[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12248-12250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03064]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 723

[EPA-HQ-OPPT-2021-0419; FRL-11729-01-OCSPP]
RIN 2070-AK68


Toxic Substances Control Act (TSCA) Requirements for Polymer 
Exemption Reports and Accompanying Claims; Extension of the Reporting 
Deadline for 2024

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is amending the 
Toxic Substances Control Act (TSCA) regulations for polymers 
manufactured under the terms of the polymer exemption by extending the 
submission deadline for reporting. The regulations require that 
manufacturers (includes importers) of polymers manufactured under the 
terms of the exemption submit a report of manufacture or import by 
January 31 of the year subsequent to initial manufacture. On June 7, 
2023, EPA amended the exemption reporting requirement to require that 
the exemption report and accompanying confidentiality claims be 
submitted electronically. Because EPA experienced technical 
difficulties with the launch of the new electronic reporting tool, EPA 
is extending the reporting period for 2024 from January 31 to March 31 
to allow manufacturers additional time to submit their reports and 
accompanying claims to EPA using the electronic reporting tool.

DATES: This final rule is effective on February 16, 2024.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2021-0419, is available online 
at https://www.regulations.gov. Additional information about dockets 
generally, along with instructions for visiting the docket in-person, 
is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Loraine Passe, New Chemicals 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 564-9064; email address: 
<a href="/cdn-cgi/l/email-protection#e19180929284cf8d8e9380888f84a1849180cf868e97"><span class="__cf_email__" data-cfemail="4e3e2f3d3d2b6022213c2f27202b0e2b3e2f60292138">[email protected]</span></a>.
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: <a href="/cdn-cgi/l/email-protection#21757262600c694e554d484f44614451400f464e57"><span class="__cf_email__" data-cfemail="07535444462a4f68736b6e69624762776629606871">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you were a 
manufacturer or importer of a polymer under the terms of the polymer 
exemption in 2023. The following list of North American Industrial 
Classification System (NAICS) codes is not intended to be exhaustive 
but rather provides a guide to help readers determine whether this 
document applies to them. Potentially affected entities may include:
    <bullet> Chemical Manufacturers (NAICS code 325).
    <bullet> Petroleum and Coal Products (NAICS code 324).
    <bullet> Merchant Wholesalers, Nondurable Goods (NAICS code 424).
    This list details the types of entities that EPA is aware could 
potentially be regulated by this action. Other types of entities not 
listed could also be regulated. To determine whether your entity is 
regulated by this action, you should carefully examine the 
applicability criteria found in 40 CFR 723.250. If you have questions 
regarding the applicability of this action, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

B. What is the Agency's authority for taking this action?

    EPA is promulgating this rule pursuant to its authority in TSCA 
section 5 (15 U.S.C. 2604). In addition, section 553(b)(B) of the 
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that 
an agency may issue a final rule without a prior proposal if it finds 
for good cause that notice and public procedure are impracticable, 
unnecessary, or contrary to the public interest.

C. What action is the Agency taking?

    EPA is extending the reporting deadline for polymer exemption 
reports under 40 CFR 723.250 for this year for exemption reports and 
accompanying claims from January 31 to March 31. EPA believes this 
extension will provide reporters with sufficient time to submit 
information using the electronic reporting tool and for EPA to fix any 
unanticipated glitches that may arise with the use of the new tool.

D. Why is this issued as a final rule?

    Pursuant to section 553(b)(B) of the APA (5 U.S.C. 553(b)(B)), EPA 
has determined that there is good cause for extending the reporting 
deadline for 2024 without prior proposal and opportunity for comment. 
EPA encountered technical issues when launching a new polymer exemption 
electronic reporting tool and the time to fix those issues took longer 
than

[[Page 12249]]

expected. As a result, it was not possible for manufacturers to submit 
their required reports and accompanying claims electronically until 
January 29, 2024, three business days before the January 31st 
regulatory due date for 2024. EPA determines that there is good cause 
to take this action without a prior proposal because it would be 
contrary to the public interest to retain the deadline of January 31 
for the 2024 reports, where EPA's electronic systems were not ready and 
available for use by regulated entities to allow them to comply with 
the electronic reporting requirements of the rule before the submission 
deadline of January 31, 2024.
    Moreover, EPA previously provided notice that if technical issues 
with electronic reporting of polymer exemption reports occurred, it 
would make appropriate accommodations such as extending reporting 
deadlines. The issue was discussed in the preamble to the final rule 
establishing the electronic reporting deadline in question (88 FR 
37155, June 7, 2023 (FRL-8223-02-OCSPP)), which became effective on 
August 7, 2023, and required the use of a new electronic reporting tool 
for submitting annual polymer exemption reports and accompanying 
claims. That rule amended the regulations in 40 CFR 723.250(f) to 
state, ``. . . The report and accompanying claims must be submitted via 
CDX (https://cdx.epa.gov/), using the TSCA Section 5 Notices and 
Supports--ePMN application.'' In that rule, EPA responded to several 
commenters that expressed concern over reliance on electronic 
reporting, citing past incidences of technical difficulties with 
providing electronic submissions via CDX. Specifically, EPA responded 
in that final rule that it did not expect issues with electronic 
reporting of polymer exemption reports, but if such issues did occur 
the Agency would continue its practice of promptly addressing problems 
and, ``. . . making appropriate accommodations (such as extending 
reporting deadlines)'' (88 FR 37155, June 7, 2023 (FRL-8223-02-OCSPP)). 
EPA did not anticipate the technical issues it had with launching the 
tool and expected the new reporting tool to be fully functional well 
ahead of the January 31st reporting deadline. Unfortunately, the tool 
only became functional three business days before the January 31, 2024, 
deadline. As EPA had already acknowledged that it could extend 
reporting deadlines if technical issues with the reporting tool arose, 
providing further notice and public procedure would serve no purpose 
and is unnecessary.
    APA section 553(d) (5 U.S.C. 553(d)), in turn, allows an agency to 
make a rule immediately effective ``for good cause found and published 
with the rule.'' For the reasons discussed in this unit, EPA believes 
that there is good cause to make this amendment to codify the extension 
to the 2024 reporting deadline effective upon publication in the 
Federal Register.
    Extending the reporting deadline for 2024 is beneficial to 
regulated entities that need to comply with the regulations because it 
provides them with more time to complete the submission using the new 
electronic reporting tool. This final rule has no adverse impact and 
does not otherwise alter the reporting and recordkeeping requirements 
contained in the rule.

II. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders#influence.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review under Executive Orders 12866 (58 FR 51735, October 4, 1993) 
and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not contain any new information collection burden 
under the PRA, 44 U.S.C. 3501 et seq. OMB has previously approved the 
information collection activities contained in the existing new 
chemical regulations under OMB Control No. 2070-0038 (EPA ICR No. 
1188.14), which was updated with the CBI revisions and electronic 
submission approved under OMB Control No. 2070-0223 (EPA ICR No. 
2707.02). This action only delays the reporting deadline for 2024 and 
does not otherwise change any of the information collection activities.

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA, 5 U.S.C. 601 et seq. The RFA 
applies only to rules subject to notice and comment rulemaking 
requirements under the APA, 5 U.S.C. 553, or any other statute. This 
final rule action is not subject to notice and comment requirements 
under the APA because the Agency has invoked the APA ``good cause'' 
exemption.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not impose any enforceable duty or contain any 
unfunded mandate as described under Title II of UMRA, 2 U.S.C. 1531-
1538 et seq.

E. Executive Order 13132: Federalism

    This action does not have federalism implications, as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999) because it will 
not have substantial direct effects on States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000) because it will 
not have substantial direct effects on Tribal governments, on the 
relationship between the Federal Government and the Indian Tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian Tribes.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because it does not concern an environmental health or 
safety risk. Since this action does not concern human health, EPA's 
2021 Policy on Children's Health does not apply.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not 
likely to have a significant adverse effect on the supply, distribution 
or use of energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve technical standards. As such, NTTAA 
section 12(d), 15 U.S.C. 272.

[[Page 12250]]

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations and 
Executive Order 14096: Revitalizing Our Nation's Commitment to 
Environmental Justice for All

    This action does not concern human health or environmental 
conditions and therefore cannot be evaluated with respect to the 
potential for disproportionate impacts on non-white and low-income 
populations in accordance with Executive Order 12898 (59 FR 7629, 
February 16, 1994) and Executive Order 14096 (88 FR 25251, April 26, 
2023).

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. The CRA allows the issuing 
agency to make a rule effective sooner than otherwise provided by the 
CRA if the agency makes a good cause finding that notice and comment 
rulemaking procedures are impracticable, unnecessary or contrary to the 
public interest (5 U.S.C. 808(2)). The EPA has made a good cause 
finding for this rule as discussed in Unit I.D., including the basis 
for that finding.

List of Subjects in 40 CFR Part 723

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

    Dated: February 9, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, for the reasons set forth in the preamble, 40 CFR 
chapter I is amended as follows:

PART 723--PREMANUFACTURE NOTIFICATION EXEMPTIONS

0
1. The authority citation for part 723 continues to read as follows:

    Authority: 15 U.S.C. 2604.


0
2. In Sec.  723.250(f), revise the introductory text to read as 
follows:


Sec.  723.250  Polymers.

* * * * *
    (f) Exemption report for polymers manufactured under the terms of 
this section. For substances exempt under paragraphs (e)(1) through (3) 
of this section a report of manufacture or import must be submitted by 
January 31 of the year subsequent to initial manufacture, except that 
for initial manufacture or import in 2023 the report must be submitted 
by March 31, 2024. The report and accompanying claims must be submitted 
via CDX (https://cdx.epa.gov/), using the TSCA Section 5 Notices and 
Supports--ePMN application. See Sec.  720.40(a)(2)(ii) of this 
subchapter for information on how to access e-PMN software. The notice 
must include:
* * * * *

[FR Doc. 2024-03064 Filed 2-15-24; 8:45 am]
BILLING CODE 6560-50-P


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