79150 Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Rules and Regulations 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The FDEP did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

communities with EJ concerns. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 26, 2024. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 20, 2024. 

Jeaneanne Gettle, 

Acting Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart K—Florida 

■ 2. In § 52.520 paragraph (c), amend 

the table by revising the entry for ‘‘62– 

296.513’’ to read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED FLORIDA LAWS AND REGULATIONS

State citation 

(section) Title/subject 

State 

effective 

date 

EPA approval date Explanation 

Chapter 62–296 Stationary Sources—Emission Standards 

*******

62–296.513 ..................................... Surface Coating of Miscellaneous 

Metal Parts and Products.

6/16/2022 9/27/2024, [Insert first page of 

Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2024–22135 Filed 9–26–24; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 

sharkey.susan@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

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: 


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• Chemical manufacturers (including 

importers) (NAICS codes 325 and 

324110, e.g., chemical manufacturing 

and processing and petroleum 

refineries) and 

• 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 


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79152 Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Rules and Regulations 

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] 

■ 1. The authority citation for part 711 

continues to read as follows: 

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

■ 2. Revise and republish § 711.20 to 

read as follows: 

§ 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 § 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 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 425 

[CMS–1799–F] 

RIN 0938–AV20 

Medicare Program: Mitigating the 

Impact of Significant, Anomalous, and 

Highly Suspect Billing Activity on 

Medicare Shared Savings Program 

Financial Calculations in Calendar 

Year 2023 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), Department 

of Health and Human Services (HHS). 

ACTION: Final rule. 

SUMMARY: This final rule addresses 

policies for assessing performance year 

(PY) 2023 financial performance of 

Medicare Shared Savings Program 

(Shared Savings Program) Accountable 

Care Organizations (ACOs); establishing 


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