[Federal Register Volume 85, Number 69 (Thursday, April 9, 2020)]
[Rules and Regulations]
[Pages 19890-19892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06074]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 711

[EPA-HQ-OPPT-2018-0321; FRL-10006-39]
RIN 2070-AK33


Chemical Data Reporting; Extension of the 2020 Submission Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is amending the Toxic Substances Control Act (TSCA) 
Chemical Data Reporting (CDR) regulations by extending the submission 
deadline for 2020 reports from September 30, 2020, to November 30, 
2020. This is a one-time extension for the 2020 submission period only. 
The CDR regulations require manufacturers (including importers) of 
certain chemical substances included on the TSCA Chemical Substance 
Inventory (TSCA Inventory) to report data on the manufacturing, 
processing, and use of the chemical substances.

DATES: This final rule is effective April 9, 2020.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2018-0321, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW, Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at http://www.epa.gov/dockets.

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: 

[[Page 19891]]

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(including import) chemical substances listed on the TSCA Inventory. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include but are not limited to:
     Chemical manufacturers (including 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).

B. What action is the Agency taking?

    The 2020 CDR submission period is from June 1 to September 30, 2020 
(40 CFR 711.20). EPA is issuing this amendment to extend the deadline 
for 2020 CDR submission reports until November 30, 2020. This is a one-
time extension: subsequent submission periods (recurring every four 
years, next in 2024) are not being amended.
    The Agency is taking this action to provide additional time for the 
regulated community to familiarize themselves with the changes to the 
CDR reporting requirements as a result of the CDR Revisions Final Rule 
(FRL-10006-56) that published elsewhere in this Federal Register and to 
allow time for reporters to familiarize themselves with an updated 
public version of the reporting tool. EPA believes it is appropriate to 
extend the reporting period to allow the regulated community additional 
time to submit their reports. With respect to the timing of this 
action, the need for the Agency to extend the deadline arose, in part, 
as a result of the time needed to develop a final rule (the CDR 
Revisions Final Rule (FRL-10006-56) that published elsewhere in this 
Federal Register) while addressing public comments received, to 
incorporate broader Agency policy decisions relevant to data reporting, 
and to carry out interagency review of the CDR Revisions Final Rule.

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

    The CDR rule was issued pursuant to the authority of TSCA section 
8(a), 15 U.S.C. 2607(a). In addition, under section 553(b)(3)(B) of the 
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), an agency 
may issue a final rule without a prior proposal if it finds that notice 
and public participatory procedures are impracticable, unnecessary, or 
contrary to the public interest. In this case, the Agency finds that 
normal notice and public process rulemaking is impracticable and 
unnecessary because this is just an extension of the reporting period. 
Given that the current reporting deadline is September 30, 2020, it is 
impracticable to follow notice and comment procedures to extend that 
deadline because the typical notice and comment rulemaking process 
would not allow a rule to be finalized before the current reporting 
deadline, and is unnecessary because extending the deadline is an 
administrative rulemaking.
    This action does not alter the substantive CDR reporting 
requirements in any way. The Agency also believes the one-time 
extension will not result in a significant delay in the processing and 
availability of CDR information to potential users. Further, this 
action is consistent with the public interest because it is designed to 
facilitate compliance with the CDR rule and to ensure that the 2020 
collection includes accurate data on chemical manufacturing, 
processing, and use in the United States. Finally, any impact on the 
regulated community is expected to be beneficial given that the one-
time extension provides additional time to submit accurate CDR reports 
to EPA.
    Similarly, under APA section 553(d), 5 U.S.C. 553(d), an agency may 
make a rule immediately effective ``for good cause found and published 
with the rule.'' For the reasons discussed in this unit, EPA believes 
that there is ``good cause'' to make this amendment effective upon 
publication in the Federal Register.

II. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is classified as a final rule because it makes an 
amendment to the Code of Federal Regulations (CFR). The amendment to 
the CFR is necessary to allow for a one-time extension to the 2020 CDR 
reporting period. This action does not impose any new requirements or 
amend substantive requirements. As such, this action is not a 
``significant regulatory action'' under Executive Order 12866 (58 FR 
51735, October 4, 1993) and Executive Order 13563 (76 FR 3821, January 
21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not contain any new or revised information 
collections subject to OMB approval under the PRA, 44 U.S.C. 3501 et 
seq. Information collection activities contained in CDR are already 
approved by the Office of Management and Budget (OMB) under OMB Control 
No. 2070-0162 (EPA ICR No. 1884).

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA, 5 U.S.C. 601 et seq. The RFA 
applies only to rules subject to notice and comment rulemaking 
requirements under the APA, 5 U.S.C. 553, or any other statute. This 
rule is not subject to notice and comment requirements under the APA 
because the Agency has invoked the APA ``good cause'' exemption.

D. Unfunded Mandates Reform Act (UMRA)

    This action will not impose any enforceable duty or contain any 
unfunded mandate as described under Title II of UMRA, 2 U.S.C. 1531-
1538 et seq.

E. Executive Order 13132: Federalism

    This action will not have federalism impacts as defined in 
Executive Order 13132 (64 FR 43255, August 10, 1999) because this 
action will not have substantial direct effects on States, on the 
relationship between the Federal Government and States, or on the 
distribution of power and responsibilities between the Federal 
Government and States.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action will not have tribal implications as defined in 
Executive Order 13175 (65 FR 67249, November 9, 2000) because this 
action will not have substantial direct effects on tribal governments, 
on the relationship between the Federal Government and Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal Government and Indian tribes.

[[Page 19892]]

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because this is not an economically significant 
regulatory action as defined under Executive Order 12866, and it does 
not address environmental health or safety risks disproportionately 
affecting children.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because this action is not expected to affect energy 
supply, distribution, or use and because this action is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Since this action does not involve any technical standards, NTTAA 
section 12(d), 15 U.S.C. 272 note, does not apply to this action.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    This action does not entail special considerations of environmental 
justice related issues as delineated by Executive Order 12898 (59 FR 
7629, February 16, 1994).

III. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. The CRA allows the issuing 
agency to make a rule effective sooner than otherwise provided by the 
CRA if the agency makes a good cause finding that notice and comment 
rulemaking procedures are impracticable, unnecessary or contrary to the 
public interest (5 U.S.C. 808(2)). The EPA has made a good cause 
finding for this rule as discussed in Unit I.C., including the basis 
for that finding.

List of Subjects in 40 CFR Part 711

    Environmental protection, Chemicals, Confidential Business 
Information (CBI), Hazardous materials, Importer, Manufacturer, 
Reporting and recordkeeping requirements.

    Dated: March 17, 2020.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, 40 CFR chapter I is amended as follows:

PART 711--[AMENDED]

0
1. The authority citation for part 711 continues to read as follows:

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

0
2. In Sec.  711.20, revise the third sentence to read as follows.


Sec.  711.20  When to report.

    * * * The 2020 CDR submission period is from June 1, 2020, to 
November 30, 2020. Subsequent recurring submission periods are from 
June 1 to September 30 at 4-year intervals, beginning in 2024. * * *

[FR Doc. 2020-06074 Filed 4-8-20; 8:45 am]
 BILLING CODE 6560-50-P


