[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Rules and Regulations]
[Pages 79150-79152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22060]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 711

[EPA-HQ-OPPT-2018-0321; FRL-5982.2-01-OCSPP]
RIN 2070-AK33


Chemical Data Reporting; Extension of the 2024 Submission Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
amending the Toxic Substances Control Act (TSCA) Chemical Data 
Reporting (CDR) regulations to extend the submission deadline for 2024 
reports to November 22, 2024. This extension is for the 2024 submission 
period only. The TSCA CDR regulations require manufacturers (including 
importers) of certain chemical substances included on the TSCA Chemical 
Substance Inventory (TSCA Inventory) to report data on the 
manufacturing, processing, and use of the chemical substances.

DATES: This final rule is effective September 27, 2024.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2018-0321, 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: Susan Sharkey, Data Gathering, 
Management, and Policy Division (7406M), Office of Pollution Prevention 
and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460-0001; telephone number: (202) 564-8789; email 
address: <a href="/cdn-cgi/l/email-protection#d3a0bbb2a1b8b6aafda0a6a0b2bd93b6a3b2fdb4bca5"><span class="__cf_email__" data-cfemail="05766d64776e607c2b767076646b456075642b626a73">[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#df8b8c9c9ef297b0abb3b6b1ba9fbaafbef1b8b0a9"><span class="__cf_email__" data-cfemail="ecb8bfafadc1a4839880858289ac899c8dc28b839a">[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 manufacture 
(including import) chemical substances listed on the TSCA Inventory. 
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 but are not limited to:

[[Page 79151]]

    <bullet> Chemical manufacturers (including importers) (NAICS codes 
325 and 324110, e.g., chemical manufacturing and processing and 
petroleum refineries) and
    <bullet> Chemical users and processors who may manufacture a 
byproduct chemical substance (NAICS codes 22, 322, 331, and 3344, e.g., 
utilities, paper manufacturing, primary metal manufacturing, and 
semiconductor and other electronic component manufacturing).

B. What action is the Agency taking?

    The current 2024 CDR submission period is from June 1 to September 
30, 2024. EPA is issuing this amendment to extend the deadline for the 
submission of 2024 CDR reports until November 22, 2024. This extension 
is for the 2024 submission period only. Subsequent submission periods 
(recurring every four years, next in 2028) are not being amended.
    EPA is taking this action in response to concerns related to the 
2024 CDR data submission tool, primarily associated with the ability of 
the reporting tool to correctly capture substantiations for chemical 
identity CBI claims. In the tool, submitters are able to claim as 
confidential the identity of a chemical substance already listed as 
confidential on the TSCA Inventory (40 CFR 711.30(c)) by checking the 
appropriate CBI box in the reporting tool and submitting detailed 
written answers to substantiation questions. Late in the 2024 reporting 
period, however, EPA found that when submitters used the reporting tool 
to copy the substantiation from one chemical to another, some questions 
and their responses were not copied and were, therefore, not included 
with the submission. The application erroneously indicated that the 
information was correctly copied and prevented users from supplying the 
missing information. Although this issue would only affect the small 
percentage of the submitters making chemical identity CBI claims, 
enabling each submitter to substantiate a CBI claim according to the 
requirements of 40 CFR 711.30 is important.
    As noted previously, this issue with the CDR data submission tool 
was identified very recently. When EPA identified the issue, the Agency 
took immediate action to fix the issue and extend the reporting period. 
EPA expects to have the reporting tool working properly before the end 
of September 2024. Ahead of deploying this correction to the tool, EPA 
(through the reporting application) has asked that users submitting CBI 
claims involving chemical identities refrain from copying data from one 
chemical to another. The risk that some users may still use this copy 
functionality without realizing that it does not work properly (and 
that their CBI claim(s) therefore have not been properly 
substantiated), however, indicates that more time is needed to ensure 
reports are accurately filed. To this end, submitters need adequate 
time to verify and update, if needed, their chemical identity 
confidentiality claims and supporting substantiations. Further, EPA 
needs time to ensure that the update to the reporting tool works as 
intended, and that sites that have submitted CDR forms prior to 
deployment of this update have adequate time to review their submission 
and make updates as appropriate, should this error have resulted in 
their submission having been incorrectly provided to EPA.

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

    The CDR rule was issued pursuant to the authority of TSCA section 
8(a), 15 U.S.C. 2607(a).

II. Why is this amendment issued as a final rule?

    Section 553(b)(B) of the Administrative Procedure Act (APA), 5 
U.S.C. 553(b)(B), provides that, when an agency for good cause finds 
that public notice and comment procedures are impracticable, 
unnecessary, or contrary to the public interest, the agency may issue a 
rule without providing notice and an opportunity for public comment. 
The EPA has determined that there is good cause for making this rule to 
extend the reporting period final without prior proposal and 
opportunity for comment, because such notice and opportunity for 
comment is impracticable for the reasons explained in this section.
    As explained in the prior section, the electronic reporting issue 
has unexpectedly narrowed the time window the Agency had allotted under 
the regulations to complete and submit 2024 CDR reports. The extent of 
this electronic reporting issue was unforeseen, given that EPA had 
conducted a beta test with expected users of the reporting tool prior 
to the beginning of the submission period, and EPA staff similarly had 
not discovered this issue until three weeks ahead of the September 30, 
2024, reporting deadline. Further, most sites submit CDR data during 
the final month of the reporting period, having collected and prepared 
data earlier in the submission period. Given that the current reporting 
deadline is September 30, 2024, regular notice and comment procedures 
to extend that deadline to address these unforeseen circumstances are 
impracticable, as the rule could not be finalized before the current 
reporting deadline. Additionally, notice and comment is impracticable 
because this deadline extension merely enables reports to be submitted 
as required under the current regulations, absent these unforeseen 
submission problems, and does not impact the substance of the data 
collection or other regulatory requirements.
    This action does not alter the substantive CDR reporting 
requirements in any way. The Agency also believes this extension will 
not result in a significant delay in the processing and availability of 
CDR information to potential users. This extension will not 
significantly impact the Agency's ability to carry out actions and 
activities that rely upon CDR, including work on the TSCA risk 
evaluations. EPA will consider CDR information as soon as it becomes 
available and work on risk evaluations remains ongoing. Further, this 
action is consistent with the public interest because it is designed to 
facilitate compliance with the CDR rule and to ensure that the 2024 
collection includes accurate data on chemical manufacturing, 
processing, and use in the United States. Finally, any impact on the 
regulated community is expected to be beneficial given that the 
extension provides additional time to submit accurate CDR reports to 
EPA.
    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.'' EPA has determined that there is good cause for making 
this final rule effective immediately because the current deadline for 
reporting is imminent and the regulated community does not need time to 
prepare for this change in the reporting deadline; rather, the 
reporting deadline extension provides the needed time for the regulated 
community to meet the existing requirements. Such an extension also 
``relieves a restriction'' under APA 553(d)(1), 5 U.S.C. 553(d)(1).
    For the reasons discussed in this unit, the Agency finds that good 
cause exists under APA section 553(d) to make this rule effective 
immediately upon publication in the Federal Register.

III. Do any of the statutory and executive order review requirements 
apply to this action?

    No. This action is a technical amendment to 40 CFR part 711 that is 
necessary in order to extend the deadline for the 2024 CDR reporting 
period that appears in 40 CFR 711.20. This action does not otherwise 
impose

[[Page 79152]]

any new requirements or change the substantive requirements. Additional 
information about these statutes and Executive Orders can be found at 
https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
Executive Order 12866(58 FR 51735, October 4, 1993), as amended by 
Executive Order 14094 (88 FR 21879, April 11, 2023), and was therefore 
not subject to Executive Order 12866 review.

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 regulations 
and has assigned OMB control number 2070-0162 (EPA ICR No. 1884.15). 
This action does not create any new reporting or recordkeeping 
obligations, and does not otherwise change the burden estimates that 
were approved.

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 
rule is not subject to notice and comment requirements under the APA 
because the Agency has invoked the APA ``good cause'' exemption (see 
Unit II.).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million 
(in 1995 dollars and adjusted annually for inflation) or more as 
described in UMRA, 2. U.S.C. 1531-1538, and does not significantly or 
uniquely affect small governments. The action imposes no enforceable 
duty on any state, local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action will not have federalism impacts as defined in 
Executive Order 13132 (64 FR 43255, August 10, 1999) because this 
action will not have substantial direct effects on States, on the 
relationship between the Federal Government and States, or on the 
distribution of power and responsibilities between the Federal 
Government and States.

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

    This action will not have tribal implications as defined in 
Executive Order 13175 (65 FR 67249, November 9, 2000) because this 
action will not have substantial direct effects on tribal governments, 
on the relationship between the Federal Government and 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 address environmental health or 
safety risks disproportionately affecting children. Since this action 
does not concern human health, EPA's 2021 Policy on Children's Health 
also 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 any 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 under the NTTAA 
section 12(d), 15 U.S.C. 272.

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

    EPA believes that this type of action does not concern human health 
or environmental conditions and therefore cannot be evaluated with 
respect to potentially disproportionate and adverse effects on 
communities with environmental justice concerns in accordance with 
Executive Orders 12898 (59 FR 7629, February 16, 1994) and 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. This does not meet the 
criteria set forth in 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 711

    Environmental protection, Chemicals, Confidential Business 
Information (CBI), Hazardous materials, Importer, Manufacturer, 
Reporting and recordkeeping requirements.

    Dated: September 23, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, for reasons set forth in the preamble, EPA amends 40 CFR 
part 711 as follows:

PART 711--[AMENDED]

0
1. The authority citation for part 711 continues to read as follows:

    Authority:  15 U.S.C. 2607(a).


0
2. Revise and republish Sec.  711.20 to read as follows:


Sec.  711.20  When to report.

    All information reported to EPA in response to the requirements of 
this part must be submitted during an applicable submission period. The 
2024 CDR submission period is from June 1, 2024, to November 22, 2024. 
Subsequent recurring submission periods are from June 1 to September 30 
at 4-year intervals, beginning in 2028. In each submission period, any 
person described in Sec.  711.8 must report as described in this part.

[FR Doc. 2024-22060 Filed 9-26-24; 8:45 am]
BILLING CODE 6560-50-P


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