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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

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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. Public Comments EPA has evaluated the potential NOA Form B is submitted on an EPA received seven comments during incremental impacts of this rulemaking ongoing basis. in an economic analysis (EA), titled the public comment period for the Consistent with TSCA sections ‘‘Economic Analysis for the Final Rule: proposed rule, and an additional five 8(b)(4)(B)(ii) and (5)(B)(ii), the 2017 Procedures for Review of CBI Claims for comments during the comment period Active-Inactive Rule provided that the Identity of Chemicals on the TSCA for the supplemental proposed rule. manufacturers and processors filing an Inventory’’ (Ref. 4), which is available in Submitted comments generally focused NOA Form A or B could seek to the docket, discussed in Unit IV., and on the Agency’s proposed substantiation maintain an existing CBI claim for a briefly summarized here. and review processes as well as the specific chemical identity by including duration of protection of CBI from 1. Benefits. The benefits of the rule such a request on their NOA Form A or disclosure. A number of commenters include improvements in the B, through the process established in 40 requested clarification or provided management of CBI claims for specific CFR 710.37(a). NOA Form A submitters suggestions that EPA considered in chemical identities, including a were permitted to voluntarily preparing this final rule. EPA has decrease in the number of unsupported substantiate their CBI claims for specific summarized the comments and claims of confidentiality. There would chemical identities at the time of filing provided detailed responses in a also be a corresponding increase in their NOA Form A by answering the Response to Comments document that is transparency for the public with regard substantiation questions set forth in 40 available in the docket (Ref. 8). to specific chemical identity CFR 710.37(c). NOA Form B submitters III. Final Rule information. Overall, the rule results in were (and are, subject to the a more efficient means of enacting the amendments effectuated through this After careful consideration of the various requirements and duties rule) required to substantiate their CBI public comments received, EPA is prescribed to EPA in TSCA, while also claims not later than 30 days after finalizing the substantiation providing the potential for a greater submitting their NOA Form B by requirements and the Agency’s review level of transparency with regard to the answering the same substantiation plan as discussed in this unit. specific chemical identities of chemical questions. A. CBI Claims for Specific Chemical substances on the TSCA Inventory. On April 26, 2019, the U.S. Court of Identities Asserted in NOAs Form A 2. Costs. Over the course of the first Appeals for the District of Columbia ten years after the effective date of the Circuit entered a judgment in 1. Substantiation Requirements final rule, EPA estimates a one-time Environmental Defense Fund v. EPA, a. Scope. This final rule establishes total burden and cost for regulated 922 F.3d 446 (D.C. Cir. 2019), granting the substantiation requirements for entities of 5,259 hours and in part and denying in part a petition for manufacturers and processors who approximately $407,000, respectively review of the 2017 Active-Inactive Rule previously filed NOAs Form A seeking and an ongoing, annual burden and cost (Ref. 5). The court decision impacted to maintain existing CBI claims to of approximately 0.38 hours and $29, the CBI substantiation provisions set protect the specific chemical identities respectively. forth in 40 CFR 710.37 as discussed in of active chemical substances on the

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confidential portion of the TSCA A person who is eligible for an intended to capture information in Inventory. exemption may choose whether to take patents and patent applications, state, b. Persons subject to substantiation advantage of the reduced reporting local, or Federal agency files, and any requirements. This final rule provides under this rule afforded by the document required to be publicly that any person who filed an NOA Form exemption or submit a new full disclosed under any other Federal law, A requesting to maintain an existing CBI substantiation in accordance with all EPA rewrote the question to make this claim for a specific chemical identity requirements of this rule. Persons who more explicit. In addition, EPA clarified must substantiate that confidentiality have previously submitted a the proposed reverse engineering claim by addressing the substantiation substantiation may prefer to complete a question asking whether the chemical questions in this rule, unless the person new substantiation under this rule if, for substance can be identified by analysis is eligible for an exemption. There are example, they wish to provide updated of the product. The finalized question two exemptions in this rule which set or additional information to support asks more directly whether the specific forth reduced requirements for certain their CBI claim for a specific chemical chemical identity can be readily persons who have previously identity. discovered by analysis of the substance substantiated their CBI claims. These c. Contents of substantiation. The (e.g., product, effluent, or emission), in exemptions are substantively final rule provides that a person light of existing technologies and any unchanged from the supplemental substantiating a CBI claim for a specific associated costs, difficulties, or proposed rule. chemical identity must submit written limitations. Finally, EPA clarified the The first exemption applies to those answers to the questions set forth in the proposed substantiation question persons who previously completed the rule at 40 CFR 710.45, signed and dated pertaining to substantial competitive voluntary substantiation process set by an authorized official, and complete harm to make clearer that responses forth in the 2017 Active-Inactive Rule at a certification statement. If information should include an explanation of how a 40 CFR 710.37(a)(1). These persons may submitted in response to the competitor could use such information rely on their previously submitted substantiation questions is itself and the causal relationship between the substantiation in lieu of answering the claimed as CBI, the submitter must disclosure and the harmful effects. first six substantiation questions in this clearly indicate such by marking that d. When to submit substantiation or rule, and are only required to submit information as CBI. information on previous substantiation. answers to the two questions relevant to In response to public comments, EPA The final rule provides at 40 CFR 710.47 reverse engineering that are being has revised several of the proposed that manufacturers and processors finalized in 40 CFR 710.45(b)(7) and (8), substantiation questions to improve seeking to maintain CBI claims for signed and dated by an authorized clarity and reduce any unnecessary specific chemical identities asserted in official, and to complete the burden. First, EPA has chosen not to an NOA Form A will have 180 days certification statement in 40 CFR finalize one proposed question that from the effective date of the rule to 710.37(e). asked whether the information claimed submit substantiations, including The second exemption applies to as confidential is exempt from responses to the two new substantiation those persons who previously substantiation pursuant to TSCA section questions, or, in the case of one of the substantiated their CBI claims for 14(c)(2). EPA agrees with several exemptions, information identifying a specific chemical identities in different commenters who noted that the previously submitted substantiation. submissions made to EPA less than five question was neither necessary nor This deadline applies to all persons who years before the substantiation deadline appropriate because no TSCA section asserted CBI claims for specific set forth in this rule. So long as that 14(c)(2) exemption would ever apply to chemical identities in an NOA Form A, prior substantiation contains the CBI claims for specific chemical including (1) persons newly information that is responsive to all identities at issue in this rule. Second, substantiating their claims; (2) persons substantiation questions set forth in this in response to comments, EPA has who voluntarily substantiated under the rule at 40 CFR 710.45, these persons clarified several of the substantiation 2017 Active-Inactive Rule and need may rely on their prior substantiation in questions proposed. While these only submit responses to two lieu of answering the substantiation questions remain substantively the same substantiation questions under this rule; questions in this rule. To establish as those proposed (which, with the and (3) persons who substantiated their eligibility for this exemption and to exception of the two reverse engineering claims in some other submission within ensure that EPA can locate and match questions addressed in the the last five years and need only submit the prior substantiation with the proper supplemental proposal, were identical information identifying that prior NOA Form A filer, persons who seek to to the questions in the 2017 Active- substantiation. EPA is finalizing a 180- rely on this exemption must report to Inactive Rule at 40 CFR 710.37(c)), they day deadline in response to several EPA the submission date; submission have been re-written for clarity and to comments from industry groups type; and case number, transaction ID, more clearly solicit answers potentially expressing concerns about meeting the or equivalent identifier for the previous more responsive to the substantive proposed 90-day deadline. submission that contained the criteria the Agency employs in making e. Failure to report. In the proposed substantiation, not later than the CBI determinations. Relevant public rule, EPA addressed the situation where deadline specified in this rule. For comments and the resulting changes to a person filed an NOA Form A and example, substantiations for CBI claims the substantiation questions are asserted a CBI claim for a specific for specific chemical identities discussed in greater detail in the chemical identity, but never, either as a submitted with 2016 or 2020 Chemical Response to Comments document (Ref. voluntary submission or per this rule, Data Reporting (CDR) submissions in 8). provided a substantiation or notice of accordance with the substantiation Most notably, EPA divided into three prior substantiation. EPA had proposed procedures at 40 CFR 711.30(b)(1), or sub-questions the proposed to treat the CBI claim for a specific with Notices of Commencement (NOCs) substantiation question asking whether chemical identity as deficient because in accordance with the substantiation the confidential information appears in no substantiation was provided or procedures at 40 CFR 720.85(b)(3)(iv), any public documents. Though the referenced and proposed that the serve as a basis for this exemption. question as originally worded was Agency may release the specific

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chemical identity to the public without the person is withdrawing the engineering, which claimants will be further notice to the NOA Form A confidentiality claim, EPA will not required to answer when substantiating submitter. In response to comments, the protect the information from disclosure such CBI claims in the future. The final rule provides that when a person from that date forward; or (2) if EPA amendments also require any person who asserted a CBI claim for a specific otherwise becomes aware that the who has already submitted an NOA chemical identity in an NOA Form A information does not qualify for Form B and substantiation on that form failed to timely submit a substantiation protection from disclosure, the Agency before the effective date of this final rule or notice of prior substantiation, the CBI will take the actions described in TSCA to supplement that substantiation claim will be denied, and the submitter section 14(g)(2) to notify the claimant of within 30 days of the effective date of will be provided notice and an EPA’s intent to disclose the information. the final rule by adding responses to the opportunity to seek judicial review of The period of protection is also subject two new questions. All other existing the final confidentiality determination to the exceptions and extensions to regulatory provisions in 40 CFR 710.37 in accordance with TSCA section protection from disclosure enumerated applicable to the assertion, 14(g)(2) and 40 CFR 2.306(e). in TSCA section 14. This is unchanged substantiation, certification, and review f. Electronic filing. The final rule from what was proposed. of CBI claims remain unchanged. provides that information must be c. Updating the TSCA Inventory. The submitted electronically via CDX in final rule provides that EPA will IV. Economic Analysis accordance with the existing regulation periodically update the TSCA Inventory The estimated incremental impacts of at 40 CFR 710.39. Prior to submission, based on the results of the reviews of this rulemaking are briefly summarized this information must be generated and the confidentiality claims for a specific in this unit and the complete Economic completed using the e-NOA software chemical identity. This is unchanged Analysis is available in the docket (Ref. module. This is unchanged from what from what was proposed. 4). The rule requirements involve an was proposed. d. Posting annual goals and numbers incremental reporting effort for g. Record-keeping requirements. The of reviews completed. The final rule respondents who asserted CBI claims for final rule provides that persons subject provides that at the beginning of each one or more specific chemical identities to this rule must retain records for a calendar year until all reviews are in NOAs Form A during the one-time period of five years beginning on the completed, EPA will publish an annual reporting period in 40 CFR part 710, last day of the submission period. This goal for reviews and the number of subpart B. The rule requirements also is unchanged from what was proposed. reviews completed in the prior year on involve an incremental reporting effort the Agency website. This activity will for respondents who assert(ed) CBI 2. EPA’s Review Plan begin in 2021, because substantiations claims for one or more specific chemical This final rule also addresses the CBI are not required to be submitted to EPA identities in NOAs Form B. These claim review process, the duration of until late 2020. The setting of annual reporting efforts consist of activities that protection from disclosure, TSCA review goals will take into consideration are the same as or similar to those in the Inventory updates, the posting of annual the number of claims needing review, 2017 Active-Inactive Rule. review goals and results, and the available resources, and the statutory Respondents who submitted an NOA timeframe for completion of Agency target completion date for all reviews to Form A and would potentially be reviews. These provisions are be completed not later than February 19, subject to an incremental reporting substantively unchanged from the 2024. The final rule reflects a minor effort fall into three groups based on the proposal. modification from the proposal to information provided in their a. Review criteria and procedures. clarify that the posting of annual goals submission. The first group (Group (1)) The final rule provides that CBI claims and number of reviews completed will consists of those respondents who for specific chemical identities asserted cease upon completion of all reviews. voluntarily submitted upfront CBI in NOAs Form A will be reviewed and e. Extension. The final rule provides, substantiation as part of the NOA approved or denied in accordance with consistent with the statute, that in the submission process. The second group the criteria and procedures in TSCA event that EPA determines that the (Group (2)) consists of those section 14 and 40 CFR part 2, subpart target completion date cannot be met respondents who did not voluntarily B. The final rule differs from the based on the number of claims needing submit upfront CBI substantiation, but proposal in that a TSCA section 14 review and the available resources, then will be able to use the exemption reference is added to the regulatory text EPA will publish a notice in the Federal offered under this rule by referencing a to make explicit that the Agency’s Register announcing an extension of the previous substantiation, such as one review criteria and procedures will deadline to complete its review of all submitted under the 2016 or 2020 follow the statutory requirements of confidentiality claims. The extension Chemical Data Reporting (CDR) rule (40 TSCA. To the extent that there is any may not be for more than two additional CFR part 711) or with a Notice of conflict between TSCA section 14 and years. EPA will provide an explanation Commencement. The third group 40 CFR part 2, subpart B, the statutory of the reasons for the extension in the (Group (3)) consists of the remaining provision controls. Federal Register. This is unchanged respondents who did not voluntarily b. Duration of protection from from what was proposed. submit upfront CBI substantiation in disclosure. The final rule provides that their NOA Form A submissions and a specific chemical identity whose CBI B. CBI Claims for Specific Chemical would be required to provide full claim was approved by EPA will Identities Asserted in NOAs Form B substantiation under this rule. generally be protected from disclosure This final rule amends existing In addition to the three NOA Form A for a period of 10 years from the date on substantiation requirements set forth in reporting groups, respondents who which the confidentiality claim was first 40 CFR 710.37(a)(2) and (c)(2) for CBI assert(ed) CBI claims for one or more asserted by any submitter after June 22, claims for specific chemical identities specific chemical identities in NOAs 2016. The main exceptions to this asserted in an NOA Form B. These Form B are subject to an incremental period of protection from disclosure are amendments add two substantiation reporting effort. This includes (1) that if prior to the expiration of the questions relevant to a specific chemical respondents who will submit an NOA period, the claimant notifies EPA that identity’s susceptibility to reverse Form B as part of ongoing reporting, as

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well as a set of 54 companies who includes CBI claims for two specific 9. EPA. Information Collection Request (ICR) asserted CBI claims for one or more chemical identities and, therefore, incur Supporting Statement. Procedures for specific chemical identities in NOAs a burden associated with ongoing Review of CBI Claims for the Identity of Form B that was submitted during a reporting. Additionally, the one-time Chemicals on the TSCA Inventory one-time transitional reporting period. (Notice of Activity Form As). EPA ICR burden and cost estimates associated No.: 2594.03, OMB Control No.: 2070– Under this rule, the 275 companies with this rule take into account a set of 0210. February 4, 2020. who asserted CBI claims for one or more 265 NOA Form B submissions from a specific chemical identities in NOAs total of 54 companies that were received VI. Statutory and Executive Order Form A incur a one-time burden and during a one-time transitional reporting Reviews cost. For Group (1), the average one-time period. Additional information about these burden and costs per company are The total burden and costs associated statutes and Executive orders can be estimated at approximately 7 hours and with this rule consist of a one-time found at https://www.epa.gov/laws- $543, respectively (involving an average burden and cost for regulated entities regulations/laws-and-executive-orders. of 21 chemicals per company) for rule estimated at 5,259 hours and $406,852 A. Executive Order 12866: Regulatory familiarization, providing answers for and an ongoing annual burden and cost Planning and Review and Executive two substantiation questions relating to estimated at approximately 0.38 hours Order 13563: Improving Regulation and reverse engineering, and recordkeeping. and $29 for each year of a ten-year Regulatory Review For Group (2), the average one-time period. The equivalent annualized costs burden and costs per company are are expected to be $47,729 at a three This action is not a significant estimated at 5 hours and $390, percent discount rate and $57,968 at a regulatory action and was therefore not respectively (involving an average of seven percent discount rate (Ref. 4). submitted to the Office of Management four chemicals per company), for rule and Budget (OMB) for review under familiarization, identification of a V. References Executive Orders 12866 (58 FR 51735, previous substantiation, and October 4, 1993) and 13563 (76 FR 3821, recordkeeping. For Group (3), the The following is a listing of the January 21, 2011). average one-time burden and costs per documents that are specifically company are estimated at 39 hours, and referenced in this document. The docket B. Executive Order 13771: Reducing $3,039, respectively (involving an includes these documents and other Regulations and Controlling Regulatory average of 27 chemicals per company), information considered by EPA, Costs for rule familiarization, full including documents that are referenced This action is not a regulatory action substantiation, and recordkeeping. within the documents that are included Respondents who have filed or will in the docket, even if the referenced under Executive Order 13771 (82 FR file an NOA Form B that asserts a CBI document is not physically located in 9339, February 3, 2017) because this claim for a specific chemical identity the docket. For assistance in locating action is not significant under Executive would be required to provide answers these other documents, please consult Order 12866. for two additional substantiation the technical person listed under FOR C. Paperwork Reduction Act (PRA) questions relating to reverse FURTHER INFORMATION CONTACT. engineering. For NOA Form B The information collection activities 1. EPA. Notice of Activity Form A; Final, in this action have been submitted for submissions occurring on an annual 2017. basis, the average incremental burden 2. EPA. TSCA Inventory Notification (Active- approval to the Office of Management and costs per company are estimated at Inactive) Requirements; Final Rule. and Budget (OMB) under the PRA, 44 approximately 0.38 hours and $29, Federal Register, 82 FR 37520, August. U.S.C. 3501 et seq. The Information respectively (involving an average of 11, 2017 (FRL–9964–22). Collection Requests (ICR) are assigned two chemicals per company). For the 3. EPA. Notice of Activity Form B; Final, EPA ICR number ICR No. 2594.03 and 2017. 265 NOA Form B submissions from a OMB Control No. 2070–0210 (Ref. 9). 4. EPA. Economic Analysis for the Final You can find a copy of the ICR in the total of 54 companies that were received Rule: Procedures for Review of CBI during a one-time transitional reporting docket and it is briefly summarized Claims for the Identity of Chemicals on here. period, the total one-time burden and the TSCA Inventory (RIN 2070–AK21). cost across all companies are estimated February 4, 2020. The reporting requirements identified at approximately 50 hours and $3,903, 5. U.S. Court of Appeals for the District of in this action will provide EPA with respectively. Columbia Circuit entered a judgment in information necessary to evaluate The burden and cost estimates Environmental Defense Fund v. EPA, 922 confidentiality claims and determine associated with the rule include a one- F.3d 446 (DC Cir. 2019). whether the claims qualify for time burden associated with NOA Form 6. EPA. Procedures for Review of CBI Claims protection from disclosure. EPA will A submissions, as well as an ongoing for the Identity of Chemicals on the review each CBI claim for specific TSCA Inventory; Revisions to the CBI chemical identity and related burden and one-time burden associated Substantiation Requirements; with NOA Form B submissions. A total Supplemental notice of proposed substantiation, and approve or deny of 275 companies are subject to a one- rulemaking. Federal Register, 84 FR each claim consistent with the time burden associated with 60363, November 8, 2019 (FRL–10001– procedures and substantive criteria in substantiating CBI claims for specific 44). TSCA sections 8(b)(4) and 14 and 40 chemical identities asserted in NOAs 7. EPA. Procedures for Review of CBI Claims CFR part 2, subpart B. Form A, including: Group (1), consisting for the Identity of Chemicals on the Respondent’s obligation to respond: of 149 companies, Group (2), consisting TSCA Inventory; Proposed Rule. Federal Mandatory under TSCA section 8 and of 23 companies, and Group (3), Register, 84 FR 16826, April 23, 2019 40 CFR part 710. (FRL–9992–05). Estimated total number of potential consisting of 103 companies. The 8. EPA. Response to Comments on the ongoing burden associated with NOA Proposed Rule, Procedures for Review of respondents: 329 companies (one time) Form B submissions is based on the CBI Claims for the Identity of Chemicals and 1 company annually (ongoing). expectation that each year one company on the TSCA Inventory. February 4, Frequency of response: Once per will submit an NOA Form B that 2020. chemical substance.

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Estimated total burden: 5,259 hours F. Executive Order 13132: Federalism establish an environmental health or (one time) and 0.38 hours annually This action does not have federalism safety standard. This action establishes (ongoing). Burden is defined at 5 CFR implications as specified in Executive an information requirement and does 1320.3(b). Order 13132 (64 FR 43255, August 10, not affect the level of protection Estimated total costs: $406,852 (one 1999). It will not have substantial direct provided to human health or the time) and $29 annually (ongoing), effects on the states, on the relationship environment. includes no annualized capital between the National Government and VII. Congressional Review Act (CRA) investment or maintenance and the states, or on the distribution of operational costs. power and responsibilities among the This action is subject to the CRA, 5 An agency may not conduct or various levels of government. U.S.C. 801 et seq., and EPA will submit sponsor, and a person is not required to a rule report to each House of the respond to, a collection of information G. Executive Order 13175: Consultation Congress and to the Comptroller General and Coordination With Indian Tribal unless it displays a currently valid OMB of the United States. This action is not Governments control number. The OMB control a ‘‘major rule’’ as defined by 5 U.S.C. numbers for the EPA’s regulations in 40 This action does not have tribal 804(2). CFR are listed in 40 CFR part 9 and are implications as specified in Executive List of Subjects in 40 CFR Part 710 displayed on the related collection Order 13175 (65 FR 67249, November 9, Environmental protection, Chemicals, instrument or form. When OMB 2000). It will not have substantial direct Confidential business information, approves this ICR, the Agency will effects on tribal governments, on the Hazardous substances, Reporting and announce that approval in the Federal relationship between the Federal recordkeeping requirements. Register and publish a technical Government and the Indian tribes, or on amendment to 40 CFR part 9 to display the distribution of power and Dated: February 19, 2020. the OMB control number for the responsibilities between the Federal Andrew R. Wheeler, approved information collection Government and Indian tribes. Thus, Administrator. activities contained in this final rule. E.O. 13175 does not apply to this action. Therefore, 40 CFR chapter I, D. Regulatory Flexibility Act (RFA) H. Executive Order 13045: Protection of subchapter R, is amended as follows: Children From Environmental Health Pursuant to section 605(b) of the RFA, Risks and Safety Risks PART 710—[AMENDED] 5 U.S.C. 601 et seq., I certify that this final rule will not have a significant EPA interprets Executive Order 13045 ■ 1. The authority citation for part 710 economic impact on a substantial (62 FR 19885, April 23, 1997), as continues to read as follows: applying only to those regulatory number of small entities. The small Authority: 15 U.S.C. 2607(a) and (b). entities subject to the requirements of actions that concern health or safety this action are manufacturers (including risks, such that the analysis required Subpart B—Commercial Activity importers) and processors of chemical under section 5–501 of Executive Order Notification substances. The estimated economic 13045 has the potential to influence the ■ impacts on small entities are presented regulation. This action is not subject to 2. Amend § 710.37 by adding in the Economic Analysis, (Ref. 4), Executive Order 13045 because it does paragraph (a)(2)(i) and reserved which is available in the docket and not establish an environmental standard paragraph (a)(2)(ii) and revising briefly summarized here. intended to mitigate health or safety paragraph (c)(2) to read as follows: risks. As a conservative approach, this small § 710.37 Confidentiality claims. entity analysis applies the highest unit I. Executive Order 13211: Actions (a) * * * cost to all small entities. When Concerning Regulations That (2) * * * considering the highest estimated Significantly Affect Energy Supply, (i) Persons who submitted the average cost per company, the rule is Distribution, or Use information described in paragraph not anticipated to have cost impacts This action is not a ‘‘significant (a)(2) of this section before May 5, 2020 greater than 1% on any small entities. energy action’’ as defined in Executive must submit answers to the questions in Details of this analysis are included in Order 13211 (66 FR 28355, May 22, paragraphs (c)(2)(ii) and (iii) of this the accompanying Economic Analysis 2001), because it is not likely to have a section not later than June 4, 2020. for this final rule (Ref. 4). significant adverse effect on energy (ii) [Reserved] E. Unfunded Mandates Reform Act supply, distribution, or use. * * * * * (UMRA) (c) * * * J. National Technology Transfer and (2) Substantiation for confidentiality This action does not contain an Advancement Act (NTTAA) claims for specific chemical identity. (i) unfunded mandate as described in Since this action does not involve any Is the confidential chemical substance UMRA, 2 U.S.C. 1531–1538, and does technical standards, NTTAA section publicly known to have ever been not significantly or uniquely affect small 12(d), 15 U.S.C. 272 note, does not offered for commercial distribution in governments. This action is not apply to this action. the United States? If you answered yes, expected to impose enforceable duty on explain why the information should be any state, local or tribal governments, K. Executive Order 12898: Federal treated as confidential. and the requirements imposed on the Actions To Address Environmental (ii) Does this particular chemical private sector are not expected to result Justice in Minority Populations and substance leave the site of manufacture in annual expenditures of $100 million Low-Income Populations (including import) or processing in any or more for the private sector. As such, This action does not entail special form, e.g., as a product, effluent, or EPA has determined that the considerations of environmental justice emission? If yes, please explain what requirements of UMRA sections 202, related issues as delineated by measures have been taken, if any, to 203, 204, or 205 do not apply to this Executive Order 12898 (59 FR 7629, guard against the discovery of its action. February 16, 1994), because it does not identity.

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(iii) If the chemical substance leaves questions in § 710.45, is exempt from (iii) Does any of the information the site in a form that is available to the the substantiation requirement of this claimed as confidential appear in one or public or your competitors, can the subpart if both of the following more patents or patent applications? If chemical identity be readily discovered conditions are met: yes, please provide the associated patent by analysis of the substance (e.g., (i) The previous substantiation was number or patent application number product, effluent, or emission), in light submitted to EPA on or after November (or numbers) and explain why the of existing technologies and any costs, 1, 2015; and information should be treated as difficulties, or limitations associated (ii) The person reports to EPA the confidential. with such technologies? Please explain submission date, submission type, and (4) Is the claim of confidentiality why or why not. case number, transaction ID, or intended to last less than 10 years? If * * * * * equivalent identifier for the previous yes, please indicate the number of years ■ 3. Add subpart C to read as follows: submission that contained the (between 1–10 years) or the specific substantiation, not later than the date/occurrence after which the claim is Subpart C—Review Plan deadline specified in § 710.47. withdrawn. (5) Has EPA, another Federal agency, § 710.45 Contents of substantiation. Sec. or court made any confidentiality 710.41 Scope. (a) The submission. A person determination regarding information 710.43 Persons subject to substantiation substantiating a confidentiality claim for requirement. associated with this chemical a specific chemical identity must submit substance? If yes, please provide the 710.45 Contents of substantiation. written answers to the questions in 710.47 When to submit substantiation or circumstances associated with the prior information on previous substantiation. paragraph (b) of this section, signed and determination, whether the information 710.49 Failure to report. dated by an authorized official, and was found to be entitled to confidential 710.51 Electronic filing. complete the certification statement in treatment, the entity that made the 710.53 Recordkeeping requirements. § 710.37(e). If any of the information decision, and the date of the 710.55 Claim review, duration of contained in the answers to the determination. protection, TSCA Inventory questions listed in paragraph (b) of this (6) Is the confidential chemical maintenance, posting results, and section is itself claimed as confidential, extension. substance publicly known (including by the submitter must clearly indicate such your competitors) to have ever been § 710.41 Scope. by marking that information as offered for commercial distribution in This subpart applies to the confidential business information. the United States? If yes, please explain substantiation and review of claims of (b) Substantiation questions. (1) Will why the specific chemical identity confidentiality asserted in Notices of disclosure of the information claimed as should still be afforded confidential Activity Form A to protect the specific confidential likely cause substantial status (e.g., the chemical substance is chemical identities of chemical harm to your business’s competitive publicly known only as being substances. position? If you answered yes, describe distributed in commerce for research the substantial harmful effects that and development purposes, but no other § 710.43 Persons subject to substantiation would likely result to your competitive information about the current requirement. position if the information is disclosed, commercial distribution of the chemical (a) Who must substantiate. Any including but not limited to how a substance in the United States is person who filed a Notice of Activity competitor could use such information publicly available). Form A requesting to maintain an and the causal relationship between the (7) Does this particular chemical existing confidentiality claim for a disclosure and the harmful effects. substance leave the site of manufacture specific chemical identity must (2) To the extent your business has (including import) or processing in any substantiate that confidentiality claim as disclosed the information to others form, e.g., as a product, effluent, or specified in §§ 710.45 and 710.47 unless (both internally and externally), has emission? If yes, please explain what eligible for an exemption in paragraph your business taken precautions to measures have been taken, if any, to (b) of this section. protect the confidentiality of the guard against the discovery of its (b) Exemptions. (1) Any person who disclosed information? If yes, please identity. completed the voluntary substantiation explain and identify the specific (8) If the chemical substance leaves process set forth in § 710.37(a)(1) is measures, including but not limited to the site in a form that is available to the exempt from the substantiation internal controls, that your business has public or your competitors, can the requirement of this subpart pertaining to taken to protect the information claimed chemical identity be readily discovered the submission of answers to the as confidential. by analysis of the substance (e.g., questions in § 710.45(b)(1) through (6). (3)(i) Is any of the information product, effluent, or emission), in light All remaining requirements of § 710.45 claimed as confidential required to be of existing technologies and any costs, must be met in accordance with the publicly disclosed under any other difficulties, or limitations associated deadline specified in § 710.47(a), Federal law? If yes, please explain. with such technologies? Please explain including the requirement to submit (ii) Does any of the information why or why not. answers to the questions in claimed as confidential otherwise § 710.45(b)(7) and (8), signed and dated appear in any public documents, § 710.47 When to submit substantiation or by an authorized official, and to including (but not limited to) safety data information on previous substantiation. complete the certification statement in sheets; advertising or promotional (a) All persons required to § 710.37(e). material; professional or trade substantiate a confidentiality claim (2) A person who has previously publications; state, local, or Federal pursuant to § 710.43(a) or (b)(1) must substantiated the confidentiality claim agency files; or any other media or submit their substantiation not later for a specific chemical identity that the publications available to the general than November 1, 2020. person requested to maintain in a Notice public? If yes, please explain why the (b) All persons who seek an of Activity Form A, by submitting information should be treated as exemption under § 710.43(b)(2) must information that is responsive to all confidential. submit the information specified in

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§ 710.43(b)(2)(ii) not later than publish an annual goal for reviews and ECFS at https://docs.fcc.gov/public/ November 1, 2020. the number of reviews completed in the attachments/DA-20-148A1.docx. prior year on the Agency website. Documents will be available § 710.49 Failure to report. Determination of annual review goals electronically in ASCII, Microsoft Word, If neither the substantiation required will take into consideration the number and/or Adobe Acrobat. The complete under § 710.43(a) or (b)(1), nor the of claims needing review, available text may be purchased from the information specified in resources, and a target completion date Commission’s copy contractor, 445 12th § 710.43(b)(2)(ii), is submitted to EPA in for all reviews under this subpart not Street SW, Room CY–B402, Washington, accordance with the provisions of this later than February 19, 2024. DC 20554. Alternative formats are subpart, then EPA will deny the (e) Extension. If EPA determines that available for people with disabilities confidentiality claim in accordance with the target completion date in paragraph (Braille, large print, electronic files, the procedures set forth in TSCA section (d) of this section cannot be met based audio format), by sending an email to 14(g)(2) and 40 CFR part 2, subpart B. on the number of claims needing review [email protected] or calling the § 710.51 Electronic filing. and the available resources, then EPA Commission’s Consumer and EPA will accept information will publish a document in the Federal Governmental Affairs Bureau at (202) submitted under this subpart only if Register announcing the extension of 418–0530 (voice), (202) 418–0432 submitted in accordance with § 710.39. the deadline to complete its review of (TTY). all confidentiality claims under this § 710.53 Recordkeeping requirements. subpart for not more than two Synopsis Each person who is subject to this additional years, together with an 1. By this Order, we grant NCTA— part must retain records that document explanation of the reasons for the The internet & Television Association’s any information reported to EPA. extension. (NCTA’s) Petition for Clarification 1 of Records must be retained for a period of [FR Doc. 2020–03868 Filed 3–5–20; 8:45 am] the Media Bureau’s Order Denying 5 years beginning on the last day of the BILLING CODE 6560–50–P Motion for Stay of the Commission’s submission period. Third Report and Order 2 in the above- captioned proceeding.3 In its Petition, § 710.55 Claim review, duration of NCTA requests that the Bureau remove protection, TSCA Inventory maintenance, FEDERAL COMMUNICATIONS posting results, and extension. COMMISSION from the Stay Denial Order certain language in paragraph 21 that ‘‘creates (a) Review criteria and procedures. the potential for confusion and the Except as set forth in this subpart, 47 CFR Part 76 appearance of a conflict with the Third confidentiality claims for specific [MB Docket No. 05–311; DA 20–148; FRS Report and Order.’’ In particular, NCTA chemical identities asserted in Notices 16523] asks that the Bureau excise two of Activity Form A will be reviewed and statements from paragraph 21. These approved or denied in accordance with Local Franchising Authorities’ statements are: ‘‘The rules in the [Third the criteria and procedures in TSCA Regulation of Cable Operators and Report and Order] did not supersede section 14 and 40 CFR part 2, subpart Cable Television Services provisions in existing franchise B. AGENCY: Federal Communications agreements on their effective date’’ and (b) Duration of protection from Commission. ‘‘[i]f negotiations fail, the terms in the disclosure. Except as provided in 40 ACTION: franchise remain in effect unless and CFR part 2, subpart B, and section 14 of Interpretive rule. until a cable operator challenges those TSCA, a specific chemical identity that SUMMARY: In this document, the Media terms and proves that the terms violate is the subject of an approved Bureau, Federal Communications the [Third Report and Order’s] confidentiality claim under this subpart Commission (Commission), clarifies a requirements.’’ will be protected from disclosure for a Media Bureau order denying a motion 2. After reviewing the record period of 10 years from the date on for stay of the Commission’s Third developed in response to the Petition,4 which the confidentiality claim was first Report and Order in the above- asserted by any submitter after June 22, mentioned docket. 1 NCTA Petition for Clarification of Order 2016, unless, prior to the expiration of DATES: This interpretive rule is effective Denying Motion for Stay, MB Docket No. 05–311, the period, the claimant notifies EPA on March 6, 2020 and applicable filed Nov. 15, 2019 (Petition). Although NCTA did that the person is withdrawing the beginning February 11, 2020. not title its submission as a petition for confidentiality claim, in which case reconsideration, we will treat it as a petition for FOR FURTHER INFORMATION CONTACT: For reconsideration because it seeks further review of EPA will not protect the information additional information on this the Stay Denial Order. from disclosure; or EPA otherwise 2 proceeding, contact Raelynn Remy of The Third Report and Order became effective on becomes aware that the information September 26, 2019 (84 FR 44725, Aug. 27, 2019). the Media Bureau, Policy Division, at does not qualify for protection from 3 An extensive discussion of the historical [email protected] or (202) 418– disclosure, in which case EPA will take background of this proceeding is set forth in the 2120. Third Report and Order and the Stay Denial Order the actions described in TSCA section (https://docs.fcc.gov/public/attachments/DA-19- 14(g)(2) to notify the claimant of EPA’s SUPPLEMENTARY INFORMATION: This is a 1149A1.docx); thus, we do not reiterate it at length intent to disclose the information. summary of the Media Bureau’s Order here. After the Stay Denial Order was issued, (c) Updating the TSCA Inventory. EPA on Reconsideration, DA 20–148, certain municipalities sought a judicial stay of the will periodically update the TSCA adopted and released on February 11, Third Report and Order in the Ninth Circuit. That court subsequently transferred challenges to the Inventory based on the results of the 2020. The full text is available for public Third Report and Order then pending before it, reviews of the confidentiality claims inspection and copying during regular including the motion for judicial stay, to the Sixth asserted in Notices of Activity Form A. business hours in the FCC Reference Circuit. (d) Posting of annual goals and Center, Federal Communications 4 The Media Bureau issued a Public Notice seeking comment on NCTA’s petition (84 FR 66186, numbers of reviews completed. At the Commission, 445 12th Street SW, Room Dec. 3, 2019). One party filed comments opposing beginning of each calendar year until all CY–A257, Washington, DC 20554. This the Petition. One party filed comments in support reviews are completed, EPA will document will also be available via of the Petition.

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