[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Rules and Regulations]
[Pages 63066-63067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26686]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2018-0649; FRL-9987-43]
RIN 2070-AB27


Significant New Use Rules on Certain Chemical Substances; 
Withdrawal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: EPA is withdrawing significant new use rules (SNURs) 
promulgated under the Toxic Substances Control Act (TSCA) for 28 
chemical substances, which were the subject of premanufacture notices 
(PMNs). EPA published these SNURs using direct final rulemaking 
procedures, which requires EPA to take certain actions if an adverse 
comment is received. EPA received adverse comments regarding the SNURs 
identified in the direct final rule. Therefore, the Agency is 
withdrawing the direct final rule SNURs identified in this document, as 
required under the direct final rulemaking procedures.

DATES: The direct final rule published at 83 FR 50838 on October 10, 
2018 (FRL-9984-65) is withdrawn effective December 7, 2018.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2018-0649, 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: Kenneth Moss, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 564-9232; email address: 
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    A list of potentially affected entities is provided in the Federal 
Register of October 10, 2018 (83 FR 50838) (FRL-9984-65). If you have 
questions regarding the applicability of this action to a particular 
entity, consult the technical person listed under FOR FURTHER 
INFORMATION CONTACT.

II. What direct final SNURs are being withdrawn?

    In the Federal Register of October 10, 2018 (83 FR 50838) (FRL-
9984-65), EPA issued direct final SNURs for 28 chemical substances that 
are identified in the document. Because the Agency received adverse 
comments regarding the SNURs identified in the document, EPA is 
withdrawing the direct final SNURs issued for these 28 chemical 
substances, which were the subject of PMNs. In addition to the Direct 
Final SNURs, elsewhere in the same issue of the Federal Register of 
October 10, 2018 (83 FR 50872) (FRL-9984-67), EPA issued proposed SNURs 
covering these 28 chemical substances. EPA will address all adverse 
public comments in a subsequent final rule, based on the proposed rule.

III. Good Cause Finding

    EPA determined that this document is not subject to the 30-day 
delay of effective date generally required by the Administrative 
Procedure Act (APA) (5 U.S.C. 553(d)) because of the time limitations 
for publication in the Federal Register. This document must publish on 
or before the effective date of the direct final rule containing the 
direct final SNURs being withdrawn.

IV. Statutory and Executive Order Reviews

    This action withdraws regulatory requirements that have not gone 
into effect and which contain no new or amended requirements and 
reopens a comment period. As such, the Agency has determined that this 
action will not have any adverse impacts, economic or

[[Page 63067]]

otherwise. The statutory and Executive Order review requirements 
applicable to the direct final rules were discussed in the October 10, 
2018 Federal Register (83 FR 50838). Those review requirements do not 
apply to this action because it is a withdrawal and does not contain 
any new or amended requirements.

V. Congressional Review Act (CRA)

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
EPA will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. 804(2). Section 808 of the CRA allows the 
issuing agency to make a rule effective sooner than otherwise provided 
by CRA if the agency makes a good cause finding that notice and public 
procedure is impracticable, unnecessary, or contrary to the public 
interest. As required by 5 U.S.C. 808(2), this determination is 
supported by a brief statement in Unit III.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.


    Dated: November 30, 2018.
Lance Wormell,
Acting Director, Chemical Control Division, Office of Pollution 
Prevention and Toxics.

    Accordingly, the amendments to 40 CFR parts 9 and 721 published on 
October 10, 2018 (83 FR 50838), are withdrawn effective December 10, 
2018.

[FR Doc. 2018-26686 Filed 12-6-18; 8:45 am]
 BILLING CODE 6560-50-P


