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Federal Register / Vol. 86, No. 105 / Thursday, June 3, 2021 / Rules and Regulations
Under FY2020 NDAA section 7321e, EPA must review CBI claims before adding any PFAS to the list whose identity is subject to a claim of protection from disclosure under 5
U.S.C. 552a. Under the FY2020 NDAA
EPA must:
Review a claim of protection from disclosure; and Require that person to reassert and substantiate or resubstantiate that claim in accordance with TSCA section 14f 15 U.S.C. 2613f.
In addition, if EPA determines that the chemical identity of a PFAS or class of PFAS qualifies for protection from disclosure, EPA must include the PFAS
or class of PFAS on the TRI in a manner that does not disclose the protected information.
Updates regarding this process will be provided via the Addition of Certain PFAS to the TRI by the National Defense Authorization Act web page at https
www.epa.gov/toxics-release-inventorytri-program/addition-certain-pfas-trinational-defense-authorization-act.
As established by the FY2020 NDAA, the addition of these PFAS is effective January 1 of the calendar year following any of the dates identified in FY2020
NDAA section 7321c1A.
Accordingly, these three non-CBI PFAS
are reportable for the 2021 reporting year i.e., reports due July 1, 2022. EPA
is issuing this final rule to amend the EPCRA section 313 list of reportable chemicals in 40 CFR 372.65 to include the three non-CBI PFAS identified pursuant to the FY2020 NDAA.

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III. Good Cause Exception Section 553bB of the Administrative Procedure Act APA, 5
U.S.C. 553bB, 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 final without prior proposal and opportunity for comment because such notice and opportunity for comment is unnecessary. This action is being taken to comply with a mandate in an Act of Congress, where Congress identified actions that automatically add these chemicals to the TRI. Thus, EPA has no discretion as to the outcome of this rule, which merely aligns the regulations with the self-effectuating changes provided by the FY2020 NDAA.

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IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at http www2.epa.gov/lawsregulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget OMB for review under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011.
B. Paperwork Reduction Act PRA
This action does not contain any new information collection activities that require additional approval by OMB
under the PRA, 44 U.S.C. 3501 et seq.
As discussed further in this unit, OMB
has previously approved the information collection activities contained in the existing regulations and has assigned OMB control number 20700212 and 20500078.
Currently, the facilities subject to the reporting requirements under EPCRA
section 313 and PPA section 6607 may use either EPA Toxic Chemicals Release Inventory Form R EPA Form 1B9350
1, or EPA Toxic Chemicals Release Inventory Form A EPA Form 1B9350
2. The Form R must be completed if a facility manufactures, processes, or otherwise uses any listed chemical above threshold quantities and meets certain other criteria. For the Form A, EPA established an alternative threshold for facilities with low annual reportable amounts of a listed toxic chemical. A
facility that meets the appropriate reporting thresholds, but estimates that the total annual reportable amount of the chemical does not exceed 500
pounds per year, can take advantage of an alternative manufacture, process, or otherwise use threshold of 1 million pounds per year of the chemical, provided that certain conditions are met, and submit the Form A instead of the Form R. In addition, respondents may designate the specific chemical identity of a substance as a trade secret pursuant to EPCRA section 322 42
U.S.C. 11042 and 40 CFR part 350.
OMB has approved the reporting and recordkeeping requirements related to Forms A and R, supplier notification, and petitions under OMB Control number 20700212 EPA Information Collection Request ICR No. 2613 and those related to trade secret designations
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under OMB Control 20500078 EPA
ICR No. 1428.
As provided in 5 CFR 1320.5b and 1320.6a, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB
control number. The OMB control numbers relevant to EPAs regulations in 40 CFR are listed in 40 CFR part 9
and displayed on the information collection instruments e.g., forms, instructions.
C. Regulatory Flexibility Act RFA
This rule is not subject to the RFA, 5
U.S.C. 601 et seq., which generally requires an agency to prepare a regulatory flexibility analysis for any rule that is estimated to have a significant economic impact on a substantial number of small entities.
This rule is not subject to notice and comment requirements under the APA
or any other statute because although the rule is subject to the APA, the Agency has invoked the good cause exemption under 5 U.S.C. 553b see Unit III..
D. Unfunded Mandates Reform Act UMRA
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 15311538, and does not significantly or uniquely affect small governments. The action will impose no enforceable duty on any state, local or tribal governments or the private sector.
E. Executive Order 13132: Federalism This action does not have federalism implications, as specified in Executive Order 13132 64 FR 43255, August 10, 1999. It will not have substantial direct effects on the states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175 65 FR 67249, November 9, 2000. This rule will not impose substantial direct compliance costs on Indian Tribal Governments. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045
62 FR 19885, April 23, 1997, as applying only to those regulatory
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