would also apply for For technical information contact: have any adverse impacts, economic or
purposes of this subpart. While a VR Kenneth Moss, Chemical Control otherwise. The statutory and Executive
agency cannot appeal a determination Division (7405M), Office of Pollution Order review requirements applicable to
made by the Commissioner which Prevention and Toxics, Environmental the direct final rules were discussed in
affects a beneficiary’s or applicant’s Protection Agency, 1200 Pennsylvania the October 3, 2018 Federal Register (83
rights, the VR agency can furnish any Ave. NW, Washington, DC 20460–0001; FR 49806). Those review requirements
evidence it may have which would telephone number: (202) 564–9232; do not apply to this action because it is
support a revision of a determination. email address: moss.kenneth@epa.gov. a withdrawal and does not contain any
[FR Doc. 2018–26231 Filed 12–3–18; 8:45 am] For general information contact: The new or amended requirements.
BILLING CODE 4191–02–P TSCA-Hotline, ABVI-Goodwill, 422 V. Congressional Review Act (CRA)
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554– Pursuant to the Congressional Review
1404; email address: TSCA-Hotline@ Act (5 U.S.C. 801 et seq.), EPA will
ENVIRONMENTAL PROTECTION submit a report containing this rule and
AGENCY epa.gov.
other required information to the U.S.
SUPPLEMENTARY INFORMATION: Senate, the U.S. House of
40 CFR Parts 9 and 721
I. Does this action apply to me? Representatives, and the Comptroller
[EPA–HQ–OPPT–2018–0627; FRL–9986–74] General of the United States prior to
A list of potentially affected entities is publication of the rule in the Federal
RIN 2070–AB27 provided in the Federal Register of Register. This action is not a ‘‘major
October 3, 2018 (83 FR 49806) (FRL– rule’’ as defined by 5 U.S.C. 804(2).
Significant New Use Rules on Certain
9983–82). If you have questions Section 808 of the CRA allows the
Chemical Substances; Withdrawal
regarding the applicability of this action issuing agency to make a rule effective
AGENCY: Environmental Protection to a particular entity, consult the sooner than otherwise provided by CRA
Agency (EPA). technical person listed under FOR if the agency makes a good cause
ACTION: Withdrawal of direct final rule. FURTHER INFORMATION CONTACT.
finding that notice and public procedure
SUMMARY: EPA is withdrawing II. What direct final SNURs are being is impracticable, unnecessary, or
significant new use rules (SNURs) withdrawn? contrary to the public interest. As
promulgated under the Toxic In the Federal Register of October 3, required by 5 U.S.C. 808(2), this
Substances Control Act (TSCA) for 26 2018 (83 FR 49806) (FRL–9983–82), determination is supported by a brief
chemical substances, which were the EPA issued direct final SNURs for 26 statement in Unit III.
subject of premanufacture notices chemical substances that are identified List of Subjects
(PMNs). EPA published these SNURs in the document. Because the Agency
using direct final rulemaking received adverse comments regarding 40 CFR Part 9
procedures, which requires EPA to take the SNURs identified in the document, Environmental protection, Reporting
certain actions if an adverse comment is EPA is withdrawing the direct final and recordkeeping requirements.

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62464 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations

40 CFR Part 721 material, such as copyrighted material, variance’’ or ‘‘director’s discretion’’ that
Environmental protection, Chemicals, is not placed on the internet and will be purport to permit revisions to SIP-
Hazardous substances, Reporting and publicly available only in hard copy approved emissions limits with limited
recordkeeping requirements. form. Publicly available docket public process or without requiring
materials are available at https:// further approval by EPA, that may be
Dated: November 19, 2018. www.regulations.gov or at the U.S. contrary to the CAA (‘‘director’s
Lance Wormell, Environmental Protection Agency, EPA discretion’’); and, (iii) existing
Acting Director, Chemical Control Division, New England Regional Office, Office of provisions for Prevention of Significant
Office of Pollution Prevention and Toxics. Ecosystem Protection, Air Quality Deterioration (PSD) programs that may
■Accordingly, the amendments to 40 Planning Unit, 5 Post Office Square– be inconsistent with current
CFR parts 9 and 721 published on Suite 100, Boston, MA. EPA requests requirements of EPA’s ‘‘Final New
October 3, 2018 (83 FR 49806), are that if at all possible, you contact the Source Review (NSR) Improvement
withdrawn effective December 3, 2018. contact listed in the FOR FURTHER Rule,’’ 67 FR 80186 (December 31,
INFORMATION CONTACT section to 2002), as amended by 72 FR 32526 (June
[FR Doc. 2018–26358 Filed 12–3–18; 8:45 am]
schedule your inspection. The Regional 13, 2007) (‘‘NSR Reform’’). Instead, EPA
BILLING CODE 6560–50–P has the authority to address each of
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to these substantive areas separately. A
4:30 p.m., excluding legal holidays. detailed history, interpretation, and
ENVIRONMENTAL PROTECTION rationale for EPA’s approach to
AGENCY FOR FURTHER INFORMATION CONTACT:
Alison C. Simcox, Air Quality Unit, U.S. infrastructure SIP requirements can be
40 CFR Part 52 Environmental Protection Agency, EPA found in EPA’s May 13, 2014, proposed
New England Regional Office, 5 Post rule entitled, ‘‘Infrastructure SIP
[EPA–R01–OAR–2017–0344; FRL–9986–82– Requirements for the 2008 Lead
Region 1]
Office Square–Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912, tel. NAAQS’’ in the section, ‘‘What is the
(617) 918–1684; simcox.alison@epa.gov. scope of this rulemaking?’’ See 79 FR
Air Plan Approval; New Hampshire; 27241 at 27242–45.
Infrastructure State Implementation SUPPLEMENTARY INFORMATION:
The rationale for EPA’s proposed
Plan Requirements for the 2012 PM2.5 Throughout this document whenever action is explained in the NPRM and
NAAQS ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean will not be restated here.
EPA.
AGENCY: Environmental Protection II. Response to Comments
Agency (EPA). Table of Contents
EPA received six sets of comments
ACTION: Final rule. I. Background and Purpose during the comment period. Only one
II. Response to Comments
SUMMARY: The Environmental Protection set includes significant, adverse
III. Final Action
Agency (EPA) is approving two State IV. Statutory and Executive Order Reviews comment, and it relates solely to section
Implementation Plan (SIP) submissions 110(a)(2)(K) of the Act (regarding air
from New Hampshire that address the I. Background and Purpose quality modeling and data). In the
infrastructure SIP requirements, On April 10, 2018 (83 FR 15343), EPA NPRM, EPA proposed to approve
including the interstate transport published a Notice of Proposed NHDES’ submissions for the 2012 PM2.5
requirements, of the Clean Air Act (CAA Rulemaking (NPRM) for the State of NAAQS for the infrastructure
or Act) for the 2012 fine particle (PM2.5) New Hampshire. The NPRM proposed requirements of Section 110(a)(2)(A)
National Ambient Air Quality Standards approval of two SIP submissions from through (M), including (K). In this
(NAAQS). The approval does not the New Hampshire Department of rulemaking, EPA is finalizing the
address CAA section 110(a)(2)(K) Environmental Services (NHDES), approval of New Hampshire’s
(regarding air quality modeling and which included an infrastructure SIP submissions for the infrastructure
data), which EPA will address in a later submission for the 2012 fine particle requirements of section 110(a)(2)(A)
rulemaking. The infrastructure SIP (PM2.51) National Ambient Air Quality through (M), except (K). EPA will take
requirements are designed to ensure that Standard (NAAQS) submitted by the separate action at a later date addressing
the structural components of each state on December 22, 2015, and a these comments and the section
state’s air quality management program separate SIP submission addressing the 110(a)(2)(K) requirements for New
are adequate to meet the state’s ‘‘Good Neighbor’’ (or ‘‘transport’’) Hampshire’s infrastructure SIP
responsibilities with respect to this provisions for the 2012 PM2.5 NAAQS submissions for the 2012 PM2.5 NAAQS.
NAAQS under the CAA, including the (Section 110(a)(2)(D)(i)(I) of the CAA) The other five sets of comments we
obligations related to transport. The submitted by the state on June 8, 2016. received all discuss subjects outside the
EPA is taking this action under the This rulemaking does not cover three scope of an infrastructure SIP action, do
Clean Air Act. substantive areas that are not integral to not explain (or provide a legal basis for)
acting on a state’s infrastructure SIP how the proposed action should differ
DATES: This rule is effective on January
submission: (i) Existing provisions in any way, and, indeed, make no
3, 2019. specific mention of the proposed action.
related to excess emissions during
ADDRESSES: EPA has established a Consequently, those five sets of
periods of start-up, shutdown, or
docket for this action under Docket malfunction at sources (‘‘SSM’’ comments are not germane to this
Identification No. EPA–R01–OAR– emissions) that may be contrary to the rulemaking and require no further
2017–0344. All documents in the docket CAA and EPA’s policies addressing response.
are listed on the https:// such excess emissions; (ii) existing
www.regulations.gov website. Although III. Final Action
provisions related to ‘‘director’s
listed in the index, some information is EPA is approving New Hampshire’s
not publicly available, i.e., CBI or other 1 PM December 2015 and June 2016
2.5 refers to particulate matter of 2.5 microns
information whose disclosure is or less in diameter, often referred to as ‘‘fine’’ infrastructure SIP submissions for the
restricted by statute. Certain other particles. 2012 PM2.5 NAAQS, except for Section

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Document Created: 2018-12-04 00:42:32
Document Modified: 2018-12-04 00:42:32

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 49806 on October 3, 2018 (FRL-9983-82) is withdrawn effective December 3, 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 62463
RIN Number		2070-AB27
CFR Citation		40 CFR 721 40 CFR 9
CFR Associated		Chemicals; Hazardous Substances; Environmental Protection and Reporting and Recordkeeping Requirements