29698 Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Rules and Regulations 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the National 

Government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

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). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: May 20, 2021. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.475, amend paragraph 

(a)(1) by adding alphabetically to the 

table entries for ‘‘Olive 1’’; ‘‘Olive, with 

pit 1’’; ‘‘Pepper, black 1’’ and 

‘‘Persimmon, Japanese 1’’ to read as 

follows: 

§ 180.475 Difenoconazole; tolerances for 

residues. 

(a) * * * 

(1) * * * 

Commodity Parts per 

million 

****

Olive 1 .......................................... 3 

Olive, with pit 1 ............................ 2 

 

Pepper, black 1 ............................ 0.1 

Persimmon, Japanese 1 .............. 0.7 

** **

1There are no U.S. registrations for these 

commodities. 

* * * * * 

[FR Doc. 2021–11636 Filed 6–2–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 372 

[EPA–HQ–TRI–2021–0049; FRL–10022–25] 

RIN 2070–AK72 

Implementing Statutory Addition of 

Certain Per- and Polyfluoroalkyl 

Substances (PFAS) to the Toxics 

Release Inventory Beginning With 

Reporting Year 2021 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is adding three per- and 

polyfluoroalkyl substances (PFAS) to 

the list of chemicals subject to toxic 

chemical release reporting under the 

Emergency Planning and Community 

Right-to-Know Act (EPCRA) and the 

Pollution Prevention Act (PPA). This 

action implements the statutory 

mandate in the National Defense 

Authorization Act for Fiscal Year 2020 

(FY2020 NDAA) enacted on December 

20, 2019. As this action is being taken 

to conform the regulations to a 

Congressional legislative mandate, 

notice and comment rulemaking is 

unnecessary. 

DATES: This final rule is effective July 6, 

2021. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–TRI–2021–0049, 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. 

Due to the public health emergency, 

the EPA Docket Center (EPA/DC) and 

Reading Room is closed to visitors with 

limited exceptions. The staff continues 

to provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Daniel R. 


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Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Rules and Regulations 29699 

Ruedy, Data Gathering and Analysis 

Division, Mail Code 7410M, Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; telephone number: (202) 

564–7974; email address: ruedy.daniel@

epa.gov. 

For general information contact: The 

Emergency Planning and Community 

Right-to-Know Act Hotline; telephone 

numbers: Toll free at (800) 424–9346 

(select menu option 3) or (703) 348– 

5070 in the Washington, DC Area and 

International; or go to https://

www.epa.gov/home/epa-hotlines. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, process, 

or otherwise use any of the PFAS listed 

in this rule. The following list of North 

American Industry Classification 

System (NAICS) codes is not intended 

to be exhaustive, but rather provides a 

guide to help readers determine whether 

this action applies to them. Potentially 

affected entities may include: 

• Facilities included in the following 

NAICS manufacturing codes 

(corresponding to Standard Industrial 

Classification (SIC) codes 20 through 

39): 311*, 312*, 313*, 314*, 315*, 316, 

321, 322, 323*, 324, 325*, 326*, 327, 

331, 332, 333, 334*, 335*, 336, 337*, 

339*, 111998*, 211130*, 212324*, 

212325*, 212393*, 212399*, 488390*, 

511110, 511120, 511130, 511140*, 

511191, 511199, 512230*, 512250*, 

519130*, 541713*, 541715* or 811490*. 

*Exceptions and/or limitations exist for 

these NAICS codes. 

• Facilities included in the following 

NAICS codes (corresponding to SIC 

codes other than SIC codes 20 through 

39): 212111, 212112, 212113 

(corresponds to SIC code 12, Coal 

Mining (except 1241)); or 212221, 

212222, 212230, 212299 (corresponds to 

SIC code 10, Metal Mining (except 1011, 

1081, and 1094)); or 221111, 221112, 

221113, 221118, 221121, 221122, 

221330 (limited to facilities that 

combust coal and/or oil for the purpose 

of generating power for distribution in 

commerce) (corresponds to SIC codes 

4911, 4931, and 4939, Electric Utilities); 

or 424690, 425110, 425120 (limited to 

facilities previously classified in SIC 

code 5169, Chemicals and Allied 

Products, Not Elsewhere Classified); or 

424710 (corresponds to SIC code 5171, 

Petroleum Bulk Terminals and Plants); 

or 562112 (limited to facilities primarily 

engaged in solvent recovery services on 

a contract or fee basis (previously 

classified under SIC code 7389, 

Business Services, NEC); or 562211, 

562212, 562213, 562219, 562920 

(limited to facilities regulated under the 

Resource Conservation and Recovery 

Act, subtitle C, 42 U.S.C. 6921 et seq.) 

(corresponds to SIC code 4953, Refuse 

Systems). 

• Federal facilities. 

A more detailed description of the 

types of facilities covered by the NAICS 

codes subject to reporting under EPCRA 

section 313 can be found at: https://

www.epa.gov/toxics-release-inventorytri-program/tri-covered-industry-sectors. 

To determine whether your facility 

would be affected by this action, you 

should carefully examine the 

applicability criteria in part 372, subpart 

B of title 40 of the Code of Federal 

Regulations. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What action is the Agency taking? 

EPA is codifying in the CFR the three 

PFAS that were added to the EPCRA 

section 313 list of reportable chemicals 

(more commonly known as the Toxics 

Release Inventory (TRI)) pursuant to the 

FY2020 NDAA. 

C. What is the Agency’s authority for 

taking this action? 

This action is issued under the 

authority of section 313 of the 

Emergency Planning and Community 

Right-to-Know Act (EPCRA) (42 U.S.C. 

11001 et seq.), section 6607 of the 

Pollution Prevention Act (PPA) (42 

U.S.C. 13106), and section 7321 of the 

National Defense Authorization Act for 

Fiscal Year 2020 (FY2020 NDAA) (Pub. 

L. 116–92, https://www.congress.gov/ 

public-laws/116th-congress). 

II. Background 

On December 20, 2019 the FY2020 

NDAA was signed into law. Among 

other provisions, section 7321(c) 

identifies certain regulatory activities 

that automatically add PFAS or classes 

of PFAS to the EPCRA section 313 list 

of reportable chemicals. Specifically, 

PFAS or classes of PFAS are added to 

the EPCRA section 313 list of reportable 

chemicals beginning January 1 of the 

calendar year after any one of the 

following dates: 

• Final Toxicity Value. The date on 

which the Administrator finalizes a 

toxicity value for the PFAS or class of 

PFAS; 

• Significant New Use Rule. The date 

on which the Administrator makes a 

covered determination for the PFAS or 

class of PFAS; 

• Addition to Existing Significant 

New Use Rule. The date on which the 

PFAS or class of PFAS is added to a list 

of substances covered by a covered 

determination; 

• Addition as an Active Chemical 

Substance. The date on which the PFAS 

or class of PFAS to which a covered 

determination applies is: 

(1) Added to the list published under 

section 8(b)(1) of the Toxic Substances 

Control Act (TSCA) (15 U.S.C. 2601 et 

seq.) and designated as an active 

chemical substance under TSCA section 

8(b)(5)(A); or 

(2) Designated as an active chemical 

substance under TSCA section 8(b)(5)(B) 

on the list published under TSCA 

section 8(b)(1). 

The FY2020 NDAA defines ‘‘covered 

determination’’ as a determination made 

by rule under TSCA section 5(a)(2) that 

a use of a PFAS or class of PFAS is a 

significant new use (except such a 

determination made in connection with 

a determination described in TSCA 

sections 5(a)(3)(B) or 5(a)(3)(C)). 

EPA has reviewed the above-listed 

criteria and found three chemicals that 

meet the requirements of this part of the 

FY2020 NDAA and whose identity is 

not confidential business information 

(CBI). 

Chemical name/CAS No. Triggering action 

Perfluorooctyl iodide (507–63–1) ............................................................. Addition to Existing Significant New Use Rule (see 85 FR 45109, July 

27, 2020) (FRL–10010–44). 

Potassium perfluorooctanoate (2395–00–8) ............................................ Addition to Existing Significant New Use Rule (see 85 FR 45109, July 

27, 2020) (FRL–10010–44). 

Silver(I) perfluorooctanoate (335–93–3) ................................................... Addition to Existing Significant New Use Rule (see 85 FR 45109, July 

27, 2020) (FRL–10010–44). 


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Under FY2020 NDAA section 7321(e), 

EPA must review CBI claims before 

adding any PFAS to the list whose 

identity is subject to a claim of 

protection from disclosure under 5 

U.S.C. 552(a). Under the FY2020 NDAA 

EPA must: 

• Review a claim of protection from 

disclosure; and 

• Require that person to reassert and 

substantiate or resubstantiate that claim 

in accordance with TSCA section 14(f) 

(15 U.S.C. 2613(f)). 

In addition, if EPA determines that 

the chemical identity of a PFAS or class 

of PFAS qualifies for protection from 

disclosure, EPA must include the PFAS 

or class of PFAS on the TRI in a manner 

that does not disclose the protected 

information. 

Updates regarding this process will be 

provided via the Addition of Certain 

PFAS to the TRI by the National Defense 

Authorization Act web page at https:// 

www.epa.gov/toxics-release-inventorytri-program/addition-certain-pfas-trinational-defense-authorization-act. 

As established by the FY2020 NDAA, 

the addition of these PFAS is effective 

January 1 of the calendar year following 

any of the dates identified in FY2020 

NDAA section 7321(c)(1)(A). 

Accordingly, these three non-CBI PFAS 

are reportable for the 2021 reporting 

year (i.e., reports due July 1, 2022). EPA 

is issuing this final rule to amend the 

EPCRA section 313 list of reportable 

chemicals in 40 CFR 372.65 to include 

the three non-CBI PFAS identified 

pursuant to the FY2020 NDAA. 

III. Good Cause Exception 

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 final 

without prior proposal and opportunity 

for comment because such notice and 

opportunity for comment is 

unnecessary. This action is being taken 

to comply with a mandate in an Act of 

Congress, where Congress identified 

actions that automatically add these 

chemicals to the TRI. Thus, EPA has no 

discretion as to the outcome of this rule, 

which merely aligns the regulations 

with the self-effectuating changes 

provided by the FY2020 NDAA. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

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 activities that 

require additional approval by OMB 

under the PRA, 44 U.S.C. 3501 et seq. 

As discussed further in this unit, OMB 

has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control number 

2070–0212 and 2050–0078. 

Currently, the facilities subject to the 

reporting requirements under EPCRA 

section 313 and PPA section 6607 may 

use either EPA Toxic Chemicals Release 

Inventory Form R (EPA Form 1B9350– 

1), or EPA Toxic Chemicals Release 

Inventory Form A (EPA Form 1B9350– 

2). The Form R must be completed if a 

facility manufactures, processes, or 

otherwise uses any listed chemical 

above threshold quantities and meets 

certain other criteria. For the Form A, 

EPA established an alternative threshold 

for facilities with low annual reportable 

amounts of a listed toxic chemical. A 

facility that meets the appropriate 

reporting thresholds, but estimates that 

the total annual reportable amount of 

the chemical does not exceed 500 

pounds per year, can take advantage of 

an alternative manufacture, process, or 

otherwise use threshold of 1 million 

pounds per year of the chemical, 

provided that certain conditions are 

met, and submit the Form A instead of 

the Form R. In addition, respondents 

may designate the specific chemical 

identity of a substance as a trade secret 

pursuant to EPCRA section 322 (42 

U.S.C. 11042) and 40 CFR part 350. 

OMB has approved the reporting and 

recordkeeping requirements related to 

Forms A and R, supplier notification, 

and petitions under OMB Control 

number 2070–0212 (EPA Information 

Collection Request (ICR) No. 2613) and 

those related to trade secret designations 

under OMB Control 2050–0078 (EPA 

ICR No. 1428). 

As provided in 5 CFR 1320.5(b) and 

1320.6(a), an agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers relevant to EPA’s regulations 

in 40 CFR are listed in 40 CFR part 9 

and displayed on the information 

collection instruments (e.g., forms, 

instructions). 

C. Regulatory Flexibility Act (RFA) 

This rule is not subject to the RFA, 5 

U.S.C. 601 et seq., which generally 

requires an agency to prepare a 

regulatory flexibility analysis for any 

rule that is estimated to have a 

significant economic impact on a 

substantial number of small entities. 

This rule is not subject to notice and 

comment requirements under the APA 

or any other statute because although 

the rule is subject to the APA, the 

Agency has invoked the ‘‘good cause’’ 

exemption under 5 U.S.C. 553(b) (see 

Unit III.). 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action will impose no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications, as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999). It will not have substantial direct 

effects on the 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). This rule will not impose 

substantial direct compliance costs on 

Indian Tribal Governments. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997), as 

applying only to those regulatory 


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Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Rules and Regulations 29701 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of Executive Order 

13045 has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

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 rulemaking does not involve 

technical standards that would require 

Agency consideration under NTTAA 

section 12(d), 15 U.S.C. 272 note. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898 (59 FR 7629, 

February 16, 1994), because it does not 

establish an environmental health or 

safety standard. This action involves 

additions to reporting requirements that 

will not affect the level of protection 

provided to human health or the 

environment. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, 5 

U.S.C. 801 et seq., and the 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). 

List of Subjects in 40 CFR Part 372 

Environmental protection, 

Community right-to-know, Reporting 

and recordkeeping requirements, Toxic 

chemicals. 

Michal Freedhoff, 

Principal Deputy Assistant Administrator, 

Office of Chemical Safety and Pollution 

Prevention. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR part 

372 as follows: 

PART 372—TOXIC CHEMICAL 

RELEASE REPORTING: COMMUNITY 

RIGHT–TO–KNOW 

■ 1. The authority citation for part 372 

continues to read as follows: 

Authority: 42 U.S.C. 11023 and 11048. 

■ 2. In § 372.65, amend table 4 to 

paragraph (d) by adding in alphabetical 

order to the table entries for 

‘‘Perfluorooctyl iodide’’; ‘‘Potassium 

perfluorooctanoate’’ and ‘‘Silver(I) 

perfluorooctanoate’’ and in table 5 to 

paragraph (e) by adding in numerical 

order to the table entries for ‘‘335–93– 

3’’; ‘‘507–63–1’’ and ‘‘2395–00–8’’ to 

read as follows: 

§ 372.65 Chemicals and chemical 

categories to which this part applies. 

* * * * * 

(d) * * * 

TABLE 4 TO PARAGRAPH (D) 

Chemical name CAS No. Effective date 

*******

Perfluorooctyl iodide .................................................................................................................................................................................. 507–63–1 1/1/21 

*******

Potassium perfluorooctanoate ................................................................................................................................................................... 2395–00–8 1/1/21 

*******

Silver(I) perfluorooctanoate ....................................................................................................................................................................... 335–93–3 1/1/21 

*******

(e) * * * 

TABLE 5 TO PARAGRAPH (E) 

CAS No. Chemical name Effective date 

*******

335–93–3 ............... Silver(I) perfluorooctanoate .............................................................................................................................................................. 1/1/21 

*******

507–63–1 ............... Perfluorooctyl iodide ......................................................................................................................................................................... 1/1/21 

*******

2395–00–8 ............. Potassium perfluorooctanoate .......................................................................................................................................................... 1/1/21 

*******

[FR Doc. 2021–11586 Filed 6–2–21; 8:45 am] 

BILLING CODE 6560–50–P 


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