Chemical Category for Octahydro-Tetramethyl-Naphthalenyl-Ethanone (OTNE); Manufacturer Request for Risk Evaluation Under the Toxic Substances Control Act (TSCA); Notice of Availability and Request for Comments
| Published date | 19 February 2021 |
| Citation | 86 FR 10267 |
| Record Number | 2021-03383 |
| Section | Notices |
| Court | Environmental Protection Agency |
10267
Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OAR–2020–0351; FRL–10020–42–
OAR]
Ozone Transport Commission
Recommendation That EPA Require
Daily Limits for Emissions of Nitrogen
Oxides From Certain Sources in
Pennsylvania: Extension of Comment
Period
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Notice; extension of comment
period.
SUMMARY
: On January 15, 2021, EPA
issued a Federal Register notice of
public hearing and supplemental
information regarding a
recommendation submitted by the
Ozone Transport Commission (OTC) to
address ongoing ozone pollution in the
northeastern United States. The OTC
has recommended that EPA require
Pennsylvania to revise its state
implementation plan (SIP) to include
additional control measures that would
establish daily limits on emissions of
nitrogen oxides (NO
X
) from coal-fired
electricity generating units (EGUs) with
already-installed selective catalytic
reduction (SCR) or selective
noncatalytic reduction (SNCR) controls.
This document extends the comment
period for 30 days, from March 8, 2021
to April 7, 2021.
DATES
: Comments identified by docket
identification (ID) number EPA–HQ–
OAR–2020–0351 must be received on or
before April 7, 2021.
ADDRESSES
: Follow the detailed
instructions provided under
ADDRESSES
in the Federal Register document of
January 15, 2021 (86 FR 4049).
FOR FURTHER INFORMATION CONTACT
: Beth
Murray, Clean Air Markets Division,
Office of Atmospheric Programs, Office
of Air and Radiation, Environmental
Protection Agency, 202–343–9115,
murray.beth@epa.gov.
SUPPLEMENTARY INFORMATION
: This
document extends the public comment
period established in the Federal
Register document of January 15, 2021
(86 FR 4049), which opened a public
comment period for supplemental
information concerning a
recommendation submitted by the OTC
to EPA under CAA section 184(c). In the
January 15, 2021 notice, EPA discussed
the relevant statutory provisions,
described the steps EPA is following to
facilitate public participation in the
Agency’s process for reaching a decision
on the recommendation, discussed the
OTC recommendation—including the
Delaware, Maryland, and New Jersey
rules that OTC believes should become
the standards for EPA’s approval of a
responsive SIP revision from
Pennsylvania, identified the potentially
affected Pennsylvania EGUs, and
summarized the supporting information
provided by the OTC. EPA further
provided information on the potentially
affected EGUs’ historical emissions and
on regulatory context that may be
relevant to EPA’s decision on the
recommendation.
EPA is hereby extending the public
comment period, which was set to end
on March 8, 2021, to April 7, 2021. After
considering a request to extend the
comment period received from a
stakeholder, EPA is extending the
comment period for the following
reasons: (1) The legal and technical
complexity of the analysis of the
recommendation; (2) the need for
stakeholders to consider the interaction
of this decision with other actions the
Agency is concurrently considering; (3)
the stakeholders’ need for additional
time to review and develop constructive
comments and related analyses on the
recommendation. To submit comments,
or access the docket, please follow the
detailed instructions provided under
ADDRESSES
in the Federal Register
document of January 15, 2021. If you
have any questions regarding the
applicability of this action to a
particular entity, consult the person
listed under
FOR FURTHER INFORMATION
CONTACT
.
Hans Christopher Grundler,
Director, Office of Atmospheric Programs.
[FR Doc. 2021–03367 Filed 2–18–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2020–0738; FRL–10019–
82]
Chemical Category for Octahydro-
Tetramethyl-Naphthalenyl-Ethanone
(OTNE); Manufacturer Request for Risk
Evaluation Under the Toxic
Substances Control Act (TSCA); Notice
of Availability and Request for
Comments
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Notice.
SUMMARY
: The Environmental Protection
Agency (EPA) is announcing the
availability of and soliciting public
comment on a manufacturer request for
a risk evaluation under the Toxic
Substances Control Act (TSCA) of
ethanone, 1-(1,2,3,4,5,6,7,8-octahydro-
2,3,5,5-tetramethyl-2-naphthalenyl),
ethanone, 1-(1,2,3,4,5,6,7,8-octahydro-
2,3,8,8-tetramethyl-2-naphthalenyl),
ethanone, 1-(1,2,3,4,6,7,8,8a-octahydro-
2,3,8,8-tetramethyl-2-naphthalenyl), and
ethanone, 1-(1,2,3,5,6,7,8,8a-octahydro-
2,3,8,8-tetramethyl-2-naphthalenyl)
(collectively, ‘‘OTNE’’). The request was
made by International Flavors and
Fragrances, Inc. (IFF), Privi Organics
USA Corporation (Privi), and DRT
America, Inc. (DRT) through the OTNE
Consortium. EPA conducts risk
evaluations to determine whether a
chemical substance presents an
unreasonable risk of injury to health or
the environment without consideration
of costs or other non-risk factors,
including an unreasonable risk to
potentially exposed or susceptible
subpopulations, under the conditions of
use. In the docket associated with this
request is the manufacturer request for
an EPA-conducted risk evaluation and
possible additional conditions of use
EPA has identified for inclusion within
the scope of a risk evaluation of OTNE.
EPA specifically invites public
comment on the inclusion of any
additional conditions of use and
potentially exposed or susceptible
subpopulations. The Agency is in the
process of broadly re-examining how it
intends to implement these and other
provisions of amended TSCA including
determining how new executive orders
and other direction provided by the
Biden-Harris Administration will be
addressed. This process would benefit
greatly from stakeholder feedback. After
considering comments received in
response to this solicitation, EPA will
determine whether to grant or deny the
manufacturer request. All TSCA risk
evaluations, whether EPA-initiated or
manufacturer-requested, will be
conducted in the same manner.
DATES
: Comments must be received on
or before April 5, 2021.
ADDRESSES
: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2020–0738,
through the Federal eRulemaking Portal
at http://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. To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at http://
www.epa.gov/dockets/contacts.html.
Please note that due to the public
health emergency the EPA Docket
Center (EPA/DC) and Reading Room
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Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Notices
were closed to public visitors on March
31, 2020. Our EPA/DC staff will
continue to provide customer service
via email, phone, and webform. For
further information on EPA/DC services,
docket contact information and the
current status of the EPA/DC and
Reading Room, please visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT
: For
technical information contact: Jeffrey
Putt, Existing Chemicals Risk
Management Division (Mail Code
7404T), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; telephone
number: (202) 564–3703; email address:
putt.jeffrey@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 apply to me?
This notice is directed to the public
in general and may be of interest to
persons who currently or may
manufacture (including import),
process, distribute, use, and/or dispose
of OTNE. 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 in these risk evaluations, EPA
has not attempted to describe all the
specific entities that may be affected by
this action.
B. What is EPA’s authority for taking
this action?
TSCA section 6(b) requires that EPA
conduct risk evaluations on existing
chemical substances and identifies the
minimum components EPA must
include in all chemical substance risk
evaluations. 15 U.S.C. 2605(b). The risk
evaluation must not consider costs or
other non-risk factors. 15 U.S.C.
2605(b)(4)(F)(iii). The specific risk
evaluation process is set out in 40 CFR
part 702 and summarized on EPA’s
website at https://www.epa.gov/
assessing-and-managing-chemicals-
under-tsca/risk-evaluations-existing-
chemicals-under-tsca.
TSCA section 6(b) also allows
manufacturers of a chemical substance
to request an EPA-conducted risk
evaluation on the chemical substance.
TSCA required EPA to develop the form
and manner under which these requests
must be made, and the criteria for which
EPA will determine whether to grant a
request. These requirements and criteria
are set out in 40 CFR 702.37.
Under 40 CFR 702.37(e)(3), EPA is
required to assess whether the
circumstances identified in a
manufacturer request for a risk
evaluation constitute conditions of use
(as defined under TSCA section (3)(4)
and implementing regulations at 40 CFR
702.33), and whether those conditions
of use warrant inclusion within the
scope of a risk evaluation for the
chemical substance. EPA will also
assess what, if any, additional
conditions of use warrant inclusion
within the scope of a risk evaluation for
the chemical substance. EPA will
conduct these assessments based on the
same considerations applied in the same
manner as it would for a risk evaluation
in the EPA-initiated risk evaluation
process.
No later than 60 business days after
receiving a manufacturer request for risk
evaluation that EPA has determined to
be facially complete (meeting the
criteria set forth in 40 CFR 702.37(e)(1)),
EPA is required to submit for
publication the receipt of the request in
the Federal Register, open a public
docket for the request (which must
contain the manufacturer request and
EPA’s possible additional conditions of
use), and provide no less than 45
calendar days for public comment. This
notice identifies the docket containing
the manufacturer request, EPA’s
possible additional conditions of use,
and the basis for including those
possible additional conditions of use.
During the public comment period, the
public may submit comments and
information relevant to the requested
risk evaluation, as well as the additional
possible conditions of use EPA is
including in the docket.
After the comment period closes, the
Agency has up to 60 days to either grant
or deny the request to conduct a risk
evaluation under 40 CFR 702.37(e)(6).
EPA will review the request along with
any additional information received
during the comment period, and grant
the request if it determines the request
meets all of the following requirements
listed under 40 CFR 702.37(e)(6)(ii):
DThe circumstances identified in the
request constitute conditions of use that
warrant inclusion in a risk evaluation
for the chemical substance;
DEPA has all the information needed
to conduct such risk evaluation on the
conditions of use that were the subject
of the request; and
DAll other criteria and requirements
of 40 CFR 702.37 have been met.
C. What action is EPA taking?
EPA is announcing the availability of
and soliciting public comment on a
manufacturer request for a risk
evaluation of OTNE under TSCA section
6(b) that is described in detail in Unit
II. Also available in the docket
associated with this request are the
manufacturer request and possible
additional conditions of use EPA
identified for inclusion in a risk
evaluation of OTNE. This notice
satisfies 40 CFR 702.37(e)(4).
D. What should I consider as I prepare
my comments for EPA?
1. Submitting 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
information 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 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
http://www.epa.gov/dockets/
comments.html.
II. Summary of This Manufacturer
Request
On November 20, 2020, EPA received
a complete manufacturer request for a
TSCA risk evaluation of OTNE that was
made by IFF, Privi, and DRT, through
the OTNE Consortium. After
determining the request was facially
complete (i.e., EPA determined that the
request appeared to be consistent with
the requirements in 40 CFR 702.37(b)
through (d), such as including all the
necessary information in those
paragraphs), EPA notified the public of
the receipt of the request on December
8, 2020 via a listserv announcement to
stakeholders.
A. What is OTNE?
OTNE is used as a fragrance
ingredient. The four chemical
substances in this chemical category are
listed on the TSCA Inventory as:
Ethanone, 1-(1,2,3,4,5,6,7,8-octahydro-
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2,3,5,5-tetramethyl-2-naphthalenyl),
ethanone, 1-(1,2,3,4,5,6,7,8-octahydro-
2,3,8,8-tetramethyl-2-naphthalenyl),
ethanone, 1-(1,2,3,4,6,7,8,8a-octahydro-
2,3,8,8-tetramethyl-2-naphthalenyl), and
ethanone, 1-(1,2,3,5,6,7,8,8a-octahydro-
2,3,8,8-tetramethyl-2-naphthalenyl). The
associated Chemical Abstracts Service
Registry Numbers (CASRNs) are 54464–
59–4, 54464–57–2, 68155–67–9, and
68155–66–8, respectively. TSCA section
26(c) provides for EPA to take action on
a category of chemical substances
whenever authorized or required by
TSCA to take action on a chemical
substance. 15 U.S.C. 2625(c). EPA is
treating these four CASRNs (54464–59–
4, 54464–57–2, 68155–67–9, and 68155–
66–8) as a category of chemical
substances for purposes of this
manufacturer-requested risk evaluation.
B. What are the conditions of use?
The manufacturer request for a risk
evaluation of OTNE identifying
conditions of use of interest to the
manufacturer is included in docket
EPA–HQ–OPPT–2020–0738. Subject to
further analysis and public comment,
EPA anticipates including activities
identified in the request as conditions of
use in the risk evaluation of OTNE.
EPA has identified additional
conditions of use pursuant to 40 CFR
702.37(e)(3), which are also included in
docket EPA–HQ–OPPT–2020–0738.
III. Request for Comment
The docket associated with this
request contains the manufacturer
request (excluding information claimed
as CBI), EPA’s possible additional
conditions of use as described 40 CFR
702.37(e)(3), and the basis for these
possible additions. During the comment
period, the public may submit
comments and information relevant to
the requested risk evaluation; in
particular, commenters are encouraged
to identify any information not included
in the request that the commenters
believe would be needed to conduct a
risk evaluation, and to provide any
other information relevant to EPA’s
possible additional conditions of use,
such as information on other conditions
of use of the chemical substances than
those included in the request or in
EPA’s possible additional conditions of
use. 40 CFR 702.37(e)(4). In addition, at
any time prior to the end of the
comment period, the requesting
manufacturer(s) may supplement the
original request with any new
information it receives. 40 CFR
702.37(e)(5).
Authority: 15 U.S.C. 2601 et seq.
Jane Nishida,
Acting Administrator.
[FR Doc. 2021–03383 Filed 2–18–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OW–2019–0372; FRL–10019–29–
OW]
National Pollutant Discharge
Elimination System (NPDES) 2021
Issuance of the Multi-Sector General
Permit for Stormwater Discharges
Associated With Industrial Activity
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Notice of final permit issuance.
SUMMARY
: All 10 of the Environmental
Protection Agency’s (EPA) Regions are
finalizing the 2021 National Pollutant
Discharge Elimination System (NPDES)
general permit for stormwater
discharges associated with industrial
activity, also referred to as the ‘‘2021
Multi-Sector General Permit (MSGP)’’ or
the ‘‘final permit.’’ This final permit
replaces EPA’s administratively
continued 2015 MSGP that expired on
June 3, 2020. EPA is issuing this permit
for five (5) years to provide permit
coverage to eligible operators in all areas
of the country where EPA is the NPDES
permitting authority, including Idaho
(until July 1, 2021), Massachusetts, New
Hampshire, New Mexico, Indian
country lands, Puerto Rico, the District
of Columbia, and most U.S. territories
and protectorates. This Federal Register
document summarizes the final permit.
EPA encourages the public to read the
final permit and accompanying fact
sheet to better understand the final
permit. The final permit and fact sheet
can be found at https://www.epa.gov/
npdes/stormwater-discharges-
industrial-activities.
DATES
: The final permit becomes
effective on March 1, 2021. This
effective date is necessary to provide
dischargers with the immediate
opportunity to comply with Clean Water
Act (CWA) requirements in light of the
expiration of the 2015 MSGP on June 3,
2020. In accordance with 40 CFR part
23, the 2021 MSGP shall be considered
issued for the purpose of judicial review
on March 5, 2021. Under CWA section
509(b), judicial review of this general
permit can be requested by filing a
petition for review in the United States
Court of Appeals within 120 days after
the permit is issued. Under CWA
section 509(b)(2), the requirements in
this permit may not be challenged later
in civil or criminal proceedings to
enforce these requirements. In addition,
this permit may not be challenged in
other agency proceedings. Deadlines for
submittal of a Notice of Intent (NOI) are
provided in Part 1.3 of the 2021 MSGP.
The 2021 MSGP also provides
additional dates for compliance with the
terms of the permit.
FOR FURTHER INFORMATION CONTACT
: For
further information on the final permit,
contact the appropriate EPA Regional
office listed in Section I.F of this
document, or Emily Halter, EPA
Headquarters, Office of Water, Office of
Wastewater Management (4203M), 1200
Pennsylvania Avenue NW, Washington,
DC 20460; telephone number: 202–564–
3324; email address: halter.emily@
epa.gov.
SUPPLEMENTARY INFORMATION
: This
section is organized as follows:
Table of Contents
I. General Information
A. Does this action apply to me?
B. How can I get copies of these documents
and other related information?
C. Who are the EPA regional contacts for
the final permit?
II. Background of the Industrial Stormwater
Program
III. Summary of the 2021 MSGP
A. 2015 MSGP Litigation and National
Academies Study
B. Summary of Significant Final Permit
Changes From the 2015 MSGP
C. Summary of Changes From Proposed
2020 MSGP
IV. Implementation Assistance
V. Paperwork Reduction Act (PRA)
VI. 2021 MSGP Incremental Cost Analysis
and Future Cost-Benefit Considerations
VII. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
VIII. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
IX. Executive Order 13175: Consultation and
Coordination With Indian Tribal
Governments
X. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
I. General Information
A. Does this action apply to me?
The final permit covers stormwater
discharges to waters of the United States
from industrial facilities in the 30
sectors shown below:
Sector A—Timber Products.
Sector B—Paper and Allied Products
Manufacturing.
Sector C—Chemical and Allied Products
Manufacturing.
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