Preliminary Lists Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations Under Section 6 of the Toxic Substances Control Act (TSCA); Notice of Availability and Request for Comment, 4661-4665 [2020-01320]

Download as PDF khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices ii. Written comments. Written comments for consideration during the preparatory virtual meeting should be submitted, using the instructions in ADDRESSES and this unit, on or before the date set in the DATES section. iii. Oral comments. Requests to make brief oral comments to the TSCA SACC during the preparatory virtual meeting should be submitted when registering online or with the DFO listed under FOR FURTHER INFORMATION CONTACT on or before noon on the date set in the DATES section. Oral comments before the TSCA SACC during the preparatory virtual meeting are limited to approximately 5 minutes due to the time constraints of this virtual meeting. 2. In-person meeting. You may participate in the in-person public meeting by attending and by providing written or oral comments. The in-person meeting may also be webcast. Please refer to the TSCA SACC website at https://www.epa.gov/tsca-peer-review for information on how to access the webcast. Please note that for the inperson meeting, the webcast is a supplementary public process provided only for convenience. If difficulties arise resulting in webcasting outages, the inperson meeting will continue as planned. i. Seating at the meeting. Seating at the meeting will be open and on a firstcome basis. ii. Written comments. To provide the TSCA SACC the time necessary to consider and review your comments, written comments must be submitted by the date set in the DATES section and using the instructions in the ADDRESSES section and this unit. Comments received after the date set in the DATES section and prior to the end of the oral public comment period during the meeting will still be provided to the TSCA SACC for their consideration. iii. Oral comments. To be included on the meeting agenda, submit your request to make brief oral comments at the inperson meeting to the DFO listed under FOR FURTHER INFORMATION CONTACT on or before the date set in the DATES section. The request should identify the name of the individual making the presentation, the organization (if any) the individual will represent, and any requirements for audiovisual equipment. Oral comments before TSCA SACC during the in-person meeting are limited to approximately 5 minutes unless prior arrangements have been made. In addition, each speaker should email their comments and presentation to the DFO listed under FOR FURTHER INFORMATION CONTACT, preferably, at least 24 hours prior to the oral public comment period. VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 Authority: 15 U.S.C. 2601 et seq. Dated: January 21, 2020. Andrew R. Wheeler, Administrator. [FR Doc. 2020–01221 Filed 1–24–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2019–0677; FRL–10003– 14] Preliminary Lists Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations Under Section 6 of the Toxic Substances Control Act (TSCA); Notice of Availability and Request for Comment Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: As required by EPA’s Final Rule on Fees for the Administration of TSCA (the Fees Rule), in which EPA established fees to defray some of the costs of administering certain provisions of the Toxic Substances Control Act (TSCA), this Notice identifies the preliminary lists of manufacturers (including importers) of 20 chemical substances that have been designated as a High-Priority Substance for risk evaluation and for which fees will be charged. EPA is providing a 60-day comment period during which manufacturers (including importers) are required to self-identify as a manufacturer of a High-Priority Substance irrespective of whether they are included on the preliminary lists. Where appropriate, entities may also avoid or reduce fee obligations by making certain certifications consistent with the Fees Rule. During this 60-day comment period, the public will have the opportunity to correct errors or provide comments on the preliminary lists. EPA expects to publish final lists of manufacturers (including importers) subject to fees no later than concurrently with the publication of the final scope document for risk evaluations of these 20 High-Priority Substances. Manufacturers (including importers) identified on the final lists will be subject to applicable fees. DATES: Comments must be received on or before March 27, 2020. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2019–0677, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online SUMMARY: PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 4661 instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. • Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https:// www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: For technical information contact: Benjamin Dyson, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 774–8976; email address: dyson.benjamin@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? This action applies to entities that manufacture a chemical substance (including import of the chemical substance or import of an article containing the chemical substance) undergoing a risk evaluation under TSCA section 6(b) (e.g., entities identified under North American Industrial Classification System (NAICS) codes 325 and 324110). The action may also be of interest to chemical processors, distributors in commerce, and users; non-governmental organizations in the environmental and public health sectors; state and local government agencies; and members of the public. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities and corresponding NAICS codes for entities that may be interested in or affected by this action. B. What action is the Agency taking? EPA is publishing preliminary lists identifying manufacturers (including importers) that may be subject to fee E:\FR\FM\27JAN1.SGM 27JAN1 4662 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES obligations under 40 CFR 700.45, associated with each EPA-initiated risk evaluation of 20 High-Priority Substances under TSCA section 6. EPA is also providing an opportunity for public comment during which manufacturers (including importers) are required to self-identify as a manufacturer (including importer) of a High-Priority Substance, irrespective of whether they are listed on the preliminary list. During this comment period, manufacturers and importers may make certain certifications to EPA to avoid or reduce fee obligations. The public will also have the opportunity to correct errors or provide comments on the preliminary lists. EPA’s 60-day comment period exceeds the minimum 30-day comment period established in the Fees Rule codified at 40 CFR 700.45(b)(4) to maximize public participation during the first comment period for an initial lists of manufacturers (including importers) subject to fee obligations for EPAinitiated risk evaluations under TSCA section 6. EPA expects to publish final lists of manufacturers (including importers) subject to fees no later than concurrently with the publication of the final scope document for risk evaluations of these 20 High-Priority Substances. Manufacturers (including importers) identified on the final lists will be subject to applicable fees under 40 CFR 700.45. C. Why is the Agency taking this action? As amended in by the Frank R. Lautenberg Chemical Safety for the 21st Century Act of 2016 (Pub. L. 114–182), TSCA authorized EPA to establish, by rule, a fee structure to defray some of the costs of administering certain provisions of TSCA. Pursuant to Fees Rule, the Agency will collect payment from manufacturers (including importers) who manufacture (including import) a chemical substance that is the subject of a risk evaluation under TSCA section 6(b). As intended by Congress, these fees are a sustainable source of funds for EPA to fulfill its legal obligations such as conducting risk evaluations to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, as required under TSCA section 6. Pursuant to section 6(b) of TSCA and its implementing regulations, EPA has designated 20 chemical substances as High-Priority Substances for risk evaluation (84 FR 71924, December 30, 2019) (FRL– 10003–15); those substances are also listed in Unit III. EPA is now preliminarily identifying the manufacturers (including importers) VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 that may be subject to fee obligations associated with the risk evaluations of these High-Priority Substances. D. What is the Agency’s authority for this action? TSCA provides EPA with authority to establish fees to defray a portion of the costs associated with administering EPA-initiated TSCA section 6 risk evaluations. On September 27, 2018, EPA finalized a rule imposing a fee for any person who manufactures (including imports) a chemical substance that is the subject of an EPAinitiated risk evaluation under TSCA section 6 (Ref. 1). The requirements for those fee payments are codified in 40 CFR 700.45. E. What should I consider as I prepare my comments for EPA? 1. Submitting Confidential Business Information (CBI). Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI in a disk or CD–ROM that you mail to EPA, mark the outside of the disk or CD–ROM as CBI and then identify electronically within the disk or CD–ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at https://www.epa.gov/dockets/ comments.html. II. Background TSCA section 6(b)(1) requires EPA to prioritize 20 chemical substances as High-Priority Substances. In accordance with TSCA section 6(b) and 40 CFR 702.7, on March 21, 2019, EPA initiated the prioritization process for 20 chemical substances identified as candidates for High-Priority Substance designation (Ref. 2). On August 23, 2019, EPA proposed to designate the same 20 chemical substances as HighPriority Substances for risk evaluation (Ref. 3). After considering additional information collected during the comment periods following initiation of prioritization and the proposed designation, EPA finalized, in a separate action, the High-Priority Substance designations of the same 20 chemical substance proposed for High-Priority PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 Substance designations (Ref. 4). EPA is now announcing the availability of the preliminary lists for the 20 High-Priority Substances designated (Refs. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24). A. Preliminary Lists, Final Lists, and Fee Obligations of Manufacturers/Importers This Notice describes EPA’s preliminary lists of manufacturers (including importers) who are potentially responsible for payment of fees, as required by 40 CFR 700.45, and associated with each TSCA section 6 risk evaluation that EPA will initiate for 20 High-Priority Substances (Ref. 1). The preliminary lists are available at docket number EPA–HQ–OPPT–2019– 0677 at https://www.regulations.gov and on EPA’s website at https:// www.epa.gov/TSCA-fees. As described in Unit III.C. of the preamble to the Fees Rule (Ref. 2), EPA developed each preliminary list using the most up-todate information available, including information submitted to the Agency (e.g., information submitted under TSCA section 8(a) (including the Chemical Data Reporting (CDR) Rule) and section 8(b), and to the Toxics Release Inventory (TRI)). EPA considered using other sources of information available to the Agency, such as publicly available information (e.g., Panjiva, Datamyne) or information submitted to other agencies to which EPA has access (e.g., U.S. Custom and Border Patrol data) but concluded that data quality limitations would create more false positives than appropriate additions to the lists. Additionally, EPA believes the Self-Identification process, established by 40 CFR 700.45(b)(5), will be sufficient to identify additional manufacturers (including importers), as appropriate. To include the two most recent CDR reporting cycle data (collected every four years) and to account for annual or other typical fluctuations in manufacturing (including import), EPA used six years of data submitted or available to the Agency under CDR and TRI to create the preliminary lists (2012—2018). This Notice initiates a 60-day comment period during which manufacturers (including importers) of the chemical substance must selfidentify to EPA irrespective of whether they are included on a preliminary list. Where appropriate, entities may also certify as to no manufacture or cessation of manufacture in accordance with 40 CFR 700.45(b)(5). Manufacturers (including importers) are required to provide EPA with the contact information as described in 40 CFR 700.45(b)(5)(i). Other stakeholders also E:\FR\FM\27JAN1.SGM 27JAN1 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices khammond on DSKJM1Z7X2PROD with NOTICES have the opportunity to correct errors in the preliminary lists. This process is explained further in Unit II.B. Following the comment period and no later than the date EPA issues the final scope document as part of the risk evaluations for these 20 High-Chemical Substances, EPA expects to publish a final list of manufacturers subject to fees for each chemical substance. Manufacturers listed on the final lists will be subject to applicable fees under 40 CFR 700.45. Fee obligations are set forth in 40 CFR 700.45 and include a total fee of $1,350,000 for EPA-initiated risk evaluations, with a reduced fee amount for small business concerns (Ref. 2). The total fee is shared amongst all identified manufacturers (including importers). The Fees Rule provides more detailed information on how EPA determined the fee amounts (Ref. 2). The fees established in 2018 are fees for the 2019, 2020, and 2021 fiscal years. Fees for the 2022 and later fiscal years may be adjusted on a three-year cycle as described in the final Fees Rule (Ref. 2). As required by 40 CFR 700.45(g)(3)(iv)(A), payment of fees are due within 120 days following the publication of the final scope of a chemical risk evaluation. Manufacturers may also form a consortium to pay fees in accordance with 40 CFR 700.45(f)(3). The consortium must notify EPA that a consortium has formed within 60 days of the publication of the final scope of a risk evaluation. Once established, the consortium would determine how the fee would be split among the members, and ultimately paid to EPA. For additional information on the possible division of costs amongst consortia and individual manufacturers, please see the fees rule Unit III.J, Multiple Parties Subject to Fee Obligation (Ref. 1). B. Self-Identification Requirement In accordance with 40 CFR 700.45(b)(5), all manufacturers who have manufactured or imported any of the 20 chemical substances designated as High-Priority Substances (Ref. 5) in the previous five years, must submit notice to EPA, irrespective of whether they are included in the preliminary lists. The notice must be submitted electronically via EPA’s Central Data Exchange (CDX), the Agency’s electronic reporting portal, and must contain the following information: Name and address of the submitting company, the name and address of the authorized official for the submitting company, and the name and telephone number of a person who will serve as technical contact for the submitting company and who will be able to VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 answer questions about the information submitted by the company to EPA. EPA has also made the Chemical Information Submission System (CISS) reporting tool available for this electronic reporting. All manufacturers (including importers) of these chemical substances, including those who import the chemical as part of an article, or manufacture (including import) chemical substances that are considered an impurity or byproduct, or in small amounts are subject to the Fees Rule requirements. TSCA requires EPA to evaluate chemicals under their conditions of use, and conditions of use evaluated may involve import of articles containing the chemical, the manufacture of the chemical as an impurity or byproduct, or in small amounts. As described in Unit III.E. of the Fees Rule, EPA does not exempt these manufacturers from fee obligations for TSCA section 6 activities. Manufacturers (including importers) on the preliminary lists have an opportunity to certify through CDX that: (1) They have already ceased manufacturing prior to the defined cutoff dates and will not manufacture (including import) for five years; or (2) they have not manufactured the chemical substance in the five-year period preceding publication of the preliminary lists. For this group of 20 chemicals, the cutoff date for ceasing manufacture or import of a chemical substance is March 20, 2019, which is the day prior to initiation of the prioritization process for the applicable designated High-Priority Substance. If EPA receives such a certification statement from a manufacturer, then the manufacturer will not be obligated to pay the fee. Manufacturers who are not listed on the preliminary lists and otherwise believe they can ‘‘certify out’’ as described in this Unit and in 40 CFR 700.45(b)(5) may choose to attest to these facts to EPA. In addition, entities will have the opportunity to certify as to whether they meet the definition of a ‘‘small business concern’’ as defined in the Fees Rule and qualify for a reduced fee amount. If information received during the public comment period would prompt the addition of manufacturers (including importers) to the final lists, then EPA plans to first notify those manufacturers (including importers). Manufacturers (including importers) who plan to cease manufacture (including import) in the future (but have not yet done so), or those who have already ceased but may re-enter the market within the next five years, would not be permitted to ‘‘certify out’’, PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 4663 and would still be subject to the fee obligation. C. Failure To Self-Identify Manufacturers (including importers) who fail to identify themselves as manufacturers subject to fee obligations, as required by the Fees Rule (Ref. 1), may be subject to a penalty under TSCA section 16. Each day of failed selfidentification by a manufacturer (including importer) past the payment due date is a separate TSCA violation subject to penalty. Likewise, manufacturers (including importers) who falsely certify to having ceased manufacture (including import) or not re-initiating manufacture (including import) within five years will also be subject to penalty, as described in Unit III.C.7. of the Fees Rule. III. Request for Comments and Manufacturer Information With publication of the preliminary lists, EPA is providing a 60-day comment period for manufacturers and the public to correct errors, self-identify as a manufacturer, or certify that they have already exited the market and that they will not resume manufacture (including import) for a period of five years. A. The Preliminary Lists The preliminary lists of manufacturers (including importers) that may be subject to fee obligations under 40 CFR 700.45 associated with EPA-initiated risk evaluations of 20 High-Priority Substances are in this docket; there is a separate preliminary list for each substance (Refs. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24). Each list is provided in two formats: A searchable Excel file and in two PDF files—the first file presenting manufacturers in parent company name order and the second file presenting manufacturers in parent company Dun & Bradstreet Number order. Instructions for using the searchable Excel file are presented in the READ ME FIRST tab. Instructions for accessing the TSCA section 6 User Fees application through CDX are also provided in the READ ME FIRST tab and at the top of the PDF files. EPA is soliciting public comments that would inform the final lists defining the universe of manufacturers (including importers) obligated to pay fees associated with each TSCA section 6 EPA-initiated risk evaluation for the 20 following chemicals, which separately have been designated as High Priority Substances for risk evaluation (Ref. 4): 1. 1,3-Butadiene, CASRN 106–99–0. E:\FR\FM\27JAN1.SGM 27JAN1 4664 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices 2. Butyl benzyl phthalate (BBP) (1,2Benzenedicarboxylic acid, 1-butyl 2(phenylmethyl) ester), CASRN 85–68–7. 3. Dibutyl phthalate (DBP) (1,2Benzenedicarboxylic acid, 1,2-dibutyl ester), CASRN 84–74–2. 4. o-Dichlorobenzene (Benzene, 1,2dichloro-), CASRN 95–50–1. 5. p-Dichlorobenzene (Benzene, 1,4dichloro-), CASRN 106–46–7. 6. 1,1-Dichloroethane, CASRN 75–34– 3. 7. 1,2-Dichloroethane, CASRN 107– 06–2. 8. trans-1,2-Dichloroethylene (Ethene, 1,2-dichloro-, (1E)-), CASRN 156–60–5. 9. 1,2-Dichloropropane, CASRN 78– 87–5. 10. Dicyclohexyl phthalate (1,2Benzenedicarboxylic acid, 1,2dicyclohexyl ester), CASRN 84–61–7. 11. Di-ethylhexyl phthalate (DEHP) (1,2-Benzenedicarboxylic acid, 1,2bis(2-ethylhexyl) ester), CASRN 117–81– 7. 12. Di-isobutyl phthalate (DIBP) (1,2Benzenedicarboxylic acid, 1,2-bis(2methylpropyl) ester), CASRN 84–69–5. 13. Ethylene dibromide (Ethane, 1,2dibromo-), CASRN 106–93–4. 14. Formaldehyde, CASRN 50–00–0. 15. 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8hexamethylcyclopenta [g]-2-benzopyran (HHCB), CASRN 1222–05–5. 16. 4,4′-(1-Methylethylidene)bis[2, 6dibromophenol] (TBBPA), CASRN 79– 94–7. 17. Phosphoric acid, triphenyl ester (TPP) CASRN 115–86–6. 18. Phthalic anhydride (1,3Isobenzofurandione), CASRN 85–44–9. 19. 1,1,2-Trichloroethane, CASRN 79– 00–5. 20. Tris(2-chloroethyl) phosphate (TCEP) (Ethanol, 2-chloro-, 1,1′,1″phosphate), CASRN 115–96–8. B. Self-Identifying as a Manufacturer or Importer Instructions for self-identifying as a manufacturer (including importer) of any of the 20 High Priority Substances are in each preliminary list Excel and PDF files in the docket (Refs. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24). khammond on DSKJM1Z7X2PROD with NOTICES C. Certifying an Exit from the Market (i.e., Cessation) or No Manufacture Instructions for certifying an exit from the market (i.e., cessation of manufacture and import), and for certifying no manufacture (including import) of any of the 20 High Priority substances are in each preliminary list Excel and PDF files in the docket (Refs. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24). VerDate Sep<11>2014 16:54 Jan 24, 2020 Jkt 250001 D. Providing Public Comments Please see Unit I.E for more information on how to submit comments to EPA. After the comment period for the preliminary lists of entities subject to a fee obligation, EPA expects to make any necessary updates or corrections before publishing final lists of manufacturers for each of the 20 High-Priority Substances. EPA expects that these final lists will indicate if any manufacturers were identified in error, any additional manufacturers that were identified through the comment period or self-identification process, and if any manufacturers have certified that they have already ceased manufacture (including import) prior to the cutoff date of March 20, 2019 and will not manufacture the subject chemical substance for five years. Each final list will be published concurrently with the final scope document for each risk evaluation initiated by EPA under TSCA section 6 for these 20 High-Priority Substances. IV. References The following is a listing of the documents that are specifically referenced in this Notice. The docket includes these documents and other information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not physically located in the docket. For assistance in locating these other documents, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT. 1. EPA. Fees for Administration of Toxic Substances Control Act. Federal Register. (83 FR 52694, October 17, 2018) (FRL–9984–41). 2. EPA. Initiation of Prioritization Under the Toxic Substances Control Act (TSCA). Notice. Federal Register. (84 FR 10491, March 21, 2019) (FRL–9991–06). 3. EPA. Proposed High-Priority Substance Designations Under the Toxic Substances Control Act (TSCA). Federal Register. (84 FR 44300, August 23, 2019) (FRL–9998–29). 4. EPA. High-Priority Substance Designations Under the Toxic Substances Control Act (TSCA). Federal Register. (84 FR 71924, December 30, 2019) (FRL–10003–15). 5. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of 1,3Butadiene, CASRN 106–99–0. December 2019. 6. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of Butyl benzyl phthalate (BBP) (1,2Benzenedicarboxylic acid, 1-butyl 2(phenylmethyl) ester), CASRN 85–68–7. December 2019. 7. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of Dibutyl PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 phthalate (DBP) (1,2-Benzenedicarboxylic acid, 1,2-dibutyl ester), CASRN 84–74–2. December 2019. 8. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of oDichlorobenzene (Benzene, 1,2-dichloro-), CASRN 95–50–1. December 2019. 9. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of pDichlorobenzene (Benzene, 1,4-dichloro-), CASRN 106–46–7. December 2019. 10. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of 1,1Dichloroethane, CASRN 75–34–3. December 2019. 11. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of 1,2Dichloroethane, CASRN 107–06–2. December 2019. 12. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of trans-1,2Dichloroethylene (Ethene, 1,2-dichloro-, (1E)), CASRN 156–60–5. December 2019. 13. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of 1,2Dichloropropane, CASRN 78–87–5. December 2019. 14. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of Dicyclohexyl phthalate (1,2Benzenedicarboxylic acid, 1,2-dicyclohexyl ester), CASRN 84–61–7. December 2019. 15. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of Diethylhexyl phthalate (DEHP) (1,2Benzenedicarboxylic acid, 1,2-bis(2ethylhexyl) ester), CASRN 117–81–7. December 2019. 16. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of Di-isobutyl phthalate (DIBP) (1,2-Benzenedicarboxylic acid, 1,2-bis(2-methylpropyl) ester), CASRN 84–69–5. December 2019. 17. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of Ethylene dibromide (Ethane, 1,2-dibromo-), CASRN 106–93–4. December 2019. 18. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of Formaldehyde, CASRN 50–00–0. December 2019. 19. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of 1,3,4,6,7,8Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB), CASRN 1222–05– 5. December 2019. 20. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of 4,4′-(1Methylethylidene)bis[2, 6-dibromophenol] (TBBPA), CASRN 79–94–7. December 2019. 21. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of Phosphoric E:\FR\FM\27JAN1.SGM 27JAN1 Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / Notices acid, triphenyl ester (TPP) CASRN 115–86– 6. December 2019. 22. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of Phthalic anhydride (1,3-Isobenzofurandione), CASRN 85–44–9. December 2019. 23. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of 1,1,2Trichloroethane, CASRN 79–00–5. December 2019. 24. EPA. Preliminary List Identifying Manufacturers Subject to Fee Obligations for EPA-Initiated Risk Evaluations of Tris(2chloroethyl) phosphate (TCEP) (Ethanol, 2chloro-, 1,1′,1″-phosphate), CASRN 115–96– 8. December 2019. Authority: 15 U.S.C. 2625 Dated: January 21, 2020. Andrew R. Wheeler, Administrator. [FR Doc. 2020–01320 Filed 1–24–20; 8:45 am] BILLING CODE 6560–50–P FARM CREDIT SYSTEM INSURANCE CORPORATION Regular Meeting; Farm Credit System Insurance Corporation Board Farm Credit System Insurance Corporation. ACTION: Notice, regular meeting. AGENCY: Notice is hereby given of the regular meeting of the Farm Credit System Insurance Corporation Board (Board). DATES: The meeting of the Board will be held at the offices of the Farm Credit Administration in McLean, Virginia, on January 30, 2020, from 10:00 a.m. until such time as the Board concludes its business. ADDRESSES: Farm Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, Virginia 22102. Submit attendance requests via email to VisitorRequest@FCA.gov. See SUPPLEMENTARY INFORMATION for further information about attendance requests. FOR FURTHER INFORMATION CONTACT: Dale Aultman, Secretary to the Farm Credit System Insurance Corporation Board, (703) 883–4009, TTY (703) 883–4056, aultmand@fca.gov. SUPPLEMENTARY INFORMATION: Parts of this meeting of the Board will be open to the public (limited space available), and parts will be closed to the public. Please send an email to VisitorRequest@ FCA.gov at least 24 hours before the meeting. In your email include: Name, postal address, entity you are representing (if applicable), and telephone number. You will receive an email confirmation from us. Please be khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:37 Jan 24, 2020 Jkt 250001 prepared to show a photo identification when you arrive. If you need assistance for accessibility reasons, or if you have any questions, contact Dale Aultman, Secretary to the Farm Credit System Insurance Corporation Board, at (703) 883–4009. The matters to be considered at the meeting are: Open Session A. Approval of Minutes • December 12, 2019 Regular Board Minutes B. New Business • Review of Insurance Premium Rates • Policy Statement—Concerning Investments • Policy Statement—Concerning Contracting • Policy Statement—Addressing Dual Board Governance Structure • Policy Statement—Addressing FCSIC Examination Authorities C. Closed Session—Audit Committee • CFO Report—List & Status of All Contracts • Annual Report on Whistleblower Activity Dated: January 21, 2020. Dale Aultman, Secretary, Farm Credit System Insurance Corporation. [FR Doc. 2020–01282 Filed 1–24–20; 8:45 am] BILLING CODE 6710–01–P FEDERAL RESERVE SYSTEM Government in the Sunshine; Meeting Notice Board of Governors of the Federal Reserve System. TIME AND DATE: 9:30 a.m. on Thursday, January 30, 2020. PLACE: Marriner S. Eccles Federal Reserve Board Building, 20th Street entrance between Constitution Avenue and C Streets NW, Washington, DC 20551. STATUS: Open. On the day of the meeting, you will be able to view the meeting via webcast from a link available on the Board’s website. You do not need to register to view the webcast of the meeting. A link to the meeting documentation will also be available approximately 20 minutes before the start of the meeting. Both links may be accessed from the Board’s website at www.federalreserve.gov. If you plan to attend the open meeting in person, we ask that you notify us in advance and provide your name, date of AGENCY HOLDING THE MEETING: PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 4665 birth, and social security number (SSN) or passport number. You may provide this information by calling 202–452– 2474 or you may register online. You may pre-register until close of business on Wednesday, January 29, 2020. You also will be asked to provide identifying information, including a photo ID, before being admitted to the Board meeting. The Public Affairs Office must approve the use of cameras/recording devices; please call 202–452–2955 for further information. If you need an accommodation for a disability, please contact Penelope Beattie on 202–452– 3982. For the hearing impaired only, please use the Telecommunication Device for the Deaf (TDD) on 202–263– 4869. Privacy Act Notice: The information you provide will be used to assist us in prescreening you to ensure the security of the Board’s premises and personnel. In order to do this, we may disclose your information consistent with the routine uses listed in the Privacy Act Notice for BGFRS–32, including to appropriate federal, state, local, or foreign agencies where disclosure is reasonably necessary to determine whether you pose a security risk or where the security or confidentiality of your information has been compromised. We are authorized to collect your information by 12 U.S.C. 243 and 248, and Executive Order 9397. In accordance with Executive Order 9397, we collect your SSN so that we can keep accurate records, because other people may have the same name and birth date. In addition, we use your SSN when we make requests for information about you from law enforcement and other regulatory agency databases. Furnishing the information requested is voluntary; however, your failure to provide any of the information requested may result in disapproval of your request for access to the Board’s premises. You may be subject to a fine or imprisonment under 18 U.S.C. 1001 for any false statements you make in your request to enter the Board’s premises. MATTERS TO BE CONSIDERED: Discussion Agenda 1. Notice of Proposed Rulemaking on Section 13 of the Bank Holding Company Act (Volcker Rule). 2. Final Rule to Revise the Board’s Control Framework. Notes: 1. The staff memos to the Board will be made available to attendees on the day of the meeting. The documentation package (staff memos to the Board and background materials) will be available on the Board’s public website approximately 20 minutes E:\FR\FM\27JAN1.SGM 27JAN1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Notices]
[Pages 4661-4665]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01320]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2019-0677; FRL-10003-14]


Preliminary Lists Identifying Manufacturers Subject to Fee 
Obligations for EPA-Initiated Risk Evaluations Under Section 6 of the 
Toxic Substances Control Act (TSCA); Notice of Availability and Request 
for Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: As required by EPA's Final Rule on Fees for the Administration 
of TSCA (the Fees Rule), in which EPA established fees to defray some 
of the costs of administering certain provisions of the Toxic 
Substances Control Act (TSCA), this Notice identifies the preliminary 
lists of manufacturers (including importers) of 20 chemical substances 
that have been designated as a High-Priority Substance for risk 
evaluation and for which fees will be charged. EPA is providing a 60-
day comment period during which manufacturers (including importers) are 
required to self-identify as a manufacturer of a High-Priority 
Substance irrespective of whether they are included on the preliminary 
lists. Where appropriate, entities may also avoid or reduce fee 
obligations by making certain certifications consistent with the Fees 
Rule. During this 60-day comment period, the public will have the 
opportunity to correct errors or provide comments on the preliminary 
lists. EPA expects to publish final lists of manufacturers (including 
importers) subject to fees no later than concurrently with the 
publication of the final scope document for risk evaluations of these 
20 High-Priority Substances. Manufacturers (including importers) 
identified on the final lists will be subject to applicable fees.

DATES: Comments must be received on or before March 27, 2020.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2019-0677, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Benjamin Dyson, Environmental 
Assistance Division (7408M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 774-8976; 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. General Information

A. Does this action apply to me?

    This action applies to entities that manufacture a chemical 
substance (including import of the chemical substance or import of an 
article containing the chemical substance) undergoing a risk evaluation 
under TSCA section 6(b) (e.g., entities identified under North American 
Industrial Classification System (NAICS) codes 325 and 324110). The 
action may also be of interest to chemical processors, distributors in 
commerce, and users; non-governmental organizations in the 
environmental and public health sectors; state and local government 
agencies; and members of the public. Since other entities may also be 
interested, the Agency has not attempted to describe all the specific 
entities and corresponding NAICS codes for entities that may be 
interested in or affected by this action.

B. What action is the Agency taking?

    EPA is publishing preliminary lists identifying manufacturers 
(including importers) that may be subject to fee

[[Page 4662]]

obligations under 40 CFR 700.45, associated with each EPA-initiated 
risk evaluation of 20 High-Priority Substances under TSCA section 6. 
EPA is also providing an opportunity for public comment during which 
manufacturers (including importers) are required to self-identify as a 
manufacturer (including importer) of a High-Priority Substance, 
irrespective of whether they are listed on the preliminary list. During 
this comment period, manufacturers and importers may make certain 
certifications to EPA to avoid or reduce fee obligations. The public 
will also have the opportunity to correct errors or provide comments on 
the preliminary lists. EPA's 60-day comment period exceeds the minimum 
30-day comment period established in the Fees Rule codified at 40 CFR 
700.45(b)(4) to maximize public participation during the first comment 
period for an initial lists of manufacturers (including importers) 
subject to fee obligations for EPA-initiated risk evaluations under 
TSCA section 6. EPA expects to publish final lists of manufacturers 
(including importers) subject to fees no later than concurrently with 
the publication of the final scope document for risk evaluations of 
these 20 High-Priority Substances. Manufacturers (including importers) 
identified on the final lists will be subject to applicable fees under 
40 CFR 700.45.

C. Why is the Agency taking this action?

    As amended in by the Frank R. Lautenberg Chemical Safety for the 
21st Century Act of 2016 (Pub. L. 114-182), TSCA authorized EPA to 
establish, by rule, a fee structure to defray some of the costs of 
administering certain provisions of TSCA. Pursuant to Fees Rule, the 
Agency will collect payment from manufacturers (including importers) 
who manufacture (including import) a chemical substance that is the 
subject of a risk evaluation under TSCA section 6(b). As intended by 
Congress, these fees are a sustainable source of funds for EPA to 
fulfill its legal obligations such as conducting risk evaluations to 
determine whether a chemical substance presents an unreasonable risk of 
injury to health or the environment, as required under TSCA section 6. 
Pursuant to section 6(b) of TSCA and its implementing regulations, EPA 
has designated 20 chemical substances as High-Priority Substances for 
risk evaluation (84 FR 71924, December 30, 2019) (FRL-10003-15); those 
substances are also listed in Unit III. EPA is now preliminarily 
identifying the manufacturers (including importers) that may be subject 
to fee obligations associated with the risk evaluations of these High-
Priority Substances.

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

    TSCA provides EPA with authority to establish fees to defray a 
portion of the costs associated with administering EPA-initiated TSCA 
section 6 risk evaluations. On September 27, 2018, EPA finalized a rule 
imposing a fee for any person who manufactures (including imports) a 
chemical substance that is the subject of an EPA-initiated risk 
evaluation under TSCA section 6 (Ref. 1). The requirements for those 
fee payments are codified in 40 CFR 700.45.

E. What should I consider as I prepare my comments for EPA?

    1. Submitting Confidential Business Information (CBI). Do not 
submit this information to EPA through regulations.gov or email. 
Clearly mark the part or all of the information that you claim to be 
CBI. For CBI in a disk or CD-ROM that you mail to EPA, mark the outside 
of the disk or CD-ROM as CBI and then identify electronically within 
the disk or CD-ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.

II. Background

    TSCA section 6(b)(1) requires EPA to prioritize 20 chemical 
substances as High-Priority Substances. In accordance with TSCA section 
6(b) and 40 CFR 702.7, on March 21, 2019, EPA initiated the 
prioritization process for 20 chemical substances identified as 
candidates for High-Priority Substance designation (Ref. 2). On August 
23, 2019, EPA proposed to designate the same 20 chemical substances as 
High-Priority Substances for risk evaluation (Ref. 3). After 
considering additional information collected during the comment periods 
following initiation of prioritization and the proposed designation, 
EPA finalized, in a separate action, the High-Priority Substance 
designations of the same 20 chemical substance proposed for High-
Priority Substance designations (Ref. 4). EPA is now announcing the 
availability of the preliminary lists for the 20 High-Priority 
Substances designated (Refs. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 
17, 18, 19, 20, 21, 22, 23, and 24).

A. Preliminary Lists, Final Lists, and Fee Obligations of 
Manufacturers/Importers

    This Notice describes EPA's preliminary lists of manufacturers 
(including importers) who are potentially responsible for payment of 
fees, as required by 40 CFR 700.45, and associated with each TSCA 
section 6 risk evaluation that EPA will initiate for 20 High-Priority 
Substances (Ref. 1). The preliminary lists are available at docket 
number EPA-HQ-OPPT-2019-0677 at https://www.regulations.gov and on EPA's 
website at https://www.epa.gov/TSCA-fees. As described in Unit III.C. of 
the preamble to the Fees Rule (Ref. 2), EPA developed each preliminary 
list using the most up-to-date information available, including 
information submitted to the Agency (e.g., information submitted under 
TSCA section 8(a) (including the Chemical Data Reporting (CDR) Rule) 
and section 8(b), and to the Toxics Release Inventory (TRI)). EPA 
considered using other sources of information available to the Agency, 
such as publicly available information (e.g., Panjiva, Datamyne) or 
information submitted to other agencies to which EPA has access (e.g., 
U.S. Custom and Border Patrol data) but concluded that data quality 
limitations would create more false positives than appropriate 
additions to the lists. Additionally, EPA believes the Self-
Identification process, established by 40 CFR 700.45(b)(5), will be 
sufficient to identify additional manufacturers (including importers), 
as appropriate. To include the two most recent CDR reporting cycle data 
(collected every four years) and to account for annual or other typical 
fluctuations in manufacturing (including import), EPA used six years of 
data submitted or available to the Agency under CDR and TRI to create 
the preliminary lists (2012--2018).
    This Notice initiates a 60-day comment period during which 
manufacturers (including importers) of the chemical substance must 
self-identify to EPA irrespective of whether they are included on a 
preliminary list. Where appropriate, entities may also certify as to no 
manufacture or cessation of manufacture in accordance with 40 CFR 
700.45(b)(5). Manufacturers (including importers) are required to 
provide EPA with the contact information as described in 40 CFR 
700.45(b)(5)(i). Other stakeholders also

[[Page 4663]]

have the opportunity to correct errors in the preliminary lists. This 
process is explained further in Unit II.B.
    Following the comment period and no later than the date EPA issues 
the final scope document as part of the risk evaluations for these 20 
High-Chemical Substances, EPA expects to publish a final list of 
manufacturers subject to fees for each chemical substance. 
Manufacturers listed on the final lists will be subject to applicable 
fees under 40 CFR 700.45.
    Fee obligations are set forth in 40 CFR 700.45 and include a total 
fee of $1,350,000 for EPA-initiated risk evaluations, with a reduced 
fee amount for small business concerns (Ref. 2). The total fee is 
shared amongst all identified manufacturers (including importers). The 
Fees Rule provides more detailed information on how EPA determined the 
fee amounts (Ref. 2). The fees established in 2018 are fees for the 
2019, 2020, and 2021 fiscal years. Fees for the 2022 and later fiscal 
years may be adjusted on a three-year cycle as described in the final 
Fees Rule (Ref. 2).
    As required by 40 CFR 700.45(g)(3)(iv)(A), payment of fees are due 
within 120 days following the publication of the final scope of a 
chemical risk evaluation. Manufacturers may also form a consortium to 
pay fees in accordance with 40 CFR 700.45(f)(3). The consortium must 
notify EPA that a consortium has formed within 60 days of the 
publication of the final scope of a risk evaluation. Once established, 
the consortium would determine how the fee would be split among the 
members, and ultimately paid to EPA. For additional information on the 
possible division of costs amongst consortia and individual 
manufacturers, please see the fees rule Unit III.J, Multiple Parties 
Subject to Fee Obligation (Ref. 1).

B. Self-Identification Requirement

    In accordance with 40 CFR 700.45(b)(5), all manufacturers who have 
manufactured or imported any of the 20 chemical substances designated 
as High-Priority Substances (Ref. 5) in the previous five years, must 
submit notice to EPA, irrespective of whether they are included in the 
preliminary lists. The notice must be submitted electronically via 
EPA's Central Data Exchange (CDX), the Agency's electronic reporting 
portal, and must contain the following information: Name and address of 
the submitting company, the name and address of the authorized official 
for the submitting company, and the name and telephone number of a 
person who will serve as technical contact for the submitting company 
and who will be able to answer questions about the information 
submitted by the company to EPA. EPA has also made the Chemical 
Information Submission System (CISS) reporting tool available for this 
electronic reporting.
    All manufacturers (including importers) of these chemical 
substances, including those who import the chemical as part of an 
article, or manufacture (including import) chemical substances that are 
considered an impurity or byproduct, or in small amounts are subject to 
the Fees Rule requirements. TSCA requires EPA to evaluate chemicals 
under their conditions of use, and conditions of use evaluated may 
involve import of articles containing the chemical, the manufacture of 
the chemical as an impurity or byproduct, or in small amounts. As 
described in Unit III.E. of the Fees Rule, EPA does not exempt these 
manufacturers from fee obligations for TSCA section 6 activities.
    Manufacturers (including importers) on the preliminary lists have 
an opportunity to certify through CDX that: (1) They have already 
ceased manufacturing prior to the defined cutoff dates and will not 
manufacture (including import) for five years; or (2) they have not 
manufactured the chemical substance in the five-year period preceding 
publication of the preliminary lists. For this group of 20 chemicals, 
the cutoff date for ceasing manufacture or import of a chemical 
substance is March 20, 2019, which is the day prior to initiation of 
the prioritization process for the applicable designated High-Priority 
Substance. If EPA receives such a certification statement from a 
manufacturer, then the manufacturer will not be obligated to pay the 
fee. Manufacturers who are not listed on the preliminary lists and 
otherwise believe they can ``certify out'' as described in this Unit 
and in 40 CFR 700.45(b)(5) may choose to attest to these facts to EPA. 
In addition, entities will have the opportunity to certify as to 
whether they meet the definition of a ``small business concern'' as 
defined in the Fees Rule and qualify for a reduced fee amount.
    If information received during the public comment period would 
prompt the addition of manufacturers (including importers) to the final 
lists, then EPA plans to first notify those manufacturers (including 
importers). Manufacturers (including importers) who plan to cease 
manufacture (including import) in the future (but have not yet done 
so), or those who have already ceased but may re-enter the market 
within the next five years, would not be permitted to ``certify out'', 
and would still be subject to the fee obligation.

C. Failure To Self-Identify

    Manufacturers (including importers) who fail to identify themselves 
as manufacturers subject to fee obligations, as required by the Fees 
Rule (Ref. 1), may be subject to a penalty under TSCA section 16. Each 
day of failed self-identification by a manufacturer (including 
importer) past the payment due date is a separate TSCA violation 
subject to penalty. Likewise, manufacturers (including importers) who 
falsely certify to having ceased manufacture (including import) or not 
re-initiating manufacture (including import) within five years will 
also be subject to penalty, as described in Unit III.C.7. of the Fees 
Rule.

III. Request for Comments and Manufacturer Information

    With publication of the preliminary lists, EPA is providing a 60-
day comment period for manufacturers and the public to correct errors, 
self-identify as a manufacturer, or certify that they have already 
exited the market and that they will not resume manufacture (including 
import) for a period of five years.

A. The Preliminary Lists

    The preliminary lists of manufacturers (including importers) that 
may be subject to fee obligations under 40 CFR 700.45 associated with 
EPA-initiated risk evaluations of 20 High-Priority Substances are in 
this docket; there is a separate preliminary list for each substance 
(Refs. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 
22, 23, and 24). Each list is provided in two formats: A searchable 
Excel file and in two PDF files--the first file presenting 
manufacturers in parent company name order and the second file 
presenting manufacturers in parent company Dun & Bradstreet Number 
order. Instructions for using the searchable Excel file are presented 
in the READ ME FIRST tab. Instructions for accessing the TSCA section 6 
User Fees application through CDX are also provided in the READ ME 
FIRST tab and at the top of the PDF files.
    EPA is soliciting public comments that would inform the final lists 
defining the universe of manufacturers (including importers) obligated 
to pay fees associated with each TSCA section 6 EPA-initiated risk 
evaluation for the 20 following chemicals, which separately have been 
designated as High Priority Substances for risk evaluation (Ref. 4):
    1. 1,3-Butadiene, CASRN 106-99-0.

[[Page 4664]]

    2. Butyl benzyl phthalate (BBP) (1,2-Benzenedicarboxylic acid, 1-
butyl 2-(phenylmethyl) ester), CASRN 85-68-7.
    3. Dibutyl phthalate (DBP) (1,2-Benzenedicarboxylic acid, 1,2-
dibutyl ester), CASRN 84-74-2.
    4. o-Dichlorobenzene (Benzene, 1,2-dichloro-), CASRN 95-50-1.
    5. p-Dichlorobenzene (Benzene, 1,4-dichloro-), CASRN 106-46-7.
    6. 1,1-Dichloroethane, CASRN 75-34-3.
    7. 1,2-Dichloroethane, CASRN 107-06-2.
    8. trans-1,2-Dichloroethylene (Ethene, 1,2-dichloro-, (1E)-), CASRN 
156-60-5.
    9. 1,2-Dichloropropane, CASRN 78-87-5.
    10. Dicyclohexyl phthalate (1,2-Benzenedicarboxylic acid, 1,2-
dicyclohexyl ester), CASRN 84-61-7.
    11. Di-ethylhexyl phthalate (DEHP) (1,2-Benzenedicarboxylic acid, 
1,2-bis(2-ethylhexyl) ester), CASRN 117-81-7.
    12. Di-isobutyl phthalate (DIBP) (1,2-Benzenedicarboxylic acid, 
1,2-bis(2-methylpropyl) ester), CASRN 84-69-5.
    13. Ethylene dibromide (Ethane, 1,2-dibromo-), CASRN 106-93-4.
    14. Formaldehyde, CASRN 50-00-0.
    15. 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-
benzopyran (HHCB), CASRN 1222-05-5.
    16. 4,4'-(1-Methylethylidene)bis[2, 6-dibromophenol] (TBBPA), CASRN 
79-94-7.
    17. Phosphoric acid, triphenyl ester (TPP) CASRN 115-86-6.
    18. Phthalic anhydride (1,3-Isobenzofurandione), CASRN 85-44-9.
    19. 1,1,2-Trichloroethane, CASRN 79-00-5.
    20. Tris(2-chloroethyl) phosphate (TCEP) (Ethanol, 2-chloro-, 
1,1',1''-phosphate), CASRN 115-96-8.

B. Self-Identifying as a Manufacturer or Importer

    Instructions for self-identifying as a manufacturer (including 
importer) of any of the 20 High Priority Substances are in each 
preliminary list Excel and PDF files in the docket (Refs. 5, 6, 7, 8, 
9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24).

C. Certifying an Exit from the Market (i.e., Cessation) or No 
Manufacture

    Instructions for certifying an exit from the market (i.e., 
cessation of manufacture and import), and for certifying no manufacture 
(including import) of any of the 20 High Priority substances are in 
each preliminary list Excel and PDF files in the docket (Refs. 5, 6, 7, 
8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24).

D. Providing Public Comments

    Please see Unit I.E for more information on how to submit comments 
to EPA. After the comment period for the preliminary lists of entities 
subject to a fee obligation, EPA expects to make any necessary updates 
or corrections before publishing final lists of manufacturers for each 
of the 20 High-Priority Substances. EPA expects that these final lists 
will indicate if any manufacturers were identified in error, any 
additional manufacturers that were identified through the comment 
period or self-identification process, and if any manufacturers have 
certified that they have already ceased manufacture (including import) 
prior to the cutoff date of March 20, 2019 and will not manufacture the 
subject chemical substance for five years. Each final list will be 
published concurrently with the final scope document for each risk 
evaluation initiated by EPA under TSCA section 6 for these 20 High-
Priority Substances.

IV. References

    The following is a listing of the documents that are specifically 
referenced in this Notice. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

    1. EPA. Fees for Administration of Toxic Substances Control Act. 
Federal Register. (83 FR 52694, October 17, 2018) (FRL-9984-41).
    2. EPA. Initiation of Prioritization Under the Toxic Substances 
Control Act (TSCA). Notice. Federal Register. (84 FR 10491, March 
21, 2019) (FRL-9991-06).
    3. EPA. Proposed High-Priority Substance Designations Under the 
Toxic Substances Control Act (TSCA). Federal Register. (84 FR 44300, 
August 23, 2019) (FRL-9998-29).
    4. EPA. High-Priority Substance Designations Under the Toxic 
Substances Control Act (TSCA). Federal Register. (84 FR 71924, 
December 30, 2019) (FRL-10003-15).
    5. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of 1,3-Butadiene, 
CASRN 106-99-0. December 2019.
    6. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of Butyl benzyl 
phthalate (BBP) (1,2-Benzenedicarboxylic acid, 1-butyl 2-
(phenylmethyl) ester), CASRN 85-68-7. December 2019.
    7. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of Dibutyl 
phthalate (DBP) (1,2-Benzenedicarboxylic acid, 1,2-dibutyl ester), 
CASRN 84-74-2. December 2019.
    8. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of o-
Dichlorobenzene (Benzene, 1,2-dichloro-), CASRN 95-50-1. December 
2019.
    9. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of p-
Dichlorobenzene (Benzene, 1,4-dichloro-), CASRN 106-46-7. December 
2019.
    10. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of 1,1-
Dichloroethane, CASRN 75-34-3. December 2019.
    11. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of 1,2-
Dichloroethane, CASRN 107-06-2. December 2019.
    12. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of trans-1,2-
Dichloroethylene (Ethene, 1,2-dichloro-, (1E)-), CASRN 156-60-5. 
December 2019.
    13. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of 1,2-
Dichloropropane, CASRN 78-87-5. December 2019.
    14. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of Dicyclohexyl 
phthalate (1,2-Benzenedicarboxylic acid, 1,2-dicyclohexyl ester), 
CASRN 84-61-7. December 2019.
    15. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of Di-ethylhexyl 
phthalate (DEHP) (1,2-Benzenedicarboxylic acid, 1,2-bis(2-
ethylhexyl) ester), CASRN 117-81-7. December 2019.
    16. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of Di-isobutyl 
phthalate (DIBP) (1,2-Benzenedicarboxylic acid, 1,2-bis(2-
methylpropyl) ester), CASRN 84-69-5. December 2019.
    17. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of Ethylene 
dibromide (Ethane, 1,2-dibromo-), CASRN 106-93-4. December 2019.
    18. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of Formaldehyde, 
CASRN 50-00-0. December 2019.
    19. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of 1,3,4,6,7,8-
Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB), 
CASRN 1222-05-5. December 2019.
    20. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of 4,4'-(1-
Methylethylidene)bis[2, 6-dibromophenol] (TBBPA), CASRN 79-94-7. 
December 2019.
    21. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of Phosphoric

[[Page 4665]]

acid, triphenyl ester (TPP) CASRN 115-86-6. December 2019.
    22. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of Phthalic 
anhydride (1,3-Isobenzofurandione), CASRN 85-44-9. December 2019.
    23. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of 1,1,2-
Trichloroethane, CASRN 79-00-5. December 2019.
    24. EPA. Preliminary List Identifying Manufacturers Subject to 
Fee Obligations for EPA-Initiated Risk Evaluations of Tris(2-
chloroethyl) phosphate (TCEP) (Ethanol, 2-chloro-, 1,1',1''-
phosphate), CASRN 115-96-8. December 2019.

    Authority:  15 U.S.C. 2625

    Dated: January 21, 2020.
Andrew R. Wheeler,
Administrator.
[FR Doc. 2020-01320 Filed 1-24-20; 8:45 am]
 BILLING CODE 6560-50-P

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