Chemical Data Reporting; Extension of the 2024 Submission Period, 79150-79152 [2024-22060]
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79150
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Rules and Regulations
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The FDEP did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this action.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of E.O. 12898 of
achieving environmental justice for
communities with EJ concerns.
This action is subject to the
Congressional Review Act, and EPA will
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 26, 2024. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: September 20, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart K—Florida
2. In § 52.520 paragraph (c), amend
the table by revising the entry for ‘‘62–
296.513’’ to read as follows:
■
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
§ 52.520
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED FLORIDA LAWS AND REGULATIONS
State citation
(section)
State
effective
date
Title/subject
EPA approval date
Explanation
Chapter 62–296 Stationary Sources—Emission Standards
*
*
62–296.513 .....................................
*
*
*
*
*
Surface Coating of Miscellaneous
Metal Parts and Products.
*
*
*
*
*
[FR Doc. 2024–22135 Filed 9–26–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 711
[EPA–HQ–OPPT–2018–0321; FRL–5982.2–
01–OCSPP]
RIN 2070–AK33
Chemical Data Reporting; Extension of
the 2024 Submission Period
Environmental Protection
Agency (EPA).
ACTION: Final rule.
lotter on DSK11XQN23PROD with RULES1
AGENCY:
The Environmental Protection
Agency (EPA or Agency) is amending
the Toxic Substances Control Act
(TSCA) Chemical Data Reporting (CDR)
regulations to extend the submission
deadline for 2024 reports to November
22, 2024. This extension is for the 2024
SUMMARY:
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15:52 Sep 26, 2024
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6/16/2022
*
*
*
9/27/2024, [Insert first page of
Federal Register citation].
*
submission period only. The TSCA CDR
regulations require manufacturers
(including importers) of certain
chemical substances included on the
TSCA Chemical Substance Inventory
(TSCA Inventory) to report data on the
manufacturing, processing, and use of
the chemical substances.
DATES: This final rule is effective
September 27, 2024.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2018–0321, is
available online at https://
www.regulations.gov. Additional
information about dockets generally,
along with instructions for visiting the
docket in-person, is available at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Susan Sharkey, Data Gathering,
Management, and Policy Division
(7406M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
PO 00000
Frm 00026
Fmt 4700
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*
*
*
Washington, DC 20460–0001; telephone
number: (202) 564–8789; email address:
sharkey.susan@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. Executive Summary
A. Does this action apply to me?
You may be potentially affected by
this action if you manufacture
(including import) chemical substances
listed on the TSCA Inventory. The
following list of North American
Industrial Classification System
(NAICS) codes is not intended to be
exhaustive, but rather provides a guide
to help readers determine whether this
document applies to them. Potentially
affected entities may include but are not
limited to:
E:\FR\FM\27SER1.SGM
27SER1
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
• Chemical manufacturers (including
importers) (NAICS codes 325 and
324110, e.g., chemical manufacturing
and processing and petroleum
refineries) and
• 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).
B. What action is the Agency taking?
The current 2024 CDR submission
period is from June 1 to September 30,
2024. EPA is issuing this amendment to
extend the deadline for the submission
of 2024 CDR reports until November 22,
2024. This extension is for the 2024
submission period only. Subsequent
submission periods (recurring every
four years, next in 2028) are not being
amended.
EPA is taking this action in response
to concerns related to the 2024 CDR data
submission tool, primarily associated
with the ability of the reporting tool to
correctly capture substantiations for
chemical identity CBI claims. In the
tool, submitters are able to claim as
confidential the identity of a chemical
substance already listed as confidential
on the TSCA Inventory (40 CFR
711.30(c)) by checking the appropriate
CBI box in the reporting tool and
submitting detailed written answers to
substantiation questions. Late in the
2024 reporting period, however, EPA
found that when submitters used the
reporting tool to copy the substantiation
from one chemical to another, some
questions and their responses were not
copied and were, therefore, not
included with the submission. The
application erroneously indicated that
the information was correctly copied
and prevented users from supplying the
missing information. Although this
issue would only affect the small
percentage of the submitters making
chemical identity CBI claims, enabling
each submitter to substantiate a CBI
claim according to the requirements of
40 CFR 711.30 is important.
As noted previously, this issue with
the CDR data submission tool was
identified very recently. When EPA
identified the issue, the Agency took
immediate action to fix the issue and
extend the reporting period. EPA
expects to have the reporting tool
working properly before the end of
September 2024. Ahead of deploying
this correction to the tool, EPA (through
the reporting application) has asked that
users submitting CBI claims involving
chemical identities refrain from copying
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15:52 Sep 26, 2024
Jkt 262001
data from one chemical to another. The
risk that some users may still use this
copy functionality without realizing that
it does not work properly (and that their
CBI claim(s) therefore have not been
properly substantiated), however,
indicates that more time is needed to
ensure reports are accurately filed. To
this end, submitters need adequate time
to verify and update, if needed, their
chemical identity confidentiality claims
and supporting substantiations. Further,
EPA needs time to ensure that the
update to the reporting tool works as
intended, and that sites that have
submitted CDR forms prior to
deployment of this update have
adequate time to review their
submission and make updates as
appropriate, should this error have
resulted in their submission having
been incorrectly provided to EPA.
C. 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).
II. Why is this amendment issued as a
final rule?
Section 553(b)(B) of the
Administrative Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that, when an
agency for good cause finds that public
notice and comment procedures are
impracticable, unnecessary, or contrary
to the public interest, the agency may
issue a rule without providing notice
and an opportunity for public comment.
The EPA has determined that there is
good cause for making this rule to
extend the reporting period final
without prior proposal and opportunity
for comment, because such notice and
opportunity for comment is
impracticable for the reasons explained
in this section.
As explained in the prior section, the
electronic reporting issue has
unexpectedly narrowed the time
window the Agency had allotted under
the regulations to complete and submit
2024 CDR reports. The extent of this
electronic reporting issue was
unforeseen, given that EPA had
conducted a beta test with expected
users of the reporting tool prior to the
beginning of the submission period, and
EPA staff similarly had not discovered
this issue until three weeks ahead of the
September 30, 2024, reporting deadline.
Further, most sites submit CDR data
during the final month of the reporting
period, having collected and prepared
data earlier in the submission period.
Given that the current reporting
deadline is September 30, 2024, regular
notice and comment procedures to
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Fmt 4700
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79151
extend that deadline to address these
unforeseen circumstances are
impracticable, as the rule could not be
finalized before the current reporting
deadline. Additionally, notice and
comment is impracticable because this
deadline extension merely enables
reports to be submitted as required
under the current regulations, absent
these unforeseen submission problems,
and does not impact the substance of
the data collection or other regulatory
requirements.
This action does not alter the
substantive CDR reporting requirements
in any way. The Agency also believes
this extension will not result in a
significant delay in the processing and
availability of CDR information to
potential users. This extension will not
significantly impact the Agency’s ability
to carry out actions and activities that
rely upon CDR, including work on the
TSCA risk evaluations. EPA will
consider CDR information as soon as it
becomes available and work on risk
evaluations remains ongoing. 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 2024 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 extension
provides additional time to submit
accurate CDR reports to EPA.
APA section 553(d) (5 U.S.C. 553(d)),
in turn, allows an agency to make a rule
immediately effective ‘‘for good cause
found and published with the rule.’’
EPA has determined that there is good
cause for making this final rule effective
immediately because the current
deadline for reporting is imminent and
the regulated community does not need
time to prepare for this change in the
reporting deadline; rather, the reporting
deadline extension provides the needed
time for the regulated community to
meet the existing requirements. Such an
extension also ‘‘relieves a restriction’’
under APA 553(d)(1), 5 U.S.C. 553(d)(1).
For the reasons discussed in this unit,
the Agency finds that good cause exists
under APA section 553(d) to make this
rule effective immediately upon
publication in the Federal Register.
III. Do any of the statutory and
executive order review requirements
apply to this action?
No. This action is a technical
amendment to 40 CFR part 711 that is
necessary in order to extend the
deadline for the 2024 CDR reporting
period that appears in 40 CFR 711.20.
This action does not otherwise impose
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27SER1
79152
Federal Register / Vol. 89, No. 188 / Friday, September 27, 2024 / Rules and Regulations
any new requirements or change the
substantive requirements. Additional
information about these statutes and
Executive Orders can be found at
https://www.epa.gov/laws-regulations/
laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 14094: Modernizing Regulatory
Review
This action is not a significant
regulatory action as defined in
Executive Order 12866(58 FR 51735,
October 4, 1993), as amended by
Executive Order 14094 (88 FR 21879,
April 11, 2023), and was therefore not
subject to Executive Order 12866
review.
B. Paperwork Reduction Act (PRA)
This action does not contain any new
information collection burden under the
PRA, 44 U.S.C. 3501 et seq. OMB has
previously approved the information
collection activities contained in the
existing regulations and has assigned
OMB control number 2070–0162 (EPA
ICR No. 1884.15). This action does not
create any new reporting or
recordkeeping obligations, and does not
otherwise change the burden estimates
that were approved.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA,
5 U.S.C. 601 et seq. The RFA applies
only to rules subject to notice and
comment rulemaking requirements
under the APA, 5 U.S.C. 553, or any
other statute. This rule is not subject to
notice and comment requirements
under the APA because the Agency has
invoked the APA ‘‘good cause’’
exemption (see Unit II.).
lotter on DSK11XQN23PROD with RULES1
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain an
unfunded mandate of $100 million (in
1995 dollars and adjusted annually for
inflation) or more as described in
UMRA, 2. U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. The action imposes no
enforceable duty on any state, local or
tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action will not have federalism
impacts as defined in Executive Order
13132 (64 FR 43255, August 10, 1999)
because this action will not have
substantial direct effects on States, on
the relationship between the Federal
Government and States, or on the
distribution of power and
responsibilities between the Federal
Government and States.
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15:52 Sep 26, 2024
Jkt 262001
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action will not have tribal
implications as defined in Executive
Order 13175 (65 FR 67249, November 9,
2000) because this action will not have
substantial direct effects on tribal
governments, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
This action is not subject to Executive
Order 13045 (62 FR 19885, April 23,
1997), because it does not address
environmental health or safety risks
disproportionately affecting children.
Since this action does not concern
human health, EPA’s 2021 Policy on
Children’s Health also does not apply.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not a ‘‘significant
energy action’’ as defined in Executive
Order 13211 (66 FR 28355, May 22,
2001), because it is not likely to have
any adverse effect on the supply,
distribution or use of energy.
I. National Technology Transfer and
Advancement Act (NTTAA)
This action does not involve technical
standards under the NTTAA section
12(d), 15 U.S.C. 272.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations and Executive
Order 14096: Revitalizing Our Nation’s
Commitment to Environmental Justice
for All
EPA believes that this type of action
does not concern human health or
environmental conditions and therefore
cannot be evaluated with respect to
potentially disproportionate and
adverse effects on communities with
environmental justice concerns in
accordance with Executive Orders
12898 (59 FR 7629, February 16, 1994)
and 14096 (88 FR 25251, April 26,
2023).
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5
U.S.C. 801 et seq., and EPA will submit
a rule report to each House of the
Congress and to the Comptroller General
of the United States. This does not meet
the criteria set forth in 5 U.S.C. 804(2).
PO 00000
Frm 00028
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List of Subjects in 40 CFR Part 711
Environmental protection, Chemicals,
Confidential Business Information (CBI),
Hazardous materials, Importer,
Manufacturer, Reporting and
recordkeeping requirements.
Dated: September 23, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
Therefore, for reasons set forth in the
preamble, EPA amends 40 CFR part 711
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. Revise and republish § 711.20 to
read as follows:
■
§ 711.20
When to report.
All information reported to EPA in
response to the requirements of this part
must be submitted during an applicable
submission period. The 2024 CDR
submission period is from June 1, 2024,
to November 22, 2024. Subsequent
recurring submission periods are from
June 1 to September 30 at 4-year
intervals, beginning in 2028. In each
submission period, any person
described in § 711.8 must report as
described in this part.
[FR Doc. 2024–22060 Filed 9–26–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 425
[CMS–1799–F]
RIN 0938–AV20
Medicare Program: Mitigating the
Impact of Significant, Anomalous, and
Highly Suspect Billing Activity on
Medicare Shared Savings Program
Financial Calculations in Calendar
Year 2023
Centers for Medicare &
Medicaid Services (CMS), Department
of Health and Human Services (HHS).
ACTION: Final rule.
AGENCY:
This final rule addresses
policies for assessing performance year
(PY) 2023 financial performance of
Medicare Shared Savings Program
(Shared Savings Program) Accountable
Care Organizations (ACOs); establishing
SUMMARY:
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Agencies
[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Rules and Regulations]
[Pages 79150-79152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22060]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 711
[EPA-HQ-OPPT-2018-0321; FRL-5982.2-01-OCSPP]
RIN 2070-AK33
Chemical Data Reporting; Extension of the 2024 Submission Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA or Agency) is
amending the Toxic Substances Control Act (TSCA) Chemical Data
Reporting (CDR) regulations to extend the submission deadline for 2024
reports to November 22, 2024. This extension is for the 2024 submission
period only. The TSCA CDR regulations require manufacturers (including
importers) of certain chemical substances included on the TSCA Chemical
Substance Inventory (TSCA Inventory) to report data on the
manufacturing, processing, and use of the chemical substances.
DATES: This final rule is effective September 27, 2024.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2018-0321, is available online
at https://www.regulations.gov. Additional information about dockets
generally, along with instructions for visiting the docket in-person,
is available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact: Susan Sharkey, Data Gathering,
Management, and Policy Division (7406M), Office of Pollution Prevention
and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001; telephone number: (202) 564-8789; 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. Executive Summary
A. Does this action apply to me?
You may be potentially affected by this action if you manufacture
(including import) chemical substances listed on the TSCA Inventory.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include but are not limited to:
[[Page 79151]]
Chemical manufacturers (including importers) (NAICS codes
325 and 324110, e.g., chemical manufacturing and processing and
petroleum refineries) and
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).
B. What action is the Agency taking?
The current 2024 CDR submission period is from June 1 to September
30, 2024. EPA is issuing this amendment to extend the deadline for the
submission of 2024 CDR reports until November 22, 2024. This extension
is for the 2024 submission period only. Subsequent submission periods
(recurring every four years, next in 2028) are not being amended.
EPA is taking this action in response to concerns related to the
2024 CDR data submission tool, primarily associated with the ability of
the reporting tool to correctly capture substantiations for chemical
identity CBI claims. In the tool, submitters are able to claim as
confidential the identity of a chemical substance already listed as
confidential on the TSCA Inventory (40 CFR 711.30(c)) by checking the
appropriate CBI box in the reporting tool and submitting detailed
written answers to substantiation questions. Late in the 2024 reporting
period, however, EPA found that when submitters used the reporting tool
to copy the substantiation from one chemical to another, some questions
and their responses were not copied and were, therefore, not included
with the submission. The application erroneously indicated that the
information was correctly copied and prevented users from supplying the
missing information. Although this issue would only affect the small
percentage of the submitters making chemical identity CBI claims,
enabling each submitter to substantiate a CBI claim according to the
requirements of 40 CFR 711.30 is important.
As noted previously, this issue with the CDR data submission tool
was identified very recently. When EPA identified the issue, the Agency
took immediate action to fix the issue and extend the reporting period.
EPA expects to have the reporting tool working properly before the end
of September 2024. Ahead of deploying this correction to the tool, EPA
(through the reporting application) has asked that users submitting CBI
claims involving chemical identities refrain from copying data from one
chemical to another. The risk that some users may still use this copy
functionality without realizing that it does not work properly (and
that their CBI claim(s) therefore have not been properly
substantiated), however, indicates that more time is needed to ensure
reports are accurately filed. To this end, submitters need adequate
time to verify and update, if needed, their chemical identity
confidentiality claims and supporting substantiations. Further, EPA
needs time to ensure that the update to the reporting tool works as
intended, and that sites that have submitted CDR forms prior to
deployment of this update have adequate time to review their submission
and make updates as appropriate, should this error have resulted in
their submission having been incorrectly provided to EPA.
C. 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).
II. Why is this amendment issued as a final rule?
Section 553(b)(B) of the Administrative Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that, when an agency for good cause finds
that public notice and comment procedures are impracticable,
unnecessary, or contrary to the public interest, the agency may issue a
rule without providing notice and an opportunity for public comment.
The EPA has determined that there is good cause for making this rule to
extend the reporting period final without prior proposal and
opportunity for comment, because such notice and opportunity for
comment is impracticable for the reasons explained in this section.
As explained in the prior section, the electronic reporting issue
has unexpectedly narrowed the time window the Agency had allotted under
the regulations to complete and submit 2024 CDR reports. The extent of
this electronic reporting issue was unforeseen, given that EPA had
conducted a beta test with expected users of the reporting tool prior
to the beginning of the submission period, and EPA staff similarly had
not discovered this issue until three weeks ahead of the September 30,
2024, reporting deadline. Further, most sites submit CDR data during
the final month of the reporting period, having collected and prepared
data earlier in the submission period. Given that the current reporting
deadline is September 30, 2024, regular notice and comment procedures
to extend that deadline to address these unforeseen circumstances are
impracticable, as the rule could not be finalized before the current
reporting deadline. Additionally, notice and comment is impracticable
because this deadline extension merely enables reports to be submitted
as required under the current regulations, absent these unforeseen
submission problems, and does not impact the substance of the data
collection or other regulatory requirements.
This action does not alter the substantive CDR reporting
requirements in any way. The Agency also believes this extension will
not result in a significant delay in the processing and availability of
CDR information to potential users. This extension will not
significantly impact the Agency's ability to carry out actions and
activities that rely upon CDR, including work on the TSCA risk
evaluations. EPA will consider CDR information as soon as it becomes
available and work on risk evaluations remains ongoing. 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 2024
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
extension provides additional time to submit accurate CDR reports to
EPA.
APA section 553(d) (5 U.S.C. 553(d)), in turn, allows an agency to
make a rule immediately effective ``for good cause found and published
with the rule.'' EPA has determined that there is good cause for making
this final rule effective immediately because the current deadline for
reporting is imminent and the regulated community does not need time to
prepare for this change in the reporting deadline; rather, the
reporting deadline extension provides the needed time for the regulated
community to meet the existing requirements. Such an extension also
``relieves a restriction'' under APA 553(d)(1), 5 U.S.C. 553(d)(1).
For the reasons discussed in this unit, the Agency finds that good
cause exists under APA section 553(d) to make this rule effective
immediately upon publication in the Federal Register.
III. Do any of the statutory and executive order review requirements
apply to this action?
No. This action is a technical amendment to 40 CFR part 711 that is
necessary in order to extend the deadline for the 2024 CDR reporting
period that appears in 40 CFR 711.20. This action does not otherwise
impose
[[Page 79152]]
any new requirements or change the substantive requirements. Additional
information about these statutes and Executive Orders can be found at
https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866(58 FR 51735, October 4, 1993), as amended by
Executive Order 14094 (88 FR 21879, April 11, 2023), and was therefore
not subject to Executive Order 12866 review.
B. Paperwork Reduction Act (PRA)
This action does not contain any new information collection burden
under the PRA, 44 U.S.C. 3501 et seq. OMB has previously approved the
information collection activities contained in the existing regulations
and has assigned OMB control number 2070-0162 (EPA ICR No. 1884.15).
This action does not create any new reporting or recordkeeping
obligations, and does not otherwise change the burden estimates that
were approved.
C. Regulatory Flexibility Act (RFA)
This action is not subject to the RFA, 5 U.S.C. 601 et seq. The RFA
applies only to rules subject to notice and comment rulemaking
requirements under the APA, 5 U.S.C. 553, or any other statute. This
rule is not subject to notice and comment requirements under the APA
because the Agency has invoked the APA ``good cause'' exemption (see
Unit II.).
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million
(in 1995 dollars and adjusted annually for inflation) or more as
described in UMRA, 2. U.S.C. 1531-1538, and does not significantly or
uniquely affect small governments. The action imposes no enforceable
duty on any state, local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action will not have federalism impacts as defined in
Executive Order 13132 (64 FR 43255, August 10, 1999) because this
action will not have substantial direct effects on States, on the
relationship between the Federal Government and States, or on the
distribution of power and responsibilities between the Federal
Government and States.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action will not have tribal implications as defined in
Executive Order 13175 (65 FR 67249, November 9, 2000) because this
action will not have substantial direct effects on tribal governments,
on the relationship between the Federal Government and Indian tribes,
or on the distribution of power and responsibilities between the
Federal Government and Indian tribes.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it does not address environmental health or
safety risks disproportionately affecting children. Since this action
does not concern human health, EPA's 2021 Policy on Children's Health
also does not apply.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have any adverse effect on the supply, distribution or use of
energy.
I. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards under the NTTAA
section 12(d), 15 U.S.C. 272.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
EPA believes that this type of action does not concern human health
or environmental conditions and therefore cannot be evaluated with
respect to potentially disproportionate and adverse effects on
communities with environmental justice concerns in accordance with
Executive Orders 12898 (59 FR 7629, February 16, 1994) and 14096 (88 FR
25251, April 26, 2023).
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This does not meet the
criteria set forth in 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 711
Environmental protection, Chemicals, Confidential Business
Information (CBI), Hazardous materials, Importer, Manufacturer,
Reporting and recordkeeping requirements.
Dated: September 23, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, for reasons set forth in the preamble, EPA amends 40 CFR
part 711 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. Revise and republish Sec. 711.20 to read as follows:
Sec. 711.20 When to report.
All information reported to EPA in response to the requirements of
this part must be submitted during an applicable submission period. The
2024 CDR submission period is from June 1, 2024, to November 22, 2024.
Subsequent recurring submission periods are from June 1 to September 30
at 4-year intervals, beginning in 2028. In each submission period, any
person described in Sec. 711.8 must report as described in this part.
[FR Doc. 2024-22060 Filed 9-26-24; 8:45 am]
BILLING CODE 6560-50-P