
[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)]
[Notices]
[Pages 90843-90848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30177]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2016-0597; FRL-9954-68]


Chemical Data Reporting; Requirements for Inorganic Byproduct 
Chemical Substances; Notice of Intent To Negotiate

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Intent to Establish Negotiated Rulemaking Committee 
and Negotiate a Proposed Rule.

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SUMMARY: EPA is giving notice that it intends to establish a Negotiated 
Rulemaking Committee under the Federal Advisory Committee Act

[[Page 90844]]

(FACA) and the Negotiated Rulemaking Act (NRA). The objective of the 
Negotiated Rulemaking Committee will be to negotiate a proposed rule 
that would limit chemical data reporting requirements under section 
8(a) of the Toxic Substances Control Act (TSCA), as amended by the 
Frank. R. Lautenberg Chemical Safety for the 21st Century Act, for 
manufacturers of any inorganic byproduct chemical substances, when such 
byproduct chemical substances are subsequently recycled, reused, or 
reprocessed. The purpose of the Negotiated Rulemaking Committee will be 
to conduct discussions in a good faith attempt to reach consensus on 
proposed regulatory language. This negotiation process is required by 
section 8(a)(6) of TSCA. The Negotiated Rulemaking Committee will 
consist of representatives of parties with a definable stake in the 
outcome of the proposed requirements.

DATES: Comments must be received on or before January 17, 2017.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2016-0597, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Susan Sharkey, Chemical Control Division (7405M), 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. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(including manufacture as a byproduct chemical substance) or import 
chemical substances listed on the TSCA Inventory. The following list of 
North American Industrial Classification System (NAICS) codes are not 
intended to be exhaustive, but rather provides a guide to help readers 
determine whether this action may apply to them:
     Chemical manufacturers and importers (NAICS codes 325 and 
324110; e.g., chemical manufacturing and processing and petroleum 
refineries).
     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).
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical person listed 
under FOR FURTHER INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or email. Clearly mark the part or all of 
the information that you claim to be CBI. For CBI information in a disk 
or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM 
as CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. What action is the Agency taking?

    As required by the Negotiated Rulemaking Act of 1996 (NRA), EPA is 
giving notice that the Agency intends to establish a Negotiated 
Rulemaking Committee. The objective of this Negotiated Rulemaking 
Committee will be to develop a proposed rule providing for limiting 
chemical data reporting requirements, under TSCA section 8(a), for 
manufacturers of any inorganic byproduct chemical substances, when such 
byproduct chemical substances are subsequently recycled, reused, or 
reprocessed. This negotiation process, which includes the establishment 
of a federal advisory committee, is required by section 8(a)(6) of the 
Toxic Substances Control Act (TSCA), as amended by the Frank. R. 
Lautenberg Chemical Safety for the 21st Century Act (``Lautenberg 
Act'').

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

    This notice announcing EPA's intent to establish a Negotiated 
Rulemaking Committee to negotiate a proposed regulation was developed 
under the authority of sections 563 and 564 of the Negotiated 
Rulemaking Act (NRA) (5 U.S.C. 561, Pub. L. 104-320). This Negotiated 
Rulemaking Committee will be a statutory committee under the Federal 
Advisory Committee Act (FACA) (5 U.S.C. App. 2, section 9(a)(1)). Any 
proposed regulation resulting from the negotiation process would be 
developed under the authority of TSCA section 8 (15 U.S.C. 2607), as 
amended by the Lautenberg Act (Pub. L. 114-182).

III. Negotiated Rulemaking

A. Why is the Agency pursuing a negotiated rulemaking?

    In the Lautenberg Act, Congress mandated that EPA undertake a 
negotiation process, pursuant to the NRA, aimed at developing a rule to 
limit TSCA section 8(a) chemical data reporting requirements for 
manufacturers of any inorganic byproduct chemical substances, when such 
byproduct chemical substances are subsequently recycled, reused, or 
reprocessed.
    EPA sees potential benefits from undertaking this negotiated 
rulemaking process. A regulatory negotiation process will allow EPA to 
engage directly with informed, interested, and affected parties, all of 
whom are working together to resolve their differences. Because a 
negotiating committee includes representatives from the major 
stakeholder groups affected by or interested in the rule, the number of 
public comments on any proposed rule may be reduced and those comments 
that are received may be more moderate. EPA anticipates that few 
substantive changes would be

[[Page 90845]]

needed to any proposed rule resulting from the negotiated rulemaking 
process. Finally, EPA recognizes an observation of the Administrative 
Conference of the United States: ``Experience indicates that if the 
parties in interest were to work together to negotiate the text of a 
proposed rule, they might be able in some circumstances to identify the 
major issues, gauge their importance to the respective parties, 
identify the information and data necessary to resolve the issues, and 
develop a rule that is acceptable to the respective interests, all 
within the contours of the substantive statute.'' ACUS Recommendation 
82-4.

B. What is the concept of negotiated rulemaking?

    Negotiated rulemaking is a process in which a proposed rule is 
developed by a committee composed of representatives of all those 
interests that will be significantly affected by the rule. Decisions 
are made by consensus, which the NRA defines as the unanimous 
concurrence among interests represented on a Negotiated Rulemaking 
Committee, unless the Negotiated Rulemaking Committee itself 
unanimously agrees to use a different definition. To start the process, 
the Agency identifies all interests potentially affected by the 
rulemaking under consideration. To help in this identification process, 
the Agency publishes a notice in the Federal Register, such as this 
one, which identifies a preliminary list of interests and requests 
public comment on that list. Following receipt of the comments, the 
Agency establishes a committee representing these various interests to 
negotiate a consensus on the terms of a proposed rule. Representation 
on the Negotiated Rulemaking Committee may be direct, that is, each 
member represents a specific interest, or may be indirect, through 
coalitions of parties formed for this purpose. The Agency is a member 
of the Negotiated Rulemaking Committee representing the Federal 
government's own set of interests. The Negotiated Rulemaking Committee 
is facilitated by a trained mediator, who facilitates the negotiation 
process. The role of this mediator, or facilitator, is to apply proven 
consensus building techniques to the advisory committee setting.
    If a regulatory negotiation advisory committee reaches consensus on 
the provisions of a proposed rule, the Agency, consistent with its 
legal obligations, would use such consensus as the basis of a proposed 
rule, to be published in the Federal Register. This provides the 
required public notice and allows for a public comment period. All 
participants and interested parties would retain their rights to 
comment and to seek judicial review. EPA anticipates, however, that any 
preproposal consensus agreed upon by this Negotiated Rulemaking 
Committee would effectively address all major issues prior to 
publication of a proposed rulemaking.

C. What is the Agency commitment?

    In initiating this regulatory negotiation process, EPA is making a 
commitment to provide adequate resources to ensure timely and 
successful completion of the process. This commitment includes making 
the process a priority activity for all representatives, components, 
officials, and personnel of the Agency who need to be involved in the 
rulemaking, from the time of initiation until such time as a final rule 
is issued or the process is expressly terminated. EPA will provide 
administrative support for the process and will take steps to ensure 
that the Negotiated Rulemaking Committee has the dedicated resources it 
requires to complete its work in a timely fashion. These include the 
provision or procurement of such support services as: Properly equipped 
space adequate for public meetings and caucuses; logistical support; 
distribution of background information; the service of a facilitator; 
and such additional research and other technical assistance as may be 
necessary. If there is consensus within the Negotiated Rulemaking 
Committee, EPA will use the consensus to the maximum extent possible, 
consistent with the legal obligations of the Agency, as the basis for a 
rule proposed by the Agency for public notice and comment. The Agency 
is committed to working in good faith to seek consensus on a proposal 
that is consistent with the legal mandate of TSCA.

D. What is the negotiating consensus?

    A key principle of negotiated rulemaking is that agreement is by 
consensus of all the interests. Thus, no one interest or group of 
interests is able to control the process. Again, the NRA defines 
consensus as the unanimous concurrence among interests represented on a 
Negotiated Rulemaking Committee, unless the Negotiated Rulemaking 
Committee itself unanimously agrees to use a different definition. In 
addition, experience has demonstrated that using a trained mediator to 
facilitate this process will assist all potential parties, including 
EPA, to identify their interests in the rule and so to be able to 
reevaluate previously stated positions on issues involved in this 
rulemaking effort.

IV. Chemical Data Reporting for Inorganic Byproduct Chemical Substances

A. Chemical Data Reporting (CDR) Framework

    Under TSCA, EPA regulates the manufacture, processing, 
distribution, use, and disposal of chemical substances in the United 
States. The TSCA Inventory of Chemical Substances (TSCA Inventory) 
lists the chemical substances which are manufactured or processed in 
the United States (also called ``existing chemical substances''). 
Chemical substances not on the TSCA Inventory are known as ``new 
chemical substances'' and are required to be reviewed through EPA's new 
chemical program (under TSCA section 5) prior to the commencement of 
manufacture or processing. There are over 85,000 chemical substances 
listed on the TSCA Inventory.
    In 1986, EPA created the Inventory Update Reporting (IUR) 
regulation under TSCA section 8 to collect, every four years, limited 
information on the manufacture (which includes import) of organic 
chemical substances listed on the TSCA Inventory, thereby providing 
more up-to-date production volume information on the chemical 
substances in U.S. commerce. In 2005, EPA amended the IUR to require 
the reporting of information on inorganic chemical substances and to 
collect additional manufacturing, processing, and use information. EPA 
has since made additional changes to the reporting requirements, and in 
2011 changed the name of the reporting rule to Chemical Data Reporting. 
CDR regulations are currently codified at 40 CFR part 711. EPA believes 
CDR is the only current reporting obligation under TSCA section 8(a) 
that is likely to affect the manufacturers of inorganic byproduct 
chemical substances. Information collected under CDR is used to support 
Agency programs, providing exposure-related data for chemical 
substances subject to TSCA in U.S. commerce. This information is also 
made publicly available, to the extent possible while continuing to 
protect submitted information claimed as confidential business 
information.
    Manufacturers of inorganic chemical substances first reported under 
the IUR in 2006. They also reported under the CDR in 2012 and 2016. 
Specific reporting requirements for these manufacturers were phased in, 
to allow for the industry to better understand the reporting 
requirements and for EPA to

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gain a better understanding of the industry. In recent years, the 
regulatory requirement to report byproduct chemical substances (and the 
availability of exemptions from that requirement) has been a frequent 
topic of discussion.

B. Inorganic Byproduct Chemical Substances Under CDR

    A byproduct chemical substance is a chemical substance produced 
without a separate commercial intent during the manufacture, 
processing, use, or disposal of another chemical substance or mixture. 
Such byproduct chemical substances may, or may not, in themselves have 
commercial value. They are nonetheless produced for the purpose of 
obtaining a commercial advantage. Because byproduct chemical substances 
are manufactured for a commercial purpose, such manufacturing is 
reportable under CDR unless covered by a specific reporting exemption. 
CDR contains a specific reporting exemption for the manufacture of 
byproduct chemical substances, limited to cases where those byproduct 
chemical substances are not used for any commercial purposes (or are 
only used for certain limited commercial purposes) after they are 
manufactured. 40 CFR 711.10(c). Inorganic byproduct chemical substances 
are often recycled. The recycling of a byproduct chemical substance may 
qualify as a commercial purpose beyond the limited commercial purposes 
encompassed by 40 CFR 711.10(c). If so, then the CDR exemption for the 
manufacturer of a byproduct chemical substance is unavailable.
    Beginning in 2006, EPA became aware of a variety of questions 
raised by the manufacturers of inorganic byproduct chemical substances 
about their obligations to report their manufacture of those byproduct 
chemical substances. EPA has since provided detailed guidance to 
address a variety of questions that have been raised. See 75 FR 49675-6 
(2010); 76 FR 50832-3, 50849-50851 (2011). In 2011, EPA also stated 
that it would examine CDR information related to byproduct chemical 
substances to identify whether there are segments of byproduct chemical 
substance manufacturing for which EPA can determine that there is no 
need for the CDR information to continue to be collected, either for 
2016 or for future reporting cycles. 76 FR 50832-3 (2011). EPA did not 
amend the CDR requirements for the 2016 reporting cycle. Documents 
providing information to assist inorganic byproduct chemical substance 
manufacturers with reporting under CDR requirements include: 
Instructions for the 2016 TSCA CDR (Ref. 1); CDR Byproduct and 
Recycling Scenarios (Ref. 2); TSCA CDR Fact Sheet for the Printed 
Circuit Board Industry (Ref. 3); and TSCA CDR Fact Sheet for Reporting 
Manufactured Chemical Substances from Metal Mining and Related 
Activities (Ref. 4).
    On June 22, 2016, TSCA was amended by the Lautenberg Act. TSCA now 
includes a requirement that EPA enter into a negotiated rulemaking, 
pursuant to the NRA, to develop and publish a proposed rule to limit 
the reporting requirements under TSCA section 8(a), for manufacturers 
of any inorganic byproduct chemical substances, when such byproduct 
chemical substances, whether by the byproduct chemical substance 
manufacturer or by any other person, are subsequently recycled, reused, 
or reprocessed. The objective of the negotiated rulemaking process is 
to develop and publish a proposed rule by June 22, 2019. In the event a 
proposed rule is developed through the negotiated rulemaking process, a 
final rule ``resulting from such negotiated rulemaking'' must be issued 
by December 22, 2019. 15 U.S.C. 2607(a)(6).
    EPA construes its obligation to propose and finalize a rule under 
TSCA section 8(a)(6) as being contingent on the Negotiated Rulemaking 
Committee reaching a consensus. EPA's interpretation is based on 
several factors. First, TSCA section 8(a)(6)(A) does not give any 
direction on how CDR reporting requirements for the specified byproduct 
chemical substance manufacturers should be limited, other than 
directing that the particular limitations should be negotiated. Second, 
EPA's obligation to finalize a rule under TSCA section 8(a)(6)(B) 
presupposes that such rule would be one ``resulting from such 
negotiated rulemaking.'' While EPA would have authority to issue an 
amendment to the CDR even if negotiation failed to achieve a consensus, 
such a rule would not be a rule resulting from the negotiated 
rulemaking. Accordingly, TSCA section 8(a)(6)(B) presupposes that the 
negotiated rulemaking process reached a consensus in directing EPA to 
issue a final rule. If the obligation to issue a final rule is so 
contingent, then it stands to reason that the prior obligation to issue 
a proposal is similarly contingent. Third, the time allotted for 
issuing a final rule (i.e., six months) is relatively short, consistent 
with a presupposition that the proposal in question would be the 
product of a successful negotiation. As noted in Unit III., the process 
of responding to comment on a proposal would likely be simplified if 
that proposal is itself the result of a previously negotiated 
consensus. For the reasons described above, if consensus cannot be 
reached, and there is no agreement upon which to base a proposal, then 
there is no further statutory obligation to issue a proposal or a final 
rule.

V. Proposed Negotiating Procedures

A. Interests Involved

    Section 562 of the NRA defines the term ``interest'' as one of 
``multiple parties which have a similar point of view or which are 
likely to be affected in a similar manner.'' We anticipate that the 
following key interests are likely to be significantly affected by the 
rule to be addressed by the Negotiated Rulemaking Committee while 
negotiating how to limit CDR requirements for manufacturers of any 
inorganic byproduct chemical substances, when such byproduct chemical 
substances are subsequently recycled, reused, or reprocessed:
    [ssquf] Inorganic chemical manufacturers and processors, including 
metal mining and related activities;
    [ssquf] Recyclers, including scrap recyclers;
    [ssquf] Industry advocacy groups;
    [ssquf] Environmental advocacy groups;
    [ssquf] Federal, State, or Tribal governments; and
    [ssquf] Employee advocacy groups, such as labor unions.

B. Negotiated Rulemaking Committee Formation

    The Negotiated Rulemaking Committee will be formed and operated in 
full compliance with the requirements of FACA in a manner consistent 
with the requirements of the NRA.

C. Negotiated Rulemaking Committee Membership

    The Agency intends to conduct the negotiated rulemaking proceedings 
with particular attention to ensuring full and adequate representation 
of those interests that may be significantly affected by a rule 
providing for limiting CDR requirements for inorganic byproduct 
chemical substances. We have listed those interests likely to be 
significantly affected by a rule in Unit V.A., and the following list 
identifies the parties that the Agency has initially identified as 
representing interests likely to be significantly affected by a rule:

 Aluminum Association
 American Chemistry Council
 American Coal Ash Association

[[Page 90847]]

 Environmental Defense Fund
 Institute of Scrap Recycling Industries
 IPC--Association Connecting Electronics Industries
 North American Metals Council
 National Mining Association
 U.S. Environmental Protection Agency
 Utility Solid Waste Activities Group

    The listed parties have been preliminarily identified by EPA as 
being either a potential member of the Negotiated Rulemaking Committee, 
or a potential member of a coalition that would in turn nominate a 
candidate to represent one of the significantly affected interests 
listed in Unit V.A. This list is not presented as a complete or 
exclusive list from which Negotiated Rulemaking Committee members will 
be selected, nor does inclusion on the list mean that a party on the 
list has agreed to participate as a member of the Negotiated Rulemaking 
Committee or as a member of a coalition. This list merely indicates 
those parties that represent interests that EPA has tentatively 
identified as being significantly affected by a rule providing for 
limiting CDR requirements for inorganic byproduct chemical substances.
    EPA anticipates that the Negotiated Rulemaking Committee will be 
comprised of approximately 10-25 members representing significantly 
affected interests. The EPA Administrator will select members carefully 
to ensure that there is a balanced representation of such interests on 
the Negotiated Rulemaking Committee. EPA anticipates that the 
Negotiated Rulemaking Committee will contain representatives from 
industry, environmental groups, and state, local, and tribal 
governments.
    One purpose of this document is to determine whether the negotiated 
rulemaking will significantly affect interests that are not listed in 
Unit V.A., as well as whether the list of parties the Agency has listed 
identifies accurately and comprehensively a group of stakeholders 
representing the significantly affected interests listed in Unit V.A. 
EPA requests comment and suggestions on the list of significantly 
affected interests, as well as the list of proposed representatives of 
those interests. EPA recognizes that any regulatory actions it takes 
under this program may at times affect various segments of society in 
different ways, and that this may in some cases produce unique 
interests in a rule based on demographic factors. Particular attention 
will be given by the Agency to ensure that any unique interests that 
have been identified in this regard, and that may be significantly 
affected by any rule resulting from the negotiation, are represented.
    This document affords potential participants the opportunity to 
request representation in the negotiations. Request such representation 
by submitting a comment as described under ADDRESSES in this notice.
    Section 565(b) of the NRA requires the Agency to limit membership 
on a Negotiated Rulemaking Committee to 25 members, unless the Agency 
determines that more members are necessary in order for the Negotiated 
Rulemaking Committee to function or to achieve balanced membership. The 
Agency believes that the negotiating group should not exceed 25 
members, which would make it difficult to conduct effective 
negotiations. EPA is aware that there are many more than 25 potential 
participants to consider for the Negotiated Rulemaking Committee. The 
Agency does not believe, nor does the NRA contemplate, that each 
significantly affected interest must participate directly in the 
negotiations; however, each significantly affected interest can be 
adequately represented. To have a successful negotiation, it is 
important for significantly affected interests to identify and form 
coalitions that adequately represent those interests. These coalitions, 
to provide adequate representation, must agree to support, both 
financially and technically, a member to the Negotiated Rulemaking 
Committee whom they will choose to represent their interest. The Agency 
believes it is very important to recognize that interested parties who 
are not selected to membership on the Negotiated Rulemaking Committee 
can still make valuable contributions to this negotiated rulemaking 
effort in any of several ways:
     The party could request to be placed on the Negotiated 
Rulemaking Committee mailing list, submitting written comments, as 
appropriate;
     The party could attend the Negotiated Rulemaking Committee 
meetings, which are open to the public, caucus with his or her 
interest's member on the Negotiated Rulemaking Committee, or even 
address the Negotiated Rulemaking Committee (usually allowed at the end 
of an issue's discussion or the end of the session, as time permits); 
or
     The party could assist a workgroup that might be 
established by the Negotiated Rulemaking Committee.
    An advisory committee may convene informal workgroups to assist the 
Negotiated Rulemaking Committee in ``staffing'' various discrete and 
technical matters (e.g., researching or preparing summaries of the 
technical literature or comments on particular matters such as economic 
issues) so as to facilitate Negotiated Rulemaking Committee 
deliberations. They also might assist in estimating costs and drafting 
regulatory text on issues associated with the analysis of the 
affordability and benefits addressed, and formulating drafts of the 
various provisions and their justification previously developed by the 
Negotiated Rulemaking Committee. Given their staffing function, 
workgroups usually consist of participants who have expertise or 
particular interest in the technical matter(s) being studied. Because 
it recognizes the importance of this staffing work for the Negotiated 
Rulemaking Committee, EPA will provide appropriate administrative and 
technical expertise for such workgroups.
    EPA requests comment regarding particular appointments to 
membership on the Negotiated Rulemaking Committee. Members can be 
individuals or organizations. If the effort is to be successful, 
participants should be able to fully and adequately represent the 
viewpoints of their respective interests. Those who wish to be 
appointed as members of the Negotiated Rulemaking Committee should 
submit a request to EPA by submitting a comment as described under 
ADDRESSES in this notice. The list of potential Negotiated Rulemaking 
Committee members provided earlier in this document includes those who 
have been initially identified by EPA as being either a potential 
member of the Negotiated Rulemaking Committee, or a potential member of 
a coalition that would in turn nominate a candidate to represent one of 
the significantly affected interests on the Negotiated Rulemaking 
Committee.
    EPA values and welcomes diversity. In an effort to obtain 
nominations of diverse candidates, EPA encourages nominations of women 
and men of all racial and ethnic groups.

D. Good Faith Negotiation

    Negotiated Rulemaking Committee members should be willing to 
negotiate in good faith and have the authority, from her or his 
constituency, to do so. The first step is to ensure that each member 
has good communications with her or his constituencies. An intra-
interest network of communication should be established to bring 
information from the support organization to the member at the table, 
and to take information from the table back to the support 
organization. Second, each organization or coalition should, therefore, 
designate as its

[[Page 90848]]

representative an official with credibility and authority to insure 
that needed information is provided and decisions are made in a timely 
fashion.
    Negotiated rulemaking efforts can require a very significant 
contribution of time by the appointed members. The convening meeting of 
the Negotiated Rulemaking Committee is expected to be held in March 
2017, and the work of the Negotiated Rulemaking Committee is expected 
to conclude approximately in September 2017.
    Other qualities that can be very helpful are negotiating experience 
and skills, as well as sufficient technical knowledge to participate in 
substantive negotiations. Certain concepts are central to negotiating 
in good faith. One is the willingness to bring key issues to the 
bargaining table in an attempt to reach a consensus, instead of keeping 
issues in reserve. The second is a willingness to keep the issues at 
the table and not take them to other forums. Finally, good faith 
includes a willingness to move away from the type of positions usually 
taken in a more traditional rulemaking process, and instead explore 
openly with other parties all ideas that may emerge from the 
discussions of the Negotiated Rulemaking Committee.

E. Facilitator

    The facilitator will not be involved with the substantive 
development of any proposed rule. Rather, the facilitator's role 
generally includes facilitating the meetings of the Negotiated 
Rulemaking Committee in an impartial manner and impartially assisting 
the members of the Negotiated Rulemaking Committee in conducting 
discussions and negotiations.

F. EPA Representative

    The EPA representative will be a full and active participant in the 
consensus building negotiations. The Agency's representative will meet 
regularly with various senior Agency officials, briefing them on the 
negotiations and receiving their suggestions and advice, in order to 
effectively represent the Agency's views regarding the issues before 
the Negotiated Rulemaking Committee. EPA's representative also will 
ensure that the entire spectrum of federal governmental interests 
affected by the rulemaking, including the Office of Management and 
Budget (OMB) and other Departments and agencies, are kept informed of 
the negotiations and encouraged to make their concerns known in a 
timely fashion.

VI. Comments Requested

    EPA requests comment on the extent to which the issues, interests, 
Negotiated Rulemaking Committee representatives, and procedures 
described in this document are adequate and appropriate.

VII. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents referenced 
within the documents that are included in the docket, even if the 
referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

1. EPA (2016). Instructions for Reporting 2016 TSCA CDR, https://www.epa.gov/sites/production/files/2016-05/documents/instructions_for_reporting_2016_tsca_cdr_13may2016.pdf. Retrieved 
October 21, 2016.
2. EPA (2012). CDR Byproduct and Recycling Scenarios, https://www.epa.gov/sites/production/files/documents/2012_cdr_byproducts_scenaros_0.pdf. Retrieved October 21, 2016.
3. EPA (2016). TSCA CDR Fact Sheet: Byproducts Reporting for the 
Printed Circuit Board Industry, https://www.epa.gov/sites/production/files/2016-02/documents/final_cdr_fact_sheet_printed_circuit_board_2_22_16.pdf. Retrieved 
October 21, 2016.
4. EPA (2016). TSCA CDR Fact Sheet: Reporting Manufactured Chemical 
Substances from Metal Mining and Related Activities, https://www.epa.gov/sites/production/files/2016-05/documents/cdr_fact_sheet_metal_mining_5may2016.pdf. Retrieved October 21, 
2016.

    Authority:  15 U.S.C. 2601 et seq.

    Dated: December 7, 2016.
Jim Jones,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2016-30177 Filed 12-14-16; 8:45 am]
 BILLING CODE 6560-50-P


