83_FR_63301 83 FR 63066 - Significant New Use Rules on Certain Chemical Substances; Withdrawal

83 FR 63066 - Significant New Use Rules on Certain Chemical Substances; Withdrawal

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 235 (December 7, 2018)

Page Range63066-63067
FR Document2018-26686

EPA is withdrawing significant new use rules (SNURs) promulgated under the Toxic Substances Control Act (TSCA) for 28 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 235 (Friday, December 7, 2018)
[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Rules and Regulations]
[Pages 63066-63067]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26686]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2018-0649; FRL-9987-43]
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 28 
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 50838 on October 10, 
2018 (FRL-9984-65) is withdrawn effective December 7, 2018.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2018-0649, 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 10, 2018 (83 FR 50838) (FRL-9984-65). 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 10, 2018 (83 FR 50838) (FRL-
9984-65), EPA issued direct final SNURs for 28 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 28 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 10, 2018 (83 FR 50872) (FRL-9984-67), EPA issued proposed SNURs 
covering these 28 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

[[Page 63067]]

otherwise. The statutory and Executive Order review requirements 
applicable to the direct final rules were discussed in the October 10, 
2018 Federal Register (83 FR 50838). 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: November 30, 2018.
Lance Wormell,
Acting Director, Chemical Control Division, Office of Pollution 
Prevention and Toxics.

    Accordingly, the amendments to 40 CFR parts 9 and 721 published on 
October 10, 2018 (83 FR 50838), are withdrawn effective December 10, 
2018.

[FR Doc. 2018-26686 Filed 12-6-18; 8:45 am]
 BILLING CODE 6560-50-P



                                           63066             Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Rules and Regulations

                                           which the copyright owner was                              Dated: November 30, 2018.                             For technical information contact:
                                           identified and located, and for all other               Karyn A. Temple,                                      Kenneth Moss, Chemical Control
                                           accounting periods prior to the license                 Acting Register of Copyrights and Director            Division (7405M), Office of Pollution
                                           availability date, provide Monthly                      of the U.S. Copyright Office.                         Prevention and Toxics, Environmental
                                           Statements of Account and pay royalties                   Approved by:                                        Protection Agency, 1200 Pennsylvania
                                           to the copyright owner as a compulsory                                                                        Ave. NW, Washington, DC 20460–0001;
                                                                                                   Carla D. Hayden,
                                           licensee in accordance with this                                                                              telephone number: (202) 564–9232;
                                                                                                   Librarian of Congress.
                                           subpart; and                                                                                                  email address: moss.kenneth@epa.gov.
                                                                                                   [FR Doc. 2018–26579 Filed 12–6–18; 8:45 am]              For general information contact: The
                                              (iii) Beginning with the monthly                     BILLING CODE 1410–30–P                                TSCA-Hotline, ABVI-Goodwill, 422
                                           royalty reporting period commencing on
                                                                                                                                                         South Clinton Ave., Rochester, NY
                                           the license availability date, report
                                                                                                                                                         14620; telephone number: (202) 554–
                                           usage and pay royalties for such musical
                                                                                                   ENVIRONMENTAL PROTECTION                              1404; email address: TSCA-Hotline@
                                           work (or share thereof) for such
                                                                                                   AGENCY                                                epa.gov.
                                           reporting period and reporting periods
                                           thereafter to the mechanical licensing                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                   40 CFR Parts 9 and 721
                                           collective, as required under 17 U.S.C.                                                                       I. Does this action apply to me?
                                           115(d) and applicable regulations.                      [EPA–HQ–OPPT–2018–0649; FRL–9987–43]
                                                                                                                                                            A list of potentially affected entities is
                                              (3) If a copyright owner of an                       RIN 2070–AB27
                                                                                                                                                         provided in the Federal Register of
                                           unmatched musical work (or share                                                                              October 10, 2018 (83 FR 50838) (FRL–
                                           thereof) is not identified and located by               Significant New Use Rules on Certain
                                                                                                   Chemical Substances; Withdrawal                       9984–65). If you have questions
                                           the license availability date, the digital                                                                    regarding the applicability of this action
                                           music provider shall—                                   AGENCY: Environmental Protection                      to a particular entity, consult the
                                              (i) Not later than 45 calendar days                  Agency (EPA).                                         technical person listed under FOR
                                           after the license availability date,                    ACTION: Withdrawal of direct final rule.              FURTHER INFORMATION CONTACT.
                                           transfer all accrued royalties to the                                                                         II. What direct final SNURs are being
                                           mechanical licensing collective, such                   SUMMARY:   EPA is withdrawing
                                                                                                   significant new use rules (SNURs)                     withdrawn?
                                           payment to be accompanied by a
                                           cumulative statement of account that                    promulgated under the Toxic                              In the Federal Register of October 10,
                                           includes all of the information that                    Substances Control Act (TSCA) for 28                  2018 (83 FR 50838) (FRL–9984–65),
                                           would have been provided to the                         chemical substances, which were the                   EPA issued direct final SNURs for 28
                                           copyright owner had the digital music                   subject of premanufacture notices                     chemical substances that are identified
                                           provider been serving Monthly                           (PMNs). EPA published these SNURs                     in the document. Because the Agency
                                           Statements of Account as a compulsory                   using direct final rulemaking                         received adverse comments regarding
                                           licensee in accordance with this subpart                procedures, which requires EPA to take                the SNURs identified in the document,
                                           on the copyright owner from initial use                 certain actions if an adverse comment is              EPA is withdrawing the direct final
                                           of the work, accompanied by a                           received. EPA received adverse                        SNURs issued for these 28 chemical
                                           certification by a duly authorized officer              comments regarding the SNURs                          substances, which were the subject of
                                           of the digital music provider that the                  identified in the direct final rule.                  PMNs. In addition to the Direct Final
                                           digital music provider has fulfilled the                Therefore, the Agency is withdrawing                  SNURs, elsewhere in the same issue of
                                           requirements of 17 U.S.C.                               the direct final rule SNURs identified in             the Federal Register of October 10, 2018
                                           115(d)(10)(B)(i) and (ii) but has not been              this document, as required under the                  (83 FR 50872) (FRL–9984–67), EPA
                                           successful in locating or identifying the               direct final rulemaking procedures.                   issued proposed SNURs covering these
                                           copyright owner, and further including,                 DATES: The direct final rule published at             28 chemical substances. EPA will
                                           in addition to the information and                      83 FR 50838 on October 10, 2018 (FRL–                 address all adverse public comments in
                                           certification required by § 210.16, a                   9984–65) is withdrawn effective                       a subsequent final rule, based on the
                                           clear identification of the total period                December 7, 2018.                                     proposed rule.
                                           covered by the cumulative statement                     ADDRESSES: The docket for this action,                III. Good Cause Finding
                                           and the total royalty payable for the                   identified by docket identification (ID)                 EPA determined that this document is
                                           period; and                                             number EPA–HQ–OPPT–2018–0649, is                      not subject to the 30-day delay of
                                              (ii) Beginning with the monthly                      available at http://www.regulations.gov               effective date generally required by the
                                           royalty reporting period commencing on                  or at the Office of Pollution Prevention              Administrative Procedure Act (APA) (5
                                           the license availability date, report                   and Toxics Docket (OPPT Docket),                      U.S.C. 553(d)) because of the time
                                           usage and pay royalties for such musical                Environmental Protection Agency                       limitations for publication in the
                                           work (or share thereof) for such period                 Docket Center (EPA/DC), West William                  Federal Register. This document must
                                           and reporting periods thereafter to the                 Jefferson Clinton Bldg., Rm. 3334, 1301               publish on or before the effective date
                                           mechanical licensing collective, as                     Constitution Ave. NW, Washington, DC.                 of the direct final rule containing the
                                           required under 17 U.S.C. 115(d) and                     The Public Reading Room is open from                  direct final SNURs being withdrawn.
                                           applicable regulations.                                 8:30 a.m. to 4:30 p.m., Monday through
                                                                                                   Friday, excluding legal holidays. The                 IV. Statutory and Executive Order
                                           § 210.21 Record companies using                         telephone number for the Public                       Reviews
                                           individual download licenses.                           Reading Room is (202) 566–1744, and                      This action withdraws regulatory
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                                             A record company that obtains an                      the telephone number for the OPPT                     requirements that have not gone into
                                           individual download license under 17                    Docket is (202) 566–0280. Please review               effect and which contain no new or
                                           U.S.C. 115(b)(3) shall provide                          the visitor instructions and additional               amended requirements and reopens a
                                           statements of account and pay royalties                 information about the docket available                comment period. As such, the Agency
                                           as a compulsory licensee in accordance                  at http://www.epa.gov/dockets.                        has determined that this action will not
                                           with this subpart.                                      FOR FURTHER INFORMATION CONTACT:                      have any adverse impacts, economic or


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                                                             Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Rules and Regulations                                         63067

                                           otherwise. The statutory and Executive                  ACTION:   Final rule.                                 Protection Agency Region 5 (SR–6J), 77
                                           Order review requirements applicable to                                                                       West Jackson Boulevard, Chicago, IL
                                           the direct final rules were discussed in                SUMMARY:    The Environmental Protection              60604, (312) 886–6036, or via email at
                                           the October 10, 2018 Federal Register                   Agency (EPA) Region 5 announces the                   cano.randolph@epa.gov.
                                           (83 FR 50838). Those review                             partial deletion of all media at the 20-
                                           requirements do not apply to this action                acre Former Research Center Property of               SUPPLEMENTARY INFORMATION:      The
                                           because it is a withdrawal and does not                 the Beloit Corporation Superfund Site                 portion of the Beloit Corporation (Beloit
                                           contain any new or amended                              (Site), in Rockton, Illinois from the                 Corp.) Site to be deleted from the NPL
                                           requirements.                                           National Priorities List (NPL). The NPL,              is the Former Beloit Corp. Research
                                                                                                   promulgated pursuant to Section 105 of                Center Property, PIN 03–12–452–003,
                                           V. Congressional Review Act (CRA)                       the Comprehensive Environmental                       located at 1155 Prairie Hill Road, in
                                              Pursuant to the Congressional Review                 Response, Compensation, and Liability                 Rockton, Illinois. A Notice of Intent for
                                           Act (5 U.S.C. 801 et seq.), EPA will                    Act (CERCLA) of 1980, as amended, is                  Partial Deletion for the Beloit Corp. Site
                                           submit a report containing this rule and                an appendix of the National Oil and                   was published in the Federal Register
                                           other required information to the U.S.                  Hazardous Substances Pollution                        on July 16, 2018 (83 FR 32825). A Direct
                                           Senate, the U.S. House of                               Contingency Plan (NCP). The remainder                 final rule approving the deletion was
                                           Representatives, and the Comptroller                    of the Site will remain on the NPL and                concurrently published in the Federal
                                           General of the United States prior to                   is not being considered for deletion as               Register (83 FR 32798). The partial
                                           publication of the rule in the Federal                  part of this action. EPA and the State of             deletion was to automatically take effect
                                           Register. This action is not a ‘‘major                  Illinois through the Illinois                         on September 14, 2018, if no adverse
                                           rule’’ as defined by 5 U.S.C. 804(2).                   Environmental Protection Agency                       public comments were received.
                                           Section 808 of the CRA allows the                       (IEPA), have determined that all                         EPA was required to withdraw the
                                           issuing agency to make a rule effective                 appropriate response actions under                    Direct final rule of July 16, 2018 (83 FR
                                           sooner than otherwise provided by CRA                   CERCLA, other than operation and                      32826), effective September 14, 2018, to
                                           if the agency makes a good cause                        maintenance, monitoring and five-year                 prevent the Direct final rule from taking
                                           finding that notice and public procedure                reviews, have been completed.                         effect, because EPA did not provide
                                           is impracticable, unnecessary, or                       However, the deletion of this parcel                  timely notice of the publication of the
                                           contrary to the public interest. As                     does not preclude future actions under                Direct final rule through publication of
                                           required by 5 U.S.C. 808(2), this                       Superfund.                                            an advertisement in a local newspaper
                                           determination is supported by a brief                   DATES: This action is effective December              as required by EPA policy.
                                           statement in Unit III.                                  7, 2018.
                                                                                                                                                            The closing date for comments on the
                                           List of Subjects                                        ADDRESSES: EPA has established a                      Notice of Intent for Partial Deletion as
                                                                                                   docket for this action under Docket                   published in the Notice was August 15,
                                           40 CFR Part 9                                           Identification No. EPA–HQ–SFUND–                      2018. EPA informally extended the
                                             Environmental protection, Reporting                   1990–0011. All documents in the docket                public comment period until October
                                           and recordkeeping requirements.                         are listed on the https://                            15, 2018, through advertisements
                                           40 CFR Part 721                                         www.regulations.gov website. Although                 published in two local newspapers, The
                                                                                                   listed in the index, some information                 Rockton Hearld and The Rockford
                                             Environmental protection, Chemicals,                  may not be publicly available, i.e.,
                                           Hazardous substances, Reporting and                                                                           Register Star on September 13, 2018.
                                                                                                   Confidential Business Information or
                                           recordkeeping requirements.                             other information whose disclosure is                    EPA received one public comment on
                                                                                                   restricted by statute. Certain other                  the partial deletion. Upon review of the
                                             Dated: November 30, 2018.
                                                                                                   material, such as copyrighted material,               comment, EPA finds that the comment
                                           Lance Wormell,
                                                                                                   is not placed on the internet and will be             is not related to the rule-making, is not
                                           Acting Director, Chemical Control Division,                                                                   site-specific and, as such, is not adverse.
                                           Office of Pollution Prevention and Toxics.              publicly available only in hard copy
                                                                                                   form. Publicly available docket                       Therefore, EPA Region 5 is proceeding
                                             Accordingly, the amendments to 40                     materials are available either                        with the partial deletion of the Beloit
                                           CFR parts 9 and 721 published on                        electronically through https://                       Corp. Site. EPA prepared a
                                           October 10, 2018 (83 FR 50838), are                     www.regulations.gov or in hard copy at                memorandum responding to the public
                                           withdrawn effective December 10, 2018.                  the site information repositories.                    comment and placed the memorandum
                                           [FR Doc. 2018–26686 Filed 12–6–18; 8:45 am]             Locations, contacts, phone numbers and                in the docket, EPA–HQ–SFUND–1990–
                                           BILLING CODE 6560–50–P                                  viewing hours are:                                    0011, on www.regulations.gov, and in
                                                                                                      U.S. Environmental Protection                      the local information repositories listed
                                                                                                   Agency, Region 5, Superfund Records                   above.
                                           ENVIRONMENTAL PROTECTION                                Center, 77 West Jackson Boulevard, 7th                   EPA maintains the NPL as the list of
                                           AGENCY                                                  Floor South, Chicago, IL 60604, Phone:                sites that appear to present a significant
                                                                                                   (312) 886–0900, Hours: Monday through                 risk to public health, welfare, or the
                                           40 CFR Part 300
                                                                                                   Friday, 8 a.m. to 4 p.m., excluding                   environment. Deletion of a site from the
                                           [EPA–HQ–SFUND–1990–0011; FRL–9987–                      Federal holidays.                                     NPL does not preclude further remedial
                                           05–Region 5]                                               Talcott Free Library, 101 East Main                action. Whenever there is a significant
                                                                                                   Street, Rockton, IL 61072, Phone: (815)               release from a site deleted from the NPL,
                                           National Oil and Hazardous                              624–7511, Hours: Monday, Tuesday and                  the deleted site may be restored to the
amozie on DSK3GDR082PROD with RULES




                                           Substances Pollution Contingency                        Thursday, 9:00 a.m. to 8:00 p.m.,                     NPL without application of the hazard
                                           Plan; National Priorities List: Partial                 Wednesday and Friday 9 a.m. to 5:30                   ranking system. Deletion of portions of
                                           Deletion of the Beloit Corporation                      p.m., and Saturday 9 a.m. to 3 p.m.                   a site from the NPL does not affect
                                           Superfund Site
                                                                                                   FOR FURTHER INFORMATION CONTACT:                      responsible party liability, in the
                                           AGENCY: Environmental Protection                        Randolph Cano, NPL Deletion                           unlikely event that future conditions
                                           Agency (EPA).                                           Coordinator, U.S. Environmental                       warrant further actions.


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Document Created: 2018-12-07 01:52:52
Document Modified: 2018-12-07 01:52:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionWithdrawal of direct final rule.
DatesThe direct final rule published at 83 FR 50838 on October 10, 2018 (FRL-9984-65) is withdrawn effective December 7, 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,
FR Citation83 FR 63066 
RIN Number2070-AB27
CFR Citation40 CFR 721
40 CFR 9
CFR AssociatedChemicals; Hazardous Substances; Environmental Protection and Reporting and Recordkeeping Requirements

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