TSCA Inventory Update Reporting Modifications; Chemical Data Reporting; 2012 Submission Period Extension, 36170-36172 [2012-14774]
Download as PDF
36170
§ 52.1679
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations
Determinations of attainment.
(a) Based upon EPA’s review of
complete, quality-assured air quality
data for the 3-year period 2005 to 2007,
EPA determined, as of June 18, 2012,
that the New York-Northern New JerseyLong Island (NY-NJ-CT) one-hour ozone
nonattainment area did not meet its
applicable one-hour ozone attainment
date of November 15, 2007. Separate
from and independent of this
determination, based on 2008–2010
complete, quality-assured ozone
monitoring data at all monitoring sites
in the area, and data for 2011, EPA
determined, as of June 18, 2012, that the
NY-NJ-CT one-hour ozone
nonattainment area met the one-hour
ozone NAAQS.
(b) Based upon EPA’s review of
complete, quality-assured and certified
air quality data for the 3-year period
2007 to 2009, and data for 2011, EPA
determined, as of June 18, 2012, that the
New York-Northern New Jersey-Long
Island (NY-NJ-CT) eight-hour ozone
moderate nonattainment area attained
the 1997 eight-hour ozone NAAQS by
the applicable attainment date of June
15, 2010. Therefore, EPA has met the
requirement pursuant to CAA section
181(b)(2)(A) to determine, based on the
area’s air quality data as of the
attainment date, whether the area
attained the standard. EPA also
determined that the NY-NJ-CT
nonattainment area will not be
reclassified for failure to attain by its
applicable attainment date under
section 181(b)(2)(A).
6. Section 52.1683 is amended by
adding new paragraph (f)(2)(viii) to read
as follows:
■
§ 52.1683
Control strategy: Ozone.
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*
*
*
*
*
(f) * * *
(2) * * *
(viii) New York-Northern New JerseyLong Island, NY-NJ-CT, eight-hour
ozone moderate nonattainment area
(consisting of the Bronx, Kings, Nassau,
New York, Queens, Richmond,
Rockland, Suffolk and Westchester
Counties) as of June 15, 2010 and data
showing the area continued to attain
through 2011.
*
*
*
*
*
[FR Doc. 2012–14716 Filed 6–15–12; 8:45 am]
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EVIRONMENTAL PROTECTION
AGENCY
SUPPLEMENTARY INFORMATION:
40 CFR Part 711
[EPA–HQ–OPPT–2009–0187; FRL–9353–1]
RIN 2070–AJ43
TSCA Inventory Update Reporting
Modifications; Chemical Data
Reporting; 2012 Submission Period
Extension
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is amending the Toxic
Substances Control Act (TSCA)
Chemical Data Reporting (CDR)
regulations by extending the submission
deadline for 2012 reports from June 30,
2012 to August 13, 2012. This is a onetime extension for the 2012 submission
period only. The CDR regulations
require manufacturers and importers of
certain chemical substances included on
the TSCA Chemical Substance
Inventory (TSCA Inventory) to report
current data on the manufacturing,
processing, and use of the chemical
substances.
SUMMARY:
This final rule is effective June
18, 2012.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number (No.) EPA–HQ–OPPT–2009–
0187, is available either electronically
through https://www.regulations.gov or
in hard copy at the Pollution Prevention
and Toxics (OPPT) Docket,
Environmental Protection Agency
Docket Center (EPA/DC), EPA West
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 https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Chenise Farquharson, Chemical Control
Division (7405M), Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
telephone number: (202) 564–7768; fax
number: (202) 564–4775; email address:
farquharson.chenise@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
DATES:
PO 00000
Frm 00056
Fmt 4700
1404; email address: TSCAHotline@epa.gov.
Sfmt 4700
I. Does this action apply to me?
You may be potentially affected by
this action if you manufacture
(including manufacture as a byproduct)
or import chemical substances listed on
the TSCA Inventory. Potentially affected
entities may include, but are not limited
to:
• 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).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The 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. 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.
II. Background
A. What action is the Agency taking?
In the August 16, 2011, final rule
entitled, ‘‘TSCA Inventory Update
Reporting Modifications; Chemical Data
Reporting’’ (76 FR 50816, August 16,
2011) (FRL–8872–9), EPA designated
the 2012 CDR submission period to be
February 1, 2012 to June 30, 2012. EPA
is issuing this amendment to extend the
deadline for 2012 CDR submission
reports until August 13, 2012.
The Agency is taking this action in
response to concerns raised by the
regulated community about their ability
to submit the required information
within the prescribed period. Written
requests to extend the CDR submission
period are included in the docket (see
ADDRESSES). The compelling concerns
raised by industry include the timing of
responses to inquiries about regulatory
interpretations, particularly for
byproduct chemical substances, and
issues associated with several aspects of
electronic reporting.
E:\FR\FM\18JNR1.SGM
18JNR1
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations
srobinson on DSK4SPTVN1PROD with RULES
EPA believes it is appropriate to
extend the reporting period to allow the
reporters associated with byproducts to
understand and determine their
reporting obligations and to allow the
regulated community to adjust to
electronic reporting and 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 issues experienced by the
regulated community with several
aspects of electronic reporting that were
brought to the Agency’s attention only
recently.
B. 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). Under section
553(b)(3)(B) of the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(3)(B), the 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, for
the extension sought, the Agency does
find that normal notice and public
process rulemaking is impracticable.
Given that the current reporting
deadline is June 30, 2012, it is
impracticable to follow notice and
comment procedures on an extension of
that deadline, because that process
would not allow the rule to be finalized
before the current reporting deadline.
As discussed in this unit, the Agency
only recently learned that the regulated
community was having difficulty
submitting their reports through the
required electronic reporting
mechanism. 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 2012 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), the 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
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cause’’ to make this amendment
effective upon publication in the
Federal Register.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866 and Executive
Order 13563
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
2012 CDR reporting period. This action
does not impose any new requirements
or amend substantive requirements.
This action is not a ‘‘significant
regulatory action’’ and is therefore not
subject to review by the Office of
Management and Budget (OMB) under
Executive Order 12866, entitled
‘‘Regulatory Planning and Review’’ (58
FR 51735, October 4, 1993) and
Executive Order 13563 entitled
‘‘Improving Regulation and Regulatory
Review’’ (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This final rule does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et
seq.
C. Regulatory Flexibility Act
This final rule is not subject to the
Regulatory Flexibility Act (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 and
Executive Orders 13132 and 13175
This action will not have substantial
direct effects on State or tribal
governments, on the relationship
between the Federal Government and
States or Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and States or Indian tribes.
As a result, no action is required under
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), or under Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000). Nor does it
impose any enforceable duty or contain
any unfunded mandate as described
under Title II of the Unfunded Mandates
Reform Act, 2 U.S.C. 1531–1538.
PO 00000
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Sfmt 4700
36171
E. Executive Orders 13045, 13211, and
12898
This action is not a ‘‘significant
regulatory action’’ as defined by
Executive Order 12866. As a result, this
action is not subject to Executive Order
13045, entitled ‘‘Protection of Children
from Environmental Health Risks and
Safety Risks’’ (62 FR 19885, April 23,
1997) and Executive Order 13211
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001). In addition,
this action also does not require any
special considerations under Executive
Order 12898 entitled ‘‘Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
F. National Technology Transfer and
Advancement Act
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act, 15
U.S.C. 272 note.
IV. Congressional Review Act
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).
Under CRA section 808, an agency may
make a rule effective sooner than
otherwise provided by the CRA if the
agency makes a good cause finding
under the APA that notice and public
procedure is impracticable,
unnecessary, or contrary to the public
interest. This determination must be
supported by a brief statement, 5 U.S.C.
808(2). As discussed in Unit II.B., EPA
has made such a good cause finding for
this rule and established the effective
date that is identified under DATES.
List of Subjects in 40 CFR Part 711
Environmental protection, Chemicals,
Confidential Business Information (CBI),
Hazardous materials, Importer,
Manufacturer, Reporting and
recordkeeping requirements.
E:\FR\FM\18JNR1.SGM
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36172
Federal Register / Vol. 77, No. 117 / Monday, June 18, 2012 / Rules and Regulations
Dated: June 11, 2012.
James Jones,
Acting Assistant Administrator, Office of
Chemical Safety and Pollution Prevention.
Therefore, 40 CFR chapter I is
amended as follows:
PART 711—[AMENDED]
1. The authority citation for part 711
continues to read as follows:
■
Authority: 15 U.S.C. 2607(a).
2. In § 711.20, revise the second
sentence to read as follows:
■
§ 711.20
When to report.
* * * The 2012 CDR submission
period is from February 1, 2012 to
August 13, 2012. * * *
[FR Doc. 2012–14774 Filed 6–15–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2012–0003; Internal
Agency Docket No. FEMA–8233]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
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SUMMARY:
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16:18 Jun 15, 2012
Jkt 226001
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
The date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may be provided for construction
or acquisition of buildings in identified
SFHAs for communities not
participating in the NFIP and identified
for more than a year on FEMA’s initial
FIRM for the community as having
flood-prone areas (section 202(a) of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment procedures under
5 U.S.C. 553(b), are impracticable and
unnecessary because communities listed
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
in this final rule have been adequately
notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR Part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, Section 1315,
42 U.S.C. 4022, prohibits flood
insurance coverage unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed no
longer comply with the statutory
requirements, and after the effective
date, flood insurance will no longer be
available in the communities unless
remedial action takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is
amended as follows:
PART 64—[AMENDED]
1. The authority citation for Part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp.; p. 376.
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Agencies
[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Rules and Regulations]
[Pages 36170-36172]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14774]
-----------------------------------------------------------------------
EVIRONMENTAL PROTECTION AGENCY
40 CFR Part 711
[EPA-HQ-OPPT-2009-0187; FRL-9353-1]
RIN 2070-AJ43
TSCA Inventory Update Reporting Modifications; Chemical Data
Reporting; 2012 Submission Period Extension
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is amending the Toxic Substances Control Act (TSCA)
Chemical Data Reporting (CDR) regulations by extending the submission
deadline for 2012 reports from June 30, 2012 to August 13, 2012. This
is a one-time extension for the 2012 submission period only. The CDR
regulations require manufacturers and importers of certain chemical
substances included on the TSCA Chemical Substance Inventory (TSCA
Inventory) to report current data on the manufacturing, processing, and
use of the chemical substances.
DATES: This final rule is effective June 18, 2012.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number (No.) EPA-HQ-OPPT-2009-0187, is available
either electronically through https://www.regulations.gov or in hard
copy at the Pollution Prevention and Toxics (OPPT) Docket,
Environmental Protection Agency Docket Center (EPA/DC), EPA West 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 https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Chenise Farquharson, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number: (202) 564-7768; fax
number: (202) 564-4775; email address: farquharson.chenise@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. Does this action apply to me?
You may be potentially affected by this action if you manufacture
(including manufacture as a byproduct) or import chemical substances
listed on the TSCA Inventory. Potentially affected entities may
include, but are not limited to:
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).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The 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. 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.
II. Background
A. What action is the Agency taking?
In the August 16, 2011, final rule entitled, ``TSCA Inventory
Update Reporting Modifications; Chemical Data Reporting'' (76 FR 50816,
August 16, 2011) (FRL-8872-9), EPA designated the 2012 CDR submission
period to be February 1, 2012 to June 30, 2012. EPA is issuing this
amendment to extend the deadline for 2012 CDR submission reports until
August 13, 2012.
The Agency is taking this action in response to concerns raised by
the regulated community about their ability to submit the required
information within the prescribed period. Written requests to extend
the CDR submission period are included in the docket (see ADDRESSES).
The compelling concerns raised by industry include the timing of
responses to inquiries about regulatory interpretations, particularly
for byproduct chemical substances, and issues associated with several
aspects of electronic reporting.
[[Page 36171]]
EPA believes it is appropriate to extend the reporting period to
allow the reporters associated with byproducts to understand and
determine their reporting obligations and to allow the regulated
community to adjust to electronic reporting and 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 issues
experienced by the regulated community with several aspects of
electronic reporting that were brought to the Agency's attention only
recently.
B. 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). Under section 553(b)(3)(B) of the
Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B), the 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, for the extension
sought, the Agency does find that normal notice and public process
rulemaking is impracticable. Given that the current reporting deadline
is June 30, 2012, it is impracticable to follow notice and comment
procedures on an extension of that deadline, because that process would
not allow the rule to be finalized before the current reporting
deadline. As discussed in this unit, the Agency only recently learned
that the regulated community was having difficulty submitting their
reports through the required electronic reporting mechanism. 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 2012 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), the 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.
III. Statutory and Executive Order Reviews
A. Executive Order 12866 and Executive Order 13563
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 2012 CDR
reporting period. This action does not impose any new requirements or
amend substantive requirements. This action is not a ``significant
regulatory action'' and is therefore not subject to review by the
Office of Management and Budget (OMB) under Executive Order 12866,
entitled ``Regulatory Planning and Review'' (58 FR 51735, October 4,
1993) and Executive Order 13563 entitled ``Improving Regulation and
Regulatory Review'' (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq.
C. Regulatory Flexibility Act
This final rule is not subject to the Regulatory Flexibility Act
(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 and Executive Orders 13132 and 13175
This action will not have substantial direct effects on State or
tribal governments, on the relationship between the Federal Government
and States or Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and States or Indian
tribes. As a result, no action is required under Executive Order 13132,
entitled ``Federalism'' (64 FR 43255, August 10, 1999), or under
Executive Order 13175, entitled ``Consultation and Coordination with
Indian Tribal Governments'' (65 FR 67249, November 9, 2000). Nor does
it impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act, 2 U.S.C.
1531-1538.
E. Executive Orders 13045, 13211, and 12898
This action is not a ``significant regulatory action'' as defined
by Executive Order 12866. As a result, this action is not subject to
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997) and Executive Order 13211 entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001). In addition, this action also does
not require any special considerations under Executive Order 12898
entitled ``Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations'' (59 FR 7629, February 16,
1994).
F. National Technology Transfer and Advancement Act
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act, 15 U.S.C. 272 note.
IV. Congressional Review Act
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). Under CRA section 808, an agency may
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding under the APA that notice and public
procedure is impracticable, unnecessary, or contrary to the public
interest. This determination must be supported by a brief statement, 5
U.S.C. 808(2). As discussed in Unit II.B., EPA has made such a good
cause finding for this rule and established the effective date that is
identified under DATES.
List of Subjects in 40 CFR Part 711
Environmental protection, Chemicals, Confidential Business
Information (CBI), Hazardous materials, Importer, Manufacturer,
Reporting and recordkeeping requirements.
[[Page 36172]]
Dated: June 11, 2012.
James Jones,
Acting 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 second sentence to read as follows:
Sec. 711.20 When to report.
* * * The 2012 CDR submission period is from February 1, 2012 to
August 13, 2012. * * *
[FR Doc. 2012-14774 Filed 6-15-12; 8:45 am]
BILLING CODE 6560-50-P