Federal Register/Vol. 85, No. 45/Friday, March 6, 2020/Rules And
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13062 Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations Parts per the visitor instructions and additional TSCA sections 8(b)(4) and 14 and 40 Commodity million information about the docket available CFR part 2, subpart B. at http://www.epa.gov/dockets. EPA is amending the existing FOR FURTHER INFORMATION CONTACT: regulations in 40 CFR part 710, subpart ***** For technical information contact: B, and is adding provisions about the Pea and bean, dried shelled, ex- Scott M. Sherlock, Environmental NOA Form A substantiation process and cept soybean, subgroup 6C .... 0.06 Assistance Division (Mail code 7408M), the Agency’s review plan to a new Office of Pollution Prevention and subpart C. ***** Toxics, Environmental Protection B. What is the Agency’s authority for Agency, 1200 Pennsylvania Ave. NW, taking this action? Washington, DC 20460–0001; telephone * * * * * number: (202) 564–8257; email address: EPA is issuing this rule pursuant to [FR Doc. 2020–04208 Filed 3–5–20; 8:45 am] [email protected]. the authority in TSCA section 8(b), 15 BILLING CODE 6560–50–P For general information contact: The U.S.C. 2607(b). TSCA-Hotline, ABVI-Goodwill, 422 C. Why is the Agency taking this action? South Clinton Ave., Rochester, NY ENVIRONMENTAL PROTECTION 14620; telephone number: (202) 554– TSCA section 8(b)(4)(C) requires EPA AGENCY 1404; email address: TSCA-Hotline@ to promulgate a rule that establishes the epa.gov. Agency’s plan to review all CBI claims 40 CFR Part 710 for the specific chemical identities of SUPPLEMENTARY INFORMATION: [EPA–HQ–OPPT–2018–0320; FRL–10005– chemical substances on the confidential 48] I. Executive Summary portion of the TSCA Inventory that were asserted in an NOA Form A pursuant to RIN 2070–AK21 A. What action is the Agency taking? the one-time retrospective reporting Procedures for Review of CBI Claims This final rule establishes the CBI under the 2017 Active-Inactive Rule. for the Identity of Chemicals on the substantiation requirements for The 2017 Active-Inactive Rule required TSCA Inventory manufacturers (which under TSCA any reporter who sought to maintain an includes importers) and processors who existing CBI claim for a specific AGENCY: Environmental Protection claimed specific chemical identities as chemical identity to assert that claim as Agency (EPA). CBI in previously filed Notices of part of the submission of an NOA Form ACTION: Final rule. Activity (NOAs) Form A (Ref. 1) in A, but the rule did not require accordance with the 2017 TSCA substantiation of those claims at that SUMMARY: EPA is finalizing Inventory Notification (Active-Inactive) time. This final rule implements the requirements for regulated entities to Requirements rule (hereinafter ‘‘2017 statutory substantiation and review substantiate certain confidential Active-Inactive Rule,’’ which is requirements so as to ensure that only business information (CBI) claims made summarized in more detail in Unit III those specific chemical identities that under the Toxic Substances Control Act and codified in 40 CFR part 710, subpart currently qualify for confidential (TSCA) to protect the specific chemical B) (Ref. 2). This final rule also amends treatment are protected from disclosure identities of chemical substances on the the existing CBI substantiation by the Agency. confidential portion of the TSCA requirements for manufacturers and This final rule also addresses a Inventory, and the Agency’s plan for processors who have filed or will file Federal court remand of the 2017 reviewing certain CBI claims for specific NOAs Form B (Ref. 3) and claimed or Active-Inactive Rule by amending that chemical identities. The substantiation claim specific chemical identities as rule to add two substantiation questions requirements describe the applicable CBI. Manufacturers and processors who which will be applicable to all NOA procedures and provide instructions for previously provided substantiations in Form B reporters who seek to maintain regulated entities. The Agency’s plan NOAs Form A or B for CBI claims for an existing CBI claim for a specific sets out the review criteria and related specific chemical identities pursuant to chemical identity, and by including the procedures that EPA will use to the 2017 Active-Inactive Rule will be same two questions in the newly complete the reviews within the five- required to supplement those finalized substantiation requirements year timeframe set in TSCA. substantiations to include responses to for NOA Form A reporters who seek to DATES: This final rule is effective on two new questions related to a specific maintain an existing CBI claim for a May 5, 2020. chemical identity’s susceptibility to specific chemical identity. These ADDRESSES: The docket for this action, reverse engineering. All substantiations substantiation questions address identified by docket identification (ID) must be submitted to the Agency using whether a specific chemical identity is number EPA–HQ–OPPT–2018–0320, is EPA’s Central Data Exchange (CDX), the readily discoverable through reverse available at http://www.regulations.gov Agency’s electronic reporting portal. engineering and will ensure the or at the Office of Pollution Prevention This final rule describes the Agency’s submission of information that EPA will and Toxics Docket (OPPT Docket), plan to review the CBI claims for use to evaluate CBI claims for specific Environmental Protection Agency specific chemical identities that were chemical identities. Docket Center (EPA/DC), West William asserted in NOAs Form A during the Jefferson Clinton Bldg., Rm. 3334, 1301 one-time retrospective reporting period D. Who does this action apply to? Constitution Ave. NW, Washington, DC. under the 2017 Active-Inactive Rule, You may be affected by this action if The Public Reading Room is open from including procedures for the Agency’s you reported a confidential chemical 8:30 a.m. to 4:30 p.m., Monday through publication of annual review goals and substance under the 2017 Active- Friday, excluding legal holidays. The results. EPA will review each specific Inactive Rule using an NOA Form A or telephone number for the Public chemical identity CBI claim and NOA Form B and sought to maintain an Reading Room is (202) 566–1744, and substantiation, and approve or deny existing CBI claim for a specific the telephone number for the OPPT each claim consistent with the chemical identity. You may also be Docket is (202) 566–0280. Please review procedures and substantive criteria in affected by this action if you anticipate VerDate Sep<11>2014 22:47 Mar 05, 2020 Jkt 250001 PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 E:\FR\FM\06MRR1.SGM 06MRR1 lotter on DSKBCFDHB2PROD with RULES Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations 13063 reporting a confidential chemical II. Background more detail in the supplemental substance under the 2017 Active- proposed rule (Ref. 6). A. How were CBI claims for specific Inactive Rule through an NOA Form B chemical identities addressed in the B. What did EPA propose? in the future and anticipate seeking to 2017 Active-Inactive Rule? maintain an existing CBI claim for a On April 23, 2019, EPA proposed to specific chemical identity at that time. Pursuant to TSCA section 8(b), the establish a plan to review all CBI claims The following North American 2017 Active-Inactive Rule (codified in for specific chemical identities asserted Industrial Classification System 40 CFR part 710, subpart B) required in an NOA Form A, including the (NAICS) codes are not intended to be manufacturers, and allowed processors, procedures for submitter substantiation exhaustive, but rather provide a guide to to report those chemical substances on and EPA review of those claims (Ref. 7). help readers determine whether this the TSCA Inventory that were In response to the court decision of action may apply to them: manufactured or processed for a April 26, 2019, EPA issued a supplemental proposed rule on • Chemical manufacturing or nonexempt commercial purpose during the 10-year time period ending on June November 8, 2019 that included processing (NAICS code 325). revisions to the existing substantiation • 21, 2016. EPA used these retrospective Petroleum and coal products notifications—filed on an NOA Form requirements in the 2017 Active- manufacturing (NAICS code 324). A—to designate chemical substances as Inactive Rule at 40 CFR 710.37 and ‘‘Manufacture’’ is defined in TSCA ‘‘active’’ or ‘‘inactive,’’ and EPA now supplemented the proposed rule issued section 3(9) (15 U.S.C. 2602(9)) and 40 includes those active and inactive in April 2019. Specifically, EPA CFR 710.3(d) to include ‘‘import.’’ designations on the TSCA Inventory. proposed two additional questions Accordingly, all references to Going forward, the 2017 Active-Inactive addressing a specific chemical identity’s susceptibility to reverse engineering that manufacture in this document should be Rule requires notification if manufacturers and processors would be understood to include import. manufacturing or processing of an required to answer to substantiate CBI inactive chemical substance for a If you have any questions regarding claims for specific chemical identities nonexempt commercial purpose is the applicability of this action to a asserted in an NOA Form A or B; and expected to resume. On receiving such particular entity after reading the proposed procedures for manufacturers a forward-looking notification—filed on regulatory text, consult the technical and processors to use in supplementing an NOA Form B—EPA will change the person listed under FOR FURTHER substantiations that had already been designation of the pertinent chemical INFORMATION CONTACT. submitted under the 2017 Active- substance on the TSCA Inventory from E. What are the estimated incremental Inactive Rule to include responses to the inactive to active. The one-time two additional questions. impacts of this action? submission period for NOA Form A ended on October 5, 2018, while the C.