Rule2024-03064
Toxic Substances Control Act (TSCA) Requirements for Polymer Exemption Reports and Accompanying Claims; Extension of the Reporting Deadline for 2024
Primary source
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Published
February 16, 2024
Effective
February 16, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is amending the Toxic Substances Control Act (TSCA) regulations for polymers manufactured under the terms of the polymer exemption by extending the submission deadline for reporting. The regulations require that manufacturers (includes importers) of polymers manufactured under the terms of the exemption submit a report of manufacture or import by January 31 of the year subsequent to initial manufacture. On June 7, 2023, EPA amended the exemption reporting requirement to require that the exemption report and accompanying confidentiality claims be submitted electronically. Because EPA experienced technical difficulties with the launch of the new electronic reporting tool, EPA is extending the reporting period for 2024 from January 31 to March 31 to allow manufacturers additional time to submit their reports and accompanying claims to EPA using the electronic reporting tool.
Full Text
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<title>Federal Register, Volume 89 Issue 33 (Friday, February 16, 2024)</title>
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[Federal Register Volume 89, Number 33 (Friday, February 16, 2024)]
[Rules and Regulations]
[Pages 12248-12250]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03064]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 723
[EPA-HQ-OPPT-2021-0419; FRL-11729-01-OCSPP]
RIN 2070-AK68
Toxic Substances Control Act (TSCA) Requirements for Polymer
Exemption Reports and Accompanying Claims; Extension of the Reporting
Deadline for 2024
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is amending the
Toxic Substances Control Act (TSCA) regulations for polymers
manufactured under the terms of the polymer exemption by extending the
submission deadline for reporting. The regulations require that
manufacturers (includes importers) of polymers manufactured under the
terms of the exemption submit a report of manufacture or import by
January 31 of the year subsequent to initial manufacture. On June 7,
2023, EPA amended the exemption reporting requirement to require that
the exemption report and accompanying confidentiality claims be
submitted electronically. Because EPA experienced technical
difficulties with the launch of the new electronic reporting tool, EPA
is extending the reporting period for 2024 from January 31 to March 31
to allow manufacturers additional time to submit their reports and
accompanying claims to EPA using the electronic reporting tool.
DATES: This final rule is effective on February 16, 2024.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2021-0419, is available online
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional information about dockets
generally, along with instructions for visiting the docket in-person,
is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Loraine Passe, New Chemicals
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (202) 564-9064; email address:
<a href="/cdn-cgi/l/email-protection#e19180929284cf8d8e9380888f84a1849180cf868e97"><span class="__cf_email__" data-cfemail="4e3e2f3d3d2b6022213c2f27202b0e2b3e2f60292138">[email protected]</span></a>.
For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: <a href="/cdn-cgi/l/email-protection#21757262600c694e554d484f44614451400f464e57"><span class="__cf_email__" data-cfemail="07535444462a4f68736b6e69624762776629606871">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by this action if you were a
manufacturer or importer of a polymer under the terms of the polymer
exemption in 2023. 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:
<bullet> Chemical Manufacturers (NAICS code 325).
<bullet> Petroleum and Coal Products (NAICS code 324).
<bullet> Merchant Wholesalers, Nondurable Goods (NAICS code 424).
This list details the types of entities that EPA is aware could
potentially be regulated by this action. Other types of entities not
listed could also be regulated. To determine whether your entity is
regulated by this action, you should carefully examine the
applicability criteria found in 40 CFR 723.250. If you have questions
regarding the applicability of this action, please consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.
B. What is the Agency's authority for taking this action?
EPA is promulgating this rule pursuant to its authority in TSCA
section 5 (15 U.S.C. 2604). In addition, section 553(b)(B) of the
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that
an agency may issue a final rule without a prior proposal if it finds
for good cause that notice and public procedure are impracticable,
unnecessary, or contrary to the public interest.
C. What action is the Agency taking?
EPA is extending the reporting deadline for polymer exemption
reports under 40 CFR 723.250 for this year for exemption reports and
accompanying claims from January 31 to March 31. EPA believes this
extension will provide reporters with sufficient time to submit
information using the electronic reporting tool and for EPA to fix any
unanticipated glitches that may arise with the use of the new tool.
D. Why is this issued as a final rule?
Pursuant to section 553(b)(B) of the APA (5 U.S.C. 553(b)(B)), EPA
has determined that there is good cause for extending the reporting
deadline for 2024 without prior proposal and opportunity for comment.
EPA encountered technical issues when launching a new polymer exemption
electronic reporting tool and the time to fix those issues took longer
than
[[Page 12249]]
expected. As a result, it was not possible for manufacturers to submit
their required reports and accompanying claims electronically until
January 29, 2024, three business days before the January 31st
regulatory due date for 2024. EPA determines that there is good cause
to take this action without a prior proposal because it would be
contrary to the public interest to retain the deadline of January 31
for the 2024 reports, where EPA's electronic systems were not ready and
available for use by regulated entities to allow them to comply with
the electronic reporting requirements of the rule before the submission
deadline of January 31, 2024.
Moreover, EPA previously provided notice that if technical issues
with electronic reporting of polymer exemption reports occurred, it
would make appropriate accommodations such as extending reporting
deadlines. The issue was discussed in the preamble to the final rule
establishing the electronic reporting deadline in question (88 FR
37155, June 7, 2023 (FRL-8223-02-OCSPP)), which became effective on
August 7, 2023, and required the use of a new electronic reporting tool
for submitting annual polymer exemption reports and accompanying
claims. That rule amended the regulations in 40 CFR 723.250(f) to
state, ``. . . The report and accompanying claims must be submitted via
CDX (<a href="https://cdx.epa.gov/">https://cdx.epa.gov/</a>), using the TSCA Section 5 Notices and
Supports--ePMN application.'' In that rule, EPA responded to several
commenters that expressed concern over reliance on electronic
reporting, citing past incidences of technical difficulties with
providing electronic submissions via CDX. Specifically, EPA responded
in that final rule that it did not expect issues with electronic
reporting of polymer exemption reports, but if such issues did occur
the Agency would continue its practice of promptly addressing problems
and, ``. . . making appropriate accommodations (such as extending
reporting deadlines)'' (88 FR 37155, June 7, 2023 (FRL-8223-02-OCSPP)).
EPA did not anticipate the technical issues it had with launching the
tool and expected the new reporting tool to be fully functional well
ahead of the January 31st reporting deadline. Unfortunately, the tool
only became functional three business days before the January 31, 2024,
deadline. As EPA had already acknowledged that it could extend
reporting deadlines if technical issues with the reporting tool arose,
providing further notice and public procedure would serve no purpose
and is unnecessary.
APA section 553(d) (5 U.S.C. 553(d)), in turn, allows an agency to
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 to codify the extension
to the 2024 reporting deadline effective upon publication in the
Federal Register.
Extending the reporting deadline for 2024 is beneficial to
regulated entities that need to comply with the regulations because it
provides them with more time to complete the submission using the new
electronic reporting tool. This final rule has no adverse impact and
does not otherwise alter the reporting and recordkeeping requirements
contained in the rule.
II. Statutory and Executive Order Reviews
Additional information about these statutes and Executive orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders#influence">https://www.epa.gov/laws-regulations/laws-and-executive-orders#influence</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review under Executive Orders 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act (PRA)
This action does not contain any new information collection burden
under the PRA, 44 U.S.C. 3501 et seq. OMB has previously approved the
information collection activities contained in the existing new
chemical regulations under OMB Control No. 2070-0038 (EPA ICR No.
1188.14), which was updated with the CBI revisions and electronic
submission approved under OMB Control No. 2070-0223 (EPA ICR No.
2707.02). This action only delays the reporting deadline for 2024 and
does not otherwise change any of the information collection activities.
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
final rule action 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 does 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 does not have federalism implications, as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999) because it will
not have substantial direct effects on States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000) because it will
not have substantial direct effects on Tribal governments, on the
relationship between the Federal Government and the Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes.
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 it does not concern an environmental health or
safety risk. Since this action does not concern human health, EPA's
2021 Policy on Children's Health does not apply.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply, distribution
or use of energy.
I. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards. As such, NTTAA
section 12(d), 15 U.S.C. 272.
[[Page 12250]]
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
This action does not concern human health or environmental
conditions and therefore cannot be evaluated with respect to the
potential for disproportionate impacts on non-white and low-income
populations in accordance with Executive Order 12898 (59 FR 7629,
February 16, 1994) and Executive Order 14096 (88 FR 25251, April 26,
2023).
K. 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.D., including the basis
for that finding.
List of Subjects in 40 CFR Part 723
Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: February 9, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, for the reasons set forth in the preamble, 40 CFR
chapter I is amended as follows:
PART 723--PREMANUFACTURE NOTIFICATION EXEMPTIONS
0
1. The authority citation for part 723 continues to read as follows:
Authority: 15 U.S.C. 2604.
0
2. In Sec. 723.250(f), revise the introductory text to read as
follows:
Sec. 723.250 Polymers.
* * * * *
(f) Exemption report for polymers manufactured under the terms of
this section. For substances exempt under paragraphs (e)(1) through (3)
of this section a report of manufacture or import must be submitted by
January 31 of the year subsequent to initial manufacture, except that
for initial manufacture or import in 2023 the report must be submitted
by March 31, 2024. The report and accompanying claims must be submitted
via CDX (<a href="https://cdx.epa.gov/">https://cdx.epa.gov/</a>), using the TSCA Section 5 Notices and
Supports--ePMN application. See Sec. 720.40(a)(2)(ii) of this
subchapter for information on how to access e-PMN software. The notice
must include:
* * * * *
[FR Doc. 2024-03064 Filed 2-15-24; 8:45 am]
BILLING CODE 6560-50-P
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