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61708 Federal Register/Vol. 86, No. 213/Monday, November 8, 2021/Rules and Regulations
TABLE 1—REGULATIONS APPROVED STATEWIDE—Continued
[Not applicable in Indian reservations (excluding non-trust land within the exterior boundaries of the Puyallup Indian Reservation) and any other
area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction]
State
State citation Title/subject effective EPA approval date Explanations
date
173–423–120 ......... Recalls ..................................................... 12/29/12 11/8/21, [INSERT FEDERAL REGISTER
CITATION].
173–423–130 ......... Surveillance .............................................. 12/31/05 11/8/21, [INSERT FEDERAL REGISTER
CITATION].
173–423–140 ......... Enforcement ............................................. 12/31/05 11/8/21, [INSERT FEDERAL REGISTER
CITATION].
173–423–150 ......... Severability ............................................... 12/31/05 11/8/21, [INSERT FEDERAL REGISTER
CITATION].
*******
* * * * * the telephone number for the OPPT • Asphalt shingle and coating
[FR Doc. 2021–24158 Filed 11–5–21; 8:45 am] Docket is (202) 566–0280. materials manufacturing (NAICS code
BILLING CODE 6560–50–P Due to the public health concerns 324122).
related to COVID–19, the EPA Docket • Synthetic dye and pigment
Center (EPA/DC) and Reading Room is manufacturing (NAICS code 325130).
ENVIRONMENTAL PROTECTION closed to visitors with limited • Other basic inorganic chemical
AGENCY exceptions. The staff continues to manufacturing (NAICS code 325180).
40 CFR Part 713 provide remote customer service via • All other basic organic chemical
email, phone, and webform. For the manufacturing (NAICS code 325199).
[EPA–HQ–OPPT–2017–0421; FRL–8523–02– latest status information on EPA/DC • Plastics material and resin
OCSPP] services and docket access, visit https:// manufacturing (NAICS code 325211).
www.epa.gov/dockets. • Pesticide and other agricultural
RIN 2070–AK93 FORFURTHERINFORMATIONCONTACT: chemical manufacturing (NAICS code
Response to Vacatur of Certain 325320).
For technical information contact: • Medicinal and botanical
Provisions of the Mercury Inventory Thomas Groeneveld, Existing Chemicals manufacturing (NAICS code 325411).
Reporting Rule Resource Management Division, Office • Pharmaceutical preparation
AGENCY: Environmental Protection of Pollution Prevention and Toxics, manufacturing (NAICS code 325412).
Agency (EPA). Environmental Protection Agency, 1200 • Biological product (except
ACTION: Final rule. Pennsylvania Ave. NW, Washington, DC diagnostic) manufacturing (NAICS code
20460–0001; telephone number: (202) 325414).
SUMMARY: The Environmental Protection 566–1188; email address: • Paint and coating manufacturing
Agency (EPA) is revising regulations groeneveld.thomas@epa.gov. (NAICS code 325510).
associated with persons who must For general information contact: The • Adhesive manufacturing (NAICS
report data to the Agency’s mercury TSCA-Hotline, ABVI-Goodwill, 422 code 325520).
inventory established under the Toxic South Clinton Ave., Rochester, NY • Custom compounding of purchased
Substances Control Act (TSCA). Those 14620; telephone number: (202) 554– resins (NAICS code 325991).
reporting requirements were set forth in 1404; email address: TSCA-Hotline@ • Photographic film, paper, plate, and
a final rule entitled ‘‘Reporting epa.gov. chemical manufacturing (NAICS code
Requirements for TSCA Mercury SUPPLEMENTARYINFORMATION: 325992).
Inventory: Mercury’’ (hereafter • All other miscellaneous chemical
‘‘mercury inventory reporting rule’’). I. Executive Summary product and preparation manufacturing
These revisions implement an order A. Does this action apply to me? (NAICS code 325998).
issued by the United States Court of • Unlaminated plastics film and sheet
Appeals for the Second Circuit (Second You may be potentially affected by (except packaging) manufacturing
Circuit), on June 5, 2020. this action if you import mercury-added (NAICS code 326113).
DATES: This final rule is effective on products. The following list of North • Unlaminated plastics profile shape
December 8, 2021. American Industrial Classification manufacturing (NAICS code 326121).
System (NAICS) codes is not intended • Urethane and other foam product
ADDRESSES: The docket for this action, to be exhaustive, but rather provides a (except polystyrene) manufacturing
identified by docket identification (ID) guide to help readers determine whether (NAICS code 326150).
number EPA–HQ–OPPT–2017–0421, is this document applies to them. • All other plastics product
available at https://www.regulations.gov Potentially affected entities may include manufacturing (NAICS code 326199).
or at the Office of Pollution Prevention the following: • Tire manufacturing (NAICS code
and Toxics Docket (OPPT Docket), • Gold ore mining (NAICS code 326211).
Environmental Protection Agency 212221). • All other rubber product
Docket Center (EPA/DC), West William • Lead ore and zinc ore mining manufacturing (NAICS code 326299).
Jefferson Clinton Bldg., Rm. 3334, 1301 • Iron and steel mills and ferroalloy
Constitution Ave. NW, Washington, DC. (NAICS code 212231). manufacturing (NAICS code 331110).
The telephone number for the Public • All other metal ore mining (NAICS • Rolled steel shape manufacturing
Reading Room is (202) 566–1744, and code 212299). (NAICS code 331221).
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Federal Register/Vol. 86, No. 213/Monday, November 8, 2021/Rules and Regulations 61709
• Alumina refining and primary • Instrument manufacturing for • Research and development in the
aluminum production (NAICS code measuring and testing electricity and physical, engineering, and life sciences
331313). electrical signals (NAICS code 334515). (except biotechnology) (NAICS code
• Secondary smelting and alloying of • Analytical laboratory instrument 541712).
aluminum (NAICS code 331314). manufacturing (NAICS code 334516). • Hazardous waste treatment and
• Nonferrous metal (except • Watch, clock, and part disposal (NAICS code 562211).
aluminum) smelting and refining manufacturing (NAICS code 334518). • Other nonhazardous waste
(NAICS code 331410). • Other measuring and controlling treatment and disposal (NAICS code
• Secondary smelting, refining, and device manufacturing (NAICS code 562219).
alloying of nonferrous metal (except 334519). • Materials recovery facilities (NAICS
copper and aluminum) (NAICS code • Electric lamp bulb and part code 562920).
331492). manufacturing (NAICS code 335110). • National security (NAICS code
• Iron foundries (NAICS code • Commercial, industrial, and 928110).
331511). institutional electric lighting fixture B. What action is the Agency taking?
• Steel foundries (except investment) manufacturing (NAICS code 335122). In June 2018, EPA finalized a rule to
(NAICS code 331513). • Other lighting equipment require reporting from persons who
• Fabricated structural metal manufacturing (NAICS code 335129). manufacture (including import) mercury
manufacturing (NAICS code 332312). • Electric house wares and household or mercury-added products, or
• Industrial valve manufacturing fan manufacturing (NAICS code otherwise intentionally use mercury in
(NAICS code 332911). 335211). a manufacturing process (Ref. 1). That
• Ammunition except small arms • Household vacuum cleaner
manufacturing (NAICS code 332993). manufacturing (NAICS code 335212). rule was challenged in the Second
• Small arms, ordnance, and • Household cooking appliance Circuit by the Natural Resources
ordnance accessories manufacturing manufacturing (NAICS code 335221). Defense Council and several state
(NAICS code 332994). • Household refrigerator and home attorneys general in July 2018. Oral
• All other miscellaneous fabricated freezer manufacturing (NAICS code arguments were held on November 20,
metal product manufacturing (NAICS 335222). 2019, and the court issued its decision
code 332999). • Household laundry equipment on June 5, 2020. The petitioners argued
• Food product machinery manufacturing (NAICS code 335224). that three exemptions to the reporting
• Other major household appliance requirements violated the statutory
manufacturing (NAICS code 333294). manufacturing (NAICS code 335228). mandate within TSCA section 8(b)(10).
• Office machinery manufacturing • Switchgear and switchboard The Agency argued that the three
(NAICS code 333313). apparatus manufacturing (NAICS code exemptions were lawful because EPA
• Other commercial and service 335313). determined certain reporting to be
industry machinery manufacturing • Relay and industrial control duplicative or burdensome per existing
(NAICS code 333319). manufacturing (NAICS code 335314). EPA or other mercury-related reporting
• Heating equipment (except warm • Primary battery manufacturing requirements. Duplicative or overly
air furnaces) manufacturing (NAICS (NAICS code 335912). burdensome reporting requirements are
code 333414). • Current-carrying wiring device prohibited under TSCA section 8(a)(5).
• Air-conditioning and warm air manufacturing (NAICS code 335931). The Agency prevailed on two issues, but
heating equipment and commercial and • All other miscellaneous electrical the Second Circuit vacated the
industrial refrigeration equipment equipment and component exemption at 40 CFR 713.7(b)(2) for
manufacturing (NAICS code 333415). manufacturing (NAICS code 335999). persons who import pre-assembled
• Pump and pumping equipment • Automobile manufacturing (NAICS products that contain a mercury-added
manufacturing (NAICS code 333911). code 336111). component (Ref. 2). As a result, such
• Bare printed circuit board • Light truck and utility vehicle persons are now required to report
manufacturing (NAICS code 334412). manufacturing (NAICS code 336112). pursuant to 40 CFR 713.7(b). This rule
• Semiconductor and related device • Heavy duty truck manufacturing is effectuating the vacatur ordered by
manufacturing (NAICS code 334413). (NAICS code 336120). the Second Circuit by making necessary
• Other electronic component • Motor home manufacturing (NAICS amendments to the corresponding text
manufacturing (NAICS code 334419). code 336213). in 40 CFR 713.7(b).
• Electromedical and • Travel trailer and camper
electrotherapeutic apparatus manufacturing (NAICS code 336214). C. What is the Agency’s authority for
manufacturing (NAICS code 334510). • Other aircraft parts and auxiliary taking this action?
Search, detection, navigation, guidance, equipment manufacturing (NAICS code EPA is issuing this final rule pursuant
aeronautical, and nautical system and 336413). to TSCA section 8(b)(10)(D) (15 U.S.C.
instrument manufacturing (NAICS code • Boat building (NAICS code 336612). 2607(b)(10)(D)), which authorizes EPA
334511). • Motorcycles and parts to require reporting in order to assist in
• Automatic environmental control manufacturing (NAICS code 336991). preparing the inventory of mercury
manufacturing for residential, • Surgical and medical instrument supply, use and trade in the United
commercial, and appliance use (NAICS manufacturing (NAICS code 339112). States. In addition, section 553 of the
• Costume jewelry and novelty Administrative Procedure Act (APA), 5
code 334512). manufacturing (NAICS code 339914).
• Instruments and related products • Game, toy, and children’s vehicle U.S.C. 553(b)(3)(B), provides that, when
manufacturing for measuring, manufacturing (NAICS code 339932). an agency for good cause finds that
displaying, and controlling industrial • Sign manufacturing (NAICS code notice and public procedures are
process variables (NAICS code 334513). 339950). impracticable, unnecessary, or contrary
• Totalizing fluid meter and counting • Other chemical and allied products to the public interest, the agency may
device manufacturing (NAICS code merchant wholesalers (NAICS code issue a rule without providing notice
334514). 424690). and an opportunity for public comment.
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61710 Federal Register/Vol. 86, No. 213/Monday, November 8, 2021/Rules and Regulations
EPA has determined that there is good Inventory (TRI). More details on the • Small Entity Impacts: The final rule
cause for revising these provisions methodology used can be found in the will impact 203 companies that meet
without prior proposal and opportunity Agency’s economic analysis (Ref. 3). the U.S. Small Business Administration
for comment, because these revisions The chief benefit of the final rule is (SBA) definitions for their respective
simply undertake the ministerial task of the collection of detailed data on NAICS classifications. Among the total
implementing the court order vacating mercury, which will serve as a basis to 657 sites regulated under the rule, EPA
an exemption at 40 CFR 713.7(b)(2) and recommend actions to further reduce found that the costs of the rule exceed
making the necessary amendments to mercury use in the United States, as 3 percent of the value of sales for 2
corresponding text in 40 CFR 713.7(b). required at TSCA section 8(b)(10)(C). small businesses, and an additional 3
As a matter of law, the order issued by Another benefit is the use of small businesses may incur costs at
the Second Circuit on June 5, 2020 information collected under the final between 1 and 3 percent of the value of
vacated the reporting exemption for rule to help the United States sales. EPA is unable to determine
persons who manufacture (including implement its obligations under the whether these 5 small businesses
import) a mercury-added product where Minamata Convention, a multilateral actually import products that contain a
that person is ‘‘engaged only in the environmental agreement that addresses component that is a mercury-added
import of a product that contains a specific human activities that are product.
component that is a mercury-added contributing to widespread mercury • Environmental Justice and
product.’’ It is, therefore, unnecessary to pollution. While there are no quantified Protection of Children: The Agency
provide notice and an opportunity for benefits for the final rule, the statutory believes that the information collected
comment on this action, which merely mandates at TSCA sections 8(b)(10)(C) under this rule, if finalized, will assist
carries out the court’s order. and (D) (15 U.S.C. 2607(b)(10)(C) and EPA and others in determining the
D. Which regulations is EPA removing (D)), specifically call for and authorizes potential hazards and risks associated
and replacing? a rule to support an inventory of with elemental mercury and mercury
mercury supply, use, and trade in the compounds. Although not directly
EPA is effectuating the Second Circuit United States, to identify any impacting environmental justice-related
vacatur of the exemption for persons manufacturing processes or products concerns, this information will enable
who manufacture (including import) a that intentionally add mercury, and to the Agency to better protect human
mercury-added product where that recommend actions to achieve further health and the environment, including
person is ‘‘engaged only in the import reductions in mercury use. As described in low-income and minority
of a product that contains a component in the Agency’s economic analysis, communities. The rule is directed at all
that is a mercury-added product.’’ unquantified benefits include providing mercury-added products that are
Therefore, the current text at 40 CFR increased information on mercury and manufactured or imported into the
713.7(b)(2) will be removed and assisting in the reduction of mercury United States. All consumers of these
replaced (with appropriate textual and use (Ref. 3). To the extent that the chemicals and the products made from
numbering updates) with the text information gathered through this rule them and all workers who come into
currently found at 40 CFR 713.7(b)(3). is used to reduce mercury use, benefits contact with these chemicals could
E. What are the estimated burdens to society will result from a reduction in benefit if data regarding the chemicals’
associated with the removed and exposure. health and environmental effects were
replaced regulations? • Benefits: The final rule will provide developed. Therefore, it does not appear
EPA has prepared an economic information on mercury and mercury- that the costs and the benefits of the rule
analysis of the potential impacts added products to which the Agency will be disproportionately distributed
associated with this rulemaking (Ref. 3). (and the public) does not currently have across different geographic regions or
This economic analysis estimates and access. To the extent that the among different categories of
evaluates the total costs and benefits for information gathered through this final individuals.
additional reporters to the mercury rule is used to reduce mercury use, • Effects on State, Local, and Tribal
inventory reporting rule due to this benefits to society will result from a Governments: Government entities are
rulemaking (i.e., those that import reduction in risk. not expected to be subject to the rule’s
• Costs: Total reporter (industry) requirements, which apply to entities
products that contain a component that costs the first year were estimated in that manufacture (including import)
is a mercury-added product). EPA is 2020$ at $5.1 million, and $3.6 million mercury or mercury-added products, or
considering an estimate of 756 as the in subsequent reporting years. otherwise intentionally use mercury in
number of sites potentially subject to Annualized over 10 years, the reporter a manufacturing process. The final rule
the amended rule, which, under the costs are $1.5 million at both 3% and does not have a significant
revised requirements, is now applicable 7% discount rates. Agency costs are intergovernmental mandate, significant
to imports of products that contain a $729 per report per year, for an or unique effect on small governments,
component that is a mercury-added annualized cost of $177,000 and or have Federalism implications.
product. EPA estimates that as many as $181,000 at 3% and 7% discount rates, II. References
657 sites will submit reports due to the respectively. Therefore, the total
revised requirements. This is the annualized costs are expected to be The following is a listing of the
incremental difference between the approximately $1.7 million at both 3% documents that are specifically
number of actual reporters to the and 7% discount rates. The total burden referenced in this document. The docket
mercury inventory reporting rule during of the rule is expected to be includes these documents and other
the 2019 submission period, and the approximately 212,000 hours over the information considered by EPA,
expected number of total reporters 10-year analysis period. These estimates including documents that are referenced
based on the number of entities that include compliance determination, rule within the documents that are included
report to the Interstate Mercury familiarization, CBI substantiation, in the docket, even if the referenced
Education & Reduction Clearinghouse electronic reporting, and recordkeeping, document is not physically located in
(IMERC) or to EPA’s Chemical Data in addition to completing reporting the docket. For assistance in locating
Reporting (CDR) or Toxics Release requirements. these other documents, please consult
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Federal Register/Vol. 86, No. 213/Monday, November 8, 2021/Rules and Regulations 61711
the technical person listed under FOR products that intentionally add mercury C. Regulatory Flexibility Act (RFA)
FURTHER INFORMATION CONTACT. and recommend actions, including This action is not subject to the RFA,
1. EPA. ‘‘Reporting Requirements for TSCA proposed revisions of Federal law or 5 U.S.C. 601 et seq. The RFA applies
Mercury Inventory: Mercury;’’ Final regulations, to achieve further only to rules subject to notice and
Rule. Federal Register (83 FR 30054, reductions in mercury use. EPA intends comment rulemaking requirements
June 27, 2018) (FRL–9979–74). to use information collected under the under the APA, 5 U.S.C. 553, or any
2. United States Court of Appeals for the rule to assist in efforts to reduce the use
Second Circuit. Natural Resources of mercury in products and processes other statute. This rule is not subject to
Defense Council, Inc. and State of and to facilitate reporting on notice and comment requirements
Vermont v. United States Environmental implementation of the Minamata because the Agency has invoked the
Protection Agency, 961 F.3d 160 (2d. Cir. Convention by the United States. APA ‘‘good cause’’ exemption under 5
2020). Respondents may claim some of the U.S.C. 553(b).
3. EPA. ‘‘Economic Analysis for the Final information reported to EPA under the
Rule on Revisions to the Reporting final rule as CBI under TSCA section 14. D. Unfunded Mandates Reform Act
Requirements for the TSCA Mercury (UMRA)
Inventory.’’ TSCA section 14(c) requires a
III. Statutory and Executive Order supporting statement and certification This action does not contain an
Reviews for confidentiality claims asserted after unfunded mandate of $100 million or
June 22, 2016. more as described in UMRA, 2 U.S.C.
Additional information about these Respondents/affected entities: 1531 through 1538, and does not
statutes and Executive Orders can be Manufacturers, importers, and significantly or uniquely affect small
found at https://www2.epa.gov/laws- processors of mercury and mercury- governments. As such, the requirements
regulations/laws-and-executive-orders. added products. of sections 202, 203, 204, or 205 of
A. Executive Order 12866: Regulatory Respondent’s obligation to respond: UMRA do not apply to this action.
Planning and Review and Executive Mandatory (15 U.S.C. 2607(b)(10)(D)).
Order 13563: Improving Regulation and Estimated number of respondents: E. Executive Order 13132: Federalism
Regulatory Review 756.
Frequency of response: Triennially. This action does not have federalism
This action is not a significant Total estimated annual burden: implications, as specified in Executive
regulatory action and was therefore not 17,348 hours (averaged over 3 years). Order 13132 (64 FR 43255, August 10,
submitted to the Office of Management Burden is defined at 5 CFR 1320.3(b). 1999). It will not have substantial direct
and Budget (OMB) for review under Total estimated annual cost: effects on the states, on the relationship
Executive Orders 12866 (58 FR 51735, $1,384,999 (averaged over 3 years), between the National Government and
October 4, 1993) and 13563 (76 FR 3821, includes $0 annualized capital or the states, or on the distribution of
January 21, 2011). operation and maintenance costs. power and responsibilities among the
B. Paperwork Reduction Act (PRA) Change in burden estimates: Based on various levels of government.
the numbers of reporters of mercury
The revised information collection data to the IMERC Mercury-added F. Executive Order 13175: Consultation
activities in this rule have been Products Database, as well as EPA’s TRI and Coordination With Indian Tribal
submitted for approval to OMB under program and CDR rule, there will be a Governments
the PRA, 44 U.S.C. 3501 et seq., as part change in manufacturers (including This action does not have tribal
of a request to renew the existing importers) or processors that could implications as specified in Executive
approval under OMB Control No. 2070– respond to this information collection. Order 13175 (65 FR 67249, November 9,
0207. The renewal Information The annual public burden for this 2000). It will not have any effect on
Collection Request (ICR) document that collection of information is estimated tribal governments, on the relationship
EPA prepared has been assigned EPA about 23 hours per respondent. This between the Federal government and
ICR No. 2567.04. You can find a copy request represents a decrease of 9 hours the Indian tribes, or on the distribution
of the ICR in the docket for this rule, per respondent from that currently in of power and responsibilities between
and it is briefly summarized here. The the OMB inventory, or a total decrease the Federal government and Indian
revised information collection of 20,522 hours (from 72,567 to 52,045 tribes, as specified in the Order. Thus,
requirements are not enforceable until hours). This change reflects a decrease Executive Order 13175 does not apply
OMB approves them. in rule familiarization burden, a to this action.
The ICR renewal request explains the decrease in form completion burden due
necessary adjustments related to the to mercury export prohibitions, and G. Executive Order 13045: Protection of
Second Circuit vacatur. Applying the changes in the number of estimated Children From Environmental Health
reporting requirements identified in the respondents. Risks and Safety Risks
2018 final rule to persons who An agency may not conduct or
manufacture (including import) a sponsor, and a person is not required to EPA interprets Executive Order 13045
mercury-added product will provide respond to, a collection of information (62 FR 19885, April 23, 1997) as
EPA with more complete information unless it displays a currently valid OMB applying only to those regulatory
necessary to prepare and periodically control number. The OMB control actions that concern environmental
update an inventory of mercury supply, numbers for the EPA regulations in 40 health or safety risks that EPA has
use, and trade in the United States, as CFR are listed in 40 CFR part 9. When reason to believe may
required by TSCA section 8(b)(10)(D). OMB approves the renewal ICR, the disproportionately affect children, per
These reporting requirements will help Agency will announce that approval in the definition of ‘‘covered regulatory
the Agency to prepare subsequent, the Federal Register and publish a action’’ in section 2–202 of the
triennial publications of the inventory, technical amendment to 40 CFR part 9 Executive Order. This action is not
as well as to carry out the requirement to display the OMB control number for subject to Executive Order 13045
of TSCA section 8(b)(10)(C) to identify the approved information collection because it does not concern an
any manufacturing processes or activities contained in this final rule. environmental health risk or safety risk.
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