[Federal Register Volume 86, Number 112 (Monday, June 14, 2021)]
[Notices]
[Pages 31502-31504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12402]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2021-0286; FRL-10023-61]


Electronic Option for Export Notifications Under the Toxic 
Substances Control Act (TSCA); Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing the availability of an electronic option for 
submitting the export notifications that are required under the Toxic 
Substances Control Act (TSCA). As an alternative to the hardcopy 
approach, which is still available, EPA is also now accepting the 
required export notifications electronically using EPA's electronic 
document submission system, the Central Data Exchange (CDX). Use of CDX 
to prepare and submit the required export notifications to EPA will 
help streamline and reduce the administrative costs and burdens 
associated with submitting paper-based export notifications for both 
the submitters and the Agency.

DATES: TSCA export notifications may be submitted electronically using 
CDX as of June 14, 2021.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2021-0286, is available online at 
http://www.regulations.gov or in-person 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 note that due to the public health concerns 
related to COVID-19, the EPA/DC and Reading Room is closed to visitors 
with limited exceptions. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on the EPA/DC and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
Jeffrey Santacroce, Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001: telephone number: (202) 564-2818; email address: 
santacroce.jeffrey@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, 
process, import, or distribute in commerce chemical substances and 
mixtures. The following North American Industrial Classification System 
(NAICS) codes have been provided to assist you and others in 
determining whether this action might apply to certain entities. 
Potentially affected entities may include, but are not limited to 
exporters of chemical substances, which are mostly chemical companies 
classified under NAICS Codes 325 and 324.
    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 action is the Agency taking?

    The Agency is announcing the availability of an electronic 
reporting option for use by those who must submit notifications of 
export under TSCA section 12(b). EPA is providing an electronic 
reporting option as part of broader Federal government efforts to move 
to modern, electronic methods of information collection, which 
streamline processes and reduce overall burdens for all involved.
    Currently, TSCA section 12(b) export notifications can only be 
submitted to the Agency in hardcopy, by mail or in person, requiring 
the Agency to manually scan and process submissions. The modernization 
of the TSCA section 12(b) export notification process will allow the 
option for users to prepare and submit their notifications to the 
Agency electronically using a web-based application. To file 
electronically, submitters must use the EPA provided

[[Page 31503]]

application. To access the application, users must register with EPA's 
Central Data Exchange (CDX). CDX is the Agency's portal for submitting 
information to EPA in a secure manner. When registering, a user will 
need to ensure they are registering for the Chemical Safety and 
Pesticide Programs (CSPP) data flow which will provide them access to 
the Chemical Information Submission System (CISS) where the TSCA 
section 12(b) reporting application can be accessed. (Note: Users who 
have previously registered with CDX are able to add ``Submission for 
Chemical Safety and Pesticide Program (CSPP)'' to their current 
registration.) This reporting tool is compatible with Windows, Mac, 
Linux, and UNIX based computers, and uses ``Extensible Markup 
Language'' (XML) specifications for efficient data transmission across 
the internet.

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

    TSCA section 12(b) requires exporters to submit a notice to EPA for 
each country to which a chemical subject to TSCA section 12(b) 
requirements is exported. Specifically, TSCA section 12(b) states, in 
part, that any person who exports or intends to export to a foreign 
country a chemical substance or mixture for which submission of 
information is required under TSCA section 4 or 5(b), or for which a 
rule, action or order has been proposed or promulgated under TSCA 
section 5, 6, or 7, shall notify the EPA Administrator of such export 
or intent to export. The Administrator in turn will notify the 
government of the importing country of the notice and of EPA's 
regulatory action with respect to the substance. Regulations 
implementing the statutory mandate in TSCA section 12(b) appear in 40 
CFR part 707, subpart D, and include the following additional 
provisions:
     No notice of export will be required for articles, except 
polychlorinated biphenyl (PCB) articles, unless the Agency so requires 
in the context of individual TSCA section 5, 6, or 7 actions.
     Any person who exports or intends to export PCBs or PCB 
articles, for any purpose other than disposal, shall notify EPA of such 
intent or exportation under TSCA section 12(b). PCBs and PCB articles 
are defined at 40 CFR 761.3
     Any person who would be prohibited by a TSCA section 5 or 
6 regulation from exporting a chemical substance or mixture, but who is 
granted an exemption by EPA to export that chemical substance or 
mixture, shall notify EPA under TSCA section 12(b) of such intent to 
export or exportation.
     An exporter will be subject to possible enforcement action 
(including penalties) for not complying with the applicable provisions 
of TSCA section 12(b).
    The Government Paperwork Elimination Act (GPEA) (Pub. L. 105-277, 
Title XVII) (44 U.S.C. 3504) requires Executive agencies to provide, 
when practicable, for the option of the electronic maintenance, 
submission, or disclosure of information as a substitute for paper; and 
the use and acceptance of electronic signatures.

D. What are the anticipated benefits of CDX reporting and use of CISS?

    EPA encourages submitters of TSCA section 12(b) export 
notifications to adopt electronic reporting as the preferred submission 
method. Electronic reporting reduces the reporting burden for 
submitters by reducing the cost and time required to review, edit, and 
transmit data to the Agency in a hardcopy format, as well as the cost 
to retain required records related to that submission. CISS, the web-
based reporting tool, enables efficient data transmittal and reduces 
errors with built-in validation procedures. CISS also allows submitters 
to share a draft submission within their organization, and more easily 
save an electronic copy for their records or future use. The resource 
and time requirements for EPA to review and process these export 
notifications will also be reduced, including increased efficiencies in 
communicating with submitters, as well as the storage and retrieval of 
submission.

II. Electronic Reporting Procedures

    This unit provides an overview of CDX, CSPP, and the CISS web-based 
reporting tool. It also provides instructions for the electronic 
reporting process for TSCA section 12(b) export notifications. As a 
reminder, the regulations implementing the statutory mandate in TSCA 
section 12(b) appear in 40 CFR part 707, subpart D.

A. What is CDX?

    CDX is EPA's point of entry for environmental data submissions to 
the Agency. CDX also provides the capability for submitters to access 
their data using web services. CDX enables EPA to work with 
stakeholders, including governments, regulated industries, and the 
public to enable streamlined, electronic submission of data via the 
internet. To report under the procedures discussed in this notice, 
submitters would register with CDX, select the CSPP option, and use 
CISS to access reporting of TSCA section 12(b) export notifications. 
More information about CDX is available online at: http://www.epa.gov/cdx/.

B. What is CISS?

    CISS is a web-based reporting tool for the submission of forms, 
reports, and other documents including TSCA section 12(b) export 
notifications, electronically to the Agency. The tool is available for 
use with Windows, Mac, Linux, and UNIX computer systems, using 
``Extensible Markup Language'' (XML) specifications for efficient data 
transmission across the internet. CISS provides user-friendly 
navigation, works with CDX to secure online communication, creates a 
completed Portable Document Format (PDF) for review prior to 
submission, and enables data, reports, and other information to be 
submitted easily as PDF attachments, or by other electronic standards, 
such as XML. As currently implemented, one or more representatives from 
each facility must establish an account with EPA's CDX to prepare, 
transmit, certify, and submit forms, reports, and other documents.

C. How will TSCA section 12(b) export notifications be submitted via 
the internet using CDX?

    Once registered with EPA's CDX, submitters of TSCA section 12(b) 
export notifications will select the CSPP Program and use CISS to 
prepare a data file for submission.
    1. Registering with CDX. To submit electronically to EPA via CDX, a 
user would register with CDX at: http://cdx.epa.gov/epa_home.asp. CDX 
registration enables EPA to authenticate user identities and verify 
user authorizations.
    To register in CDX, the CDX registrant (also referred to as 
``Electronic Signature Holder'' or ``Public/Private Key Holder'') would 
agree to the Terms and Conditions, provide information about the user 
and organization, select a user-name and password, and follow the 
procedures outlined in the guidance document for CDX available online 
at: http://www.epa.gov/cdr/tools/CDX_Registration_Guide_v0_02.pdf.
    2. Submission. Submitters choosing to submit electronically will 
use CISS to prepare their submissions. CISS guides users through a 
``hands-on'' process of creating an electronic submission. Once a user 
completes the relevant data fields and attaches appropriate PDF files 
or other file types, such as XML files, the web-based tool validates 
the submission by performing a basic error check and

[[Page 31504]]

makes sure all the required fields and attachments are provided and 
complete.
    Further instructions on submitting information and instructions for 
uploading PDF attachments or other file types, such as XML will be 
available through CISS reporting guidance available online at: https://www.epa.gov/tsca-import-export-requirements/tsca-requirements-exporting-chemicals.

D. Can CBI be submitted using CISS?

    Yes, CISS enables the user to submit CBI and substantiate that CBI 
claim in an electronic format. All information sent by the user via CDX 
is transmitted securely to protect CBI. CISS also guides the user 
through the process of submitting CBI by prompting the user to check a 
CBI checkbox if using a form or by submitting a scanned document 
containing CBI by bracketing, underlining, or otherwise marking the 
confidential information on the document prior to scanning. As with 
paper-based submissions, a sanitized copy of any document containing 
CBI would be included by the user in the electronic submission. The 
CISS reporting guidance instructs users on how to submit CBI and 
substantiate CBI claims information using CISS.

E. How will CBI be protected when submitting via CDX?

    The Agency ensures secure transmission of the data, reports, and 
other documents sent from the user through the internet via the 
Transport Layer Security (TLS) 1.0 protocol. TLS 1.0 is a widely used 
approach for securing internet transactions and is endorsed by the 
National Institute of Standards and Technology (NIST) as a means for 
protecting data sent over the internet. See NIST Special Publication 
800-52, ``Guidelines for the Selection and Use of Transport Layer 
Security (TLS) Implementations,'' available online at: http://csrc.nist.gov/publications/nistpubs/800-52/SP800-52.pdf.
    In addition, CISS enables the submitter to electronically sign, 
encrypt, and transmit submissions, which the Agency subsequently 
provides back to the user as an unaltered copy of record. This assures 
the user that the Agency has received exactly what the user sent to the 
Agency. CISS encrypts using a module based on the 256-bit Advanced 
Encryption Standard (AES) adopted by NIST. Details about AES can be 
found on the NIST website at: http://csrc.nist.gov/publications/fips/fips197/fips-197.pdf. EPA may incorporate other encryption modules into 
future versions of CISS. Information submitted via CDX is processed 
within EPA by secure systems certified for compliance with Federal 
Information Processing Standards (FIPS) that are available online at: 
http://www.nist.gov/itl/fips.cfm.

III. Paperwork Reduction Act (PRA)

    According to PRA, 44 U.S.C. 3501 et seq., an agency may not conduct 
or sponsor, and a person is not required to respond to a collection of 
information that requires OMB approval under the PRA, unless it has 
been approved by OMB and displays a currently valid OMB control number. 
The OMB control numbers for EPA's regulations in title 40 of the CFR, 
after appearing in the Federal Register, are listed in 40 CFR part 9, 
and included on the related collection instrument or form, if 
applicable.
    The information collection requirements associated with export 
notifications under TSCA section 12(b) and contained in 40 CFR part 
707, subpart D are approved by OMB pursuant to the PRA under OMB 
Control No. 2070-0030 (EPA ICR No. 0795.16) on May 18, 2021. This 
action does not impose any burden requiring additional OMB approval. 
The annual paperwork burden per export notification is estimated to 
average 19 hours for hardcopy submissions and 12 hours for electronic 
submissions. This burden estimate includes the time needed to review 
instructions, search existing data sources, gather and maintain the 
data needed, and complete, review, and submit the required export 
notification to EPA. For additional details, please see the Information 
Collection Request document that is available in the docket.
    Send any comments about the accuracy of the burden estimate, and 
any suggested methods for further minimizing respondent burden, 
including through the use of automated collection techniques, to the 
Director, Regulatory Support Division, Office of Mission Support 
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460-0001. Please remember to include the OMB control 
number in any correspondence, but do not submit any export 
notifications or related questions to this address.

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

    Dated: June 8, 2021.
Michal Freedhoff,
Principal Deputy Assistant Administrator, Office of Chemical Safety and 
Pollution Prevention.
[FR Doc. 2021-12402 Filed 6-11-21; 8:45 am]
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