Toxic Substances Control Act (TSCA) Review of CBI Claims for the Identity of Chemicals in the TSCA Inventory; Extension of Review Period, 645-646 [2024-31291]

Download as PDF khammond on DSK9W7S144PROD with NOTICES Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices program as well and justifying the need for its own nonroad vehicle emission control program, which includes the subject standards and procedures. Although EPA believes it unnecessary, CARB has also demonstrated the need for the Omnibus Low NOX standards within the Omnibus regulations. The administrative record, including information presented to me by parties opposing California’s waiver (and authorization) request, did not demonstrate that California no longer has compelling and extraordinary conditions justifying a need for its own motor vehicle emission control program and its own nonroad vehicle emission control program, or alternatively, a need for the Omnibus Low NOX standards. Therefore, based on the record, I agree that California continues to have compelling and extraordinary conditions which require its own programs, or alternatively, a need for the Omnibus Low NOX standards. Information presented to me by parties opposing the waiver did not demonstrate otherwise. Thus, I cannot deny the waiver based on section 209(b)(1)(B) or section 209(e)(2)(A)(ii). CARB has submitted information that its emission standards and test procedures are technologically feasible and present no inconsistency with Federal requirements and are, therefore, consistent with section 202(a) of the Act and are consistent with section 209 as required by section 209(e)(2)(A)(iii). The administrative record, including information presented to me by parties opposing California’s waiver and authorization requests, did not satisfy the burden of persuading EPA that the standards are not technologically feasible within the available lead time, considering costs, or are otherwise inconsistent with section 202(a) (for onroad) or section 209 (for nonroad). Thus, based on the record, I cannot deny the waiver based on section 209(b)(1)(C) or section 209(e)(2)(A)(iii). Accordingly, I hereby granted the waiver and authorization requested by California. Section 307(b)(1) of the CAA govern judicial review of final actions by EPA. Petitions for review must be filed by March 7, 2025. As with past waiver and authorization decisions, this action is not a rule as defined by Executive Order 12866. Therefore, it is exempt from review by the Office of Management and Budget as required for rules and regulations by Executive Order 12866. In addition, this action is not a rule as defined in the Regulatory Flexibility Act, 5 U.S.C. 601(2). Therefore, EPA has not prepared a supporting regulatory VerDate Sep<11>2014 19:04 Jan 03, 2025 Jkt 265001 flexibility analysis addressing the impact of this action on small business entities. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, does not apply because this action is not a rule, for purposes of 5 U.S.C. 804(3). Michael S. Regan, Administrator. [FR Doc. 2024–31125 Filed 1–3–25; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPPT–2018–0320; FRL–11655– 02–OCSPP] Toxic Substances Control Act (TSCA) Review of CBI Claims for the Identity of Chemicals in the TSCA Inventory; Extension of Review Period Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: The Environmental Protection Agency (EPA or Agency) is announcing the extension of the review period for Confidential Business Information (CBI) claims for specific identities of all active chemical substances listed on the confidential portion of the Toxic Substances Control Act (TSCA) Inventory submitted to the EPA under TSCA. EPA has determined that a further extension of the statutory review period for the review of CBI claims under TSCA is necessary to allow the Agency to complete the required reviews under TSCA. DATES: The review period is extended to February 19, 2026. ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPPT–2018–0320, is available online at https:// www.regulations.gov. Additional instructions for 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: Jessica Barkas, Project Management and Operations Division (7401), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460–0001; telephone number: (202) 250–8880; email address: barkas.jessica@epa.gov. For general information: The TSCAHotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; SUMMARY: PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 645 telephone number: (202) 554–1404; email address: TSCA-Hotline@epa.gov. SUPPLEMENTARY INFORMATION: I. Does this action apply to me? You may be affected by this action if you submitted a Notice of Activity Form A to EPA under TSCA section 8(b)(4) and 40 CFR part 710, subpart B and asserted any CBI claims concerning the specific identities of the chemical substances you reported. Persons who seek information on such submissions may also be affected by this action. 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: • Manufacturers, importers, or processors of chemical substances (NAICS codes 325 and 324110), e.g., chemical manufacturing and petroleum refineries. If you have any questions regarding the applicability of this action to a particular entity, consult the technical contact person listed under FOR FURTHER INFORMATION CONTACT. II. What is the Agency’s authority for taking this action? TSCA authorizes the extension of the Review Plan deadline in TSCA section 8(b)(4)(E)(ii)(I), 15 U.S.C. 2607(b)(4)(E)(ii)(I). III. What action is the Agency taking? EPA is announcing to the public that it is further extending an Agency review deadline pursuant to the authority in TSCA section 8(b)(4)(E)(ii)(I), 15 U.S.C. 2607(b)(4)(E)(ii)(I). The additional time is necessary to complete the reviews given the volume of submissions that require review, information technology issues, insufficient resources and other legal and administrative delays that have affected the review process. EPA previously extended the review period by one year, to February 19, 2025 (89 FR 4605, January 24, 2024 (FRL–11655–01– OCSPP)). As discussed in that document, EPA has evaluated its progress toward completing the requirements for the Agency to review CBI substantiations outlined in the final rule titled ‘‘Procedures for Review of CBI Claims for the Identity of Chemicals in the TSCA Inventory’’ (Review Plan rule), (85 FR 13062, March 6, 2020 (FRL–10005–48)) and has concluded that a further one year extension will be necessary to complete the Review Plan reviews. E:\FR\FM\06JAN1.SGM 06JAN1 khammond on DSK9W7S144PROD with NOTICES 646 Federal Register / Vol. 90, No. 3 / Monday, January 6, 2025 / Notices IV. What is the TSCA Review Plan? Pursuant to TSCA section 8(b), EPA finalized the Review Plan rule establishing, inter alia, the Agency’s plan for reviewing all active TSCA Inventory CBI claims concerning specific chemical identities that had been made in Active-Inactive rule reporting taking place in 2017 and 2018 (see 40 CFR part 710, subparts B (Commercial Activity Notification) and C (Review Plan)). Consistent with TSCA section 8(b)(4)(E)(i), which allows a fiveyear period for these reviews following compilation of an initial list of active substances, the reviews were targeted for completion by February 19, 2024 (see 40 CFR 710.55(d). Since finalizing the Review Plan rule, however, EPA has encountered issues that have prevented meeting this original target. These issues and/or their effects persist to the present, making meeting the extended target of February 19, 2025, impossible. Consequently, consistent with TSCA section 8(b)(4)(E)(ii)(I) and 40 CFR 710.55(e), which permit EPA to extend the review period by up to two years, EPA is further extending the target review completion date until February 19, 2026. Several issues and factors caused delays that prevented EPA from completing its review within the fiveyear period (and are going to prevent completion within the previous oneyear extension). These issues are described in more detail in the document at 89 FR 4605–4606, but include a large universe of claims to review (more than 4,805 chemical substances in 5,787 often-complex submissions) and concurrent activities to update the public portion of the TSCA Inventory, consistent with the requirements of TSCA sections 8(b) and 14. Also, adapting and maintaining the Agency’s information technology (IT) systems to complete these reviews has continued to contribute to delays in reviewing these CBI claims. The size (i.e. very large file size) and other features of certain submissions caused IT difficulties that halted the CBI review process for about nine months while available resources were prioritized to address more critical IT needs. A lack of requested appropriated funds in FY24 and FY25 resulted in insufficient contract resources to address IT system issues in addition to not allowing EPA to maintain the necessary staffing level to make progress on these reviews. Finally, EPA was delayed in commencing Review Plan reviews for approximately six months to a year as a result of the decision of the U.S. Court of Appeals for the District of Columbia VerDate Sep<11>2014 19:04 Jan 03, 2025 Jkt 265001 Circuit in Environmental Defense Fund v. EPA, 922 F.3d 446 (D.C. Cir. 2019), which resulted in a need for additional rulemaking activity to add a reporting requirement. The additional reporting requirement created confusion among some reporting entities, further slowing the review process. These issues and factors together justify extending the review period deadline by a total of two years, consistent with TSCA section 8(b)(4)(E)(ii)(I). Authority: 15 U.S.C. 2607(b). Dated: December 20, 2024. Michal Freedhoff, Assistant Administrator, Office of Chemical Safety and Pollution Prevention. [FR Doc. 2024–31291 Filed 1–3–25; 8:45 am] BILLING CODE 6560–50–P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Agency Information Collection Activities: Extension Without Change of An Existing Collection; Comment Request Equal Employment Opportunity Commission. ACTION: Final notice of information collection—Uniform Guidelines on Employee Selection Procedures— extension without change. AGENCY: In accordance with the Paperwork Reduction Act of 1995, the Equal Employment Opportunity Commission (EEOC or Commission) announces that it has submitted the information described below to the Office of Management and Budget (OMB) for a three-year extension without change. DATES: Written comments on this notice must be submitted on or before February 5, 2025. ADDRESSES: Written comments should be sent within 30 days of publication of this final notice to www.reginfo.gov/ public/do/PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. FOR FURTHER INFORMATION CONTACT: Gary Hozempa, Senior Attorney, at (202) 921–2672 or Gary.Hozempa@eeoc.gov. Requests for this notice in an alternative format should be made to the Office of Communications and Legislative Affairs at (202) 921–3191 (voice), (800) 669– 6820 (TTY), or (844) 234–5122 (ASL Video Phone). SUPPLEMENTARY INFORMATION: SUMMARY: PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 Overview of Current Information Collection Collection Title: Recordkeeping Requirements of the Uniform Guidelines on Employee Selection Procedures, 29 CFR part 1607, 41 CFR part 60–3, 28 CFR part 50, 5 CFR part 300. OMB Number: 3046–0017. Type of Respondent: Businesses or other institutions; Federal Government; State or local governments and farms. North American Industry Classification System (NAICS) Code: Multiple. Standard Industrial Classification Code (SIC): Multiple. Description of Affected Public: Any employer, Government contractor, labor organization, or employment agency covered by the Federal equal employment opportunity laws. Respondents: 887,869. Responses: 887,869. Recordkeeping Hours: 15,422,941 per year. Number of Forms: None. Form Number: None. Frequency of Report: None. Abstract: The Uniform Guidelines provide fundamental guidance for all title VII-covered employers about the use of employment selection procedures. The records addressed by UGESP are used by respondents to ensure that they are complying with title VII and Executive Order 11246; by the Federal agencies that enforce title VII and Executive Order 11246 to investigate, conciliate, and litigate charges of employment discrimination; and by complainants to establish violations of Federal equal employment opportunity laws. While there is no data available to quantify these benefits, the collection of accurate applicant flow data enhances each employer’s ability to address deficiencies in recruitment and selection processes, including detecting barriers to equal employment opportunity. On October 29, 2024, the Commission published a 60-Day Notice informing the public of its intent to request an extension without change of the information collection requirements from the Office of Management and Budget (89 FR 85963 (October 29, 2024). Public comments were solicited. None were submitted as of the December 30, 2024 deadline for filing. Burden Statement: There are no reporting requirements associated with UGESP. The burden being estimated is the cost of collecting and storing a job applicant’s gender, race, and ethnicity data. The only paperwork burden derives from this recordkeeping. Only E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[Federal Register Volume 90, Number 3 (Monday, January 6, 2025)]
[Notices]
[Pages 645-646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31291]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2018-0320; FRL-11655-02-OCSPP]


Toxic Substances Control Act (TSCA) Review of CBI Claims for the 
Identity of Chemicals in the TSCA Inventory; Extension of Review Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
announcing the extension of the review period for Confidential Business 
Information (CBI) claims for specific identities of all active chemical 
substances listed on the confidential portion of the Toxic Substances 
Control Act (TSCA) Inventory submitted to the EPA under TSCA. EPA has 
determined that a further extension of the statutory review period for 
the review of CBI claims under TSCA is necessary to allow the Agency to 
complete the required reviews under TSCA.

DATES: The review period is extended to February 19, 2026.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2018-0320, is available online 
at https://www.regulations.gov. Additional instructions for 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: Jessica Barkas, Project Management and 
Operations Division (7401), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001; telephone number: (202) 250-8880; email address: 
[email protected].
    For general information: The TSCA-Hotline, ABVI-Goodwill, 422 South 
Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; 
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    You may be affected by this action if you submitted a Notice of 
Activity Form A to EPA under TSCA section 8(b)(4) and 40 CFR part 710, 
subpart B and asserted any CBI claims concerning the specific 
identities of the chemical substances you reported. Persons who seek 
information on such submissions may also be affected by this action. 
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:
     Manufacturers, importers, or processors of chemical 
substances (NAICS codes 325 and 324110), e.g., chemical manufacturing 
and petroleum refineries.
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical contact person 
listed under FOR FURTHER INFORMATION CONTACT.

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

    TSCA authorizes the extension of the Review Plan deadline in TSCA 
section 8(b)(4)(E)(ii)(I), 15 U.S.C. 2607(b)(4)(E)(ii)(I).

III. What action is the Agency taking?

    EPA is announcing to the public that it is further extending an 
Agency review deadline pursuant to the authority in TSCA section 
8(b)(4)(E)(ii)(I), 15 U.S.C. 2607(b)(4)(E)(ii)(I). The additional time 
is necessary to complete the reviews given the volume of submissions 
that require review, information technology issues, insufficient 
resources and other legal and administrative delays that have affected 
the review process. EPA previously extended the review period by one 
year, to February 19, 2025 (89 FR 4605, January 24, 2024 (FRL-11655-01-
OCSPP)). As discussed in that document, EPA has evaluated its progress 
toward completing the requirements for the Agency to review CBI 
substantiations outlined in the final rule titled ``Procedures for 
Review of CBI Claims for the Identity of Chemicals in the TSCA 
Inventory'' (Review Plan rule), (85 FR 13062, March 6, 2020 (FRL-10005-
48)) and has concluded that a further one year extension will be 
necessary to complete the Review Plan reviews.

[[Page 646]]

IV. What is the TSCA Review Plan?

    Pursuant to TSCA section 8(b), EPA finalized the Review Plan rule 
establishing, inter alia, the Agency's plan for reviewing all active 
TSCA Inventory CBI claims concerning specific chemical identities that 
had been made in Active-Inactive rule reporting taking place in 2017 
and 2018 (see 40 CFR part 710, subparts B (Commercial Activity 
Notification) and C (Review Plan)). Consistent with TSCA section 
8(b)(4)(E)(i), which allows a five-year period for these reviews 
following compilation of an initial list of active substances, the 
reviews were targeted for completion by February 19, 2024 (see 40 CFR 
710.55(d). Since finalizing the Review Plan rule, however, EPA has 
encountered issues that have prevented meeting this original target. 
These issues and/or their effects persist to the present, making 
meeting the extended target of February 19, 2025, impossible. 
Consequently, consistent with TSCA section 8(b)(4)(E)(ii)(I) and 40 CFR 
710.55(e), which permit EPA to extend the review period by up to two 
years, EPA is further extending the target review completion date until 
February 19, 2026.
    Several issues and factors caused delays that prevented EPA from 
completing its review within the five-year period (and are going to 
prevent completion within the previous one-year extension). These 
issues are described in more detail in the document at 89 FR 4605-4606, 
but include a large universe of claims to review (more than 4,805 
chemical substances in 5,787 often-complex submissions) and concurrent 
activities to update the public portion of the TSCA Inventory, 
consistent with the requirements of TSCA sections 8(b) and 14. Also, 
adapting and maintaining the Agency's information technology (IT) 
systems to complete these reviews has continued to contribute to delays 
in reviewing these CBI claims. The size (i.e. very large file size) and 
other features of certain submissions caused IT difficulties that 
halted the CBI review process for about nine months while available 
resources were prioritized to address more critical IT needs. A lack of 
requested appropriated funds in FY24 and FY25 resulted in insufficient 
contract resources to address IT system issues in addition to not 
allowing EPA to maintain the necessary staffing level to make progress 
on these reviews. Finally, EPA was delayed in commencing Review Plan 
reviews for approximately six months to a year as a result of the 
decision of the U.S. Court of Appeals for the District of Columbia 
Circuit in Environmental Defense Fund v. EPA, 922 F.3d 446 (D.C. Cir. 
2019), which resulted in a need for additional rulemaking activity to 
add a reporting requirement. The additional reporting requirement 
created confusion among some reporting entities, further slowing the 
review process.
    These issues and factors together justify extending the review 
period deadline by a total of two years, consistent with TSCA section 
8(b)(4)(E)(ii)(I).
    Authority: 15 U.S.C. 2607(b).

    Dated: December 20, 2024.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2024-31291 Filed 1-3-25; 8:45 am]
BILLING CODE 6560-50-P
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