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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations

1,1-Dichloroethane 1,3-Butadiene Formaldehyde Dibutyl phthalate DBP
Butyl benzyl phthalate BBP
Di-isobutyl phthalate Dicyclohexyl phthalate 4,4-1-Methylethylidenebis2, 6dibromophenol TBBPA
EPA is also extending the deadline established in the June 29, 2021 final rule from September 27, 2021 to January 25, 2022 for the following chemicals:
Bis2-ethylhexyl tetrabromophthalate Bishexachlorocyclopentadieno cyclooctane 1,2-Bis2,4,6-tribromophenoxyethane 1,1-Ethane-1,2diylbispentabromobenzene 2-Ethylhexyl-2,3,4,5tetrabromobenzoate 2-2-Hydroxyethoxyethyl 2hydroxypropyl 3,4,5,6tetrabromophthalate 2,2-1-Methylethylidenebis2,6dibromo-4,1-phenylene oxymethylenebisoxirane Mixture of chlorinated linear alkanes C1417 with 4552% chlorine N,N-Ethylenebistetrabromophthalimide Pentabromochlorocyclohexane Pentabromophenylmethyl acrylate Pentabromotoluene Perbromo-1,4-diphenoxybenzene Phosphonic acid, 2-chloroethyl-, bis2-chloroethyl ester Phosphoric acid, 2,2bischloromethyl-1,3-propanediyl tetrakis2-chloroethyl ester Propanoic acid, 2-bromo-, methyl ester Tetrabromobisphenol A-bis2,3dibromopropyl ether Tetrabromobisphenol A-bis2hydroxyethyl ether Tetrabromobisphenol A diallyl ether Tetrabromobisphenol A dimethyl ether 2,4,6-Tribromoaniline 1,3,5-Tribromo-2-prop-2-en-1yloxybenzene Tris2-chloroethylphosphite Tris1-chloro-2-propylphosphate Tris2-chloro-1-propylphosphate Tris2,3-dibromopropylphosphate 1,3,5-Tris2,3-dibromopropyl-1,3,5triazine-2,4,61H,3H,5H-trione Tris1,3-dichloro-2-propylphosphate Tristribromoneopentylphosphate 2,4,6-Tris-2,4,6-tribromophenoxy1,3,5-triazine C. Why is the Agency taking this action?
The Agency is taking this action to provide additional time for the regulated community to familiarize themselves with new TSCA Health and
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Safety Data Reporting requirements.
EPA has not added chemicals to the TSCA section 8d rule in a manner that would affect a large group of stakeholders since 2006, for the orphan High Production Volume chemicals.
With respect to the timing of this action, the need for the Agency to extend the deadline arose, in part, as a result of receiving a sizable number of requests to extend the reporting deadline.
Additionally, the Agency recognizes that complications exist for certain entities subject to this rule resulting from the COVID19 pandemic, which can present challenges to accessing records that may only be available in hard copy formats e.g., microfiche.
EPA therefore believes it is appropriate to extend the reporting period to allow the regulated community additional time for data reporting. EPA is making available a historic question and answer document about reporting under TSCA 8d and additional content on its web page for the rulemaking available at https
www.epa.gov/chemicals-under-tsca/
health-and-safety-data-reportingaddition-20-high-priority-substancesand-30, providing reporting entities additional time to review these materials and prepare any necessary submissions to improve reporting quality for this rule.
EPAs timeline for risk evaluations under TSCA section 6 necessitates that data received via the TSCA section 8d action be received in time for use in risk evaluations for chemical substances that have been designated as high-priority substances. Thus, EPA is limiting the deadline extension to December 1, 2021
for these chemical substances. Receiving TSCA section 8d submissions on these high-priority substances by December 1, 2021 will ensure that such information will be received in time for use in risk evaluations on these chemical substances. For the remaining organohalogen flame retardants subject to the rule, EPA is extending the deadline to January 25, 2022.
D. What is the Agencys authority for taking this action?
EPA promulgated the Health and Safety Data Reporting rule under TSCA
section 8d 15 U.S.C. 2607d, and it is codified at 40 CFR part 716. EPA is using this TSCA section 8d rule in accordance with 40 CFR 716.105 to gather information on chemical substances. Under section 553bB of the Administrative Procedure Act APA, 5 U.S.C. 553bB, an agency may issue a final rule without providing notice and an opportunity for public comment if it for good cause finds that
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notice and public procedures are impracticable, unnecessary, or contrary to the public interest. In this instance, the Agency finds that notice and public comment procedures are unnecessary because this is merely an extension of the reporting period that does not alter the substantive TSCA section 8d reporting requirements in any way and are impracticable because there is insufficient time for notice and comment on an extension to the deadline prior to the reporting deadline, and EPA only became aware of the need for the extension upon receiving numerous requests recently. The Agency believes the extension will not result in a significant delay in the processing and availability of information to EPA for TSCA section 6
risk evaluations or to Consumer Product Safety Commissions CPSC evaluation for risks under the Federal Hazardous Substances Act FHSA. Receiving TSCA section 8d submissions pursuant to these deadlines i.e., December 1, 2021 for the high-priority substances and January 25, 2022 for the Organohalogen Flame Retardants will ensure that such information will be received in time for use in these respective activities i.e., evaluations pursuant to TSCA and FHSA. Further, any impact on the regulated community is expected to be beneficial to the public interest given that the extension provides additional time to submit complete and accurate unpublished health and safety studies to EPA.
This final rule is effective immediately upon publication. Section 553d1 of the Administrative Procedure Act, 5 U.S.C. 553d1, provides that final rules shall not become effective until 30 days after publication in the Federal Register except . . . a substantive rule which grants or recognizes an exemption or relieves a restriction. The purpose of this provision is to give affected parties a reasonable time to adjust their behavior before the final rule takes effect. Omnipoint Corp. v. Fed.
Commcn Commn, 78 F.3d 620, 630
D.C. Cir. 1996; see also United States v. Gavrilovic, 551 F.2d 1099, 1104 8th Cir. 1977 quoting legislative history.
However, when the agency grants or recognizes an exemption or relieves a restriction, affected parties do not need a reasonable time to adjust because the effect is not adverse. EPA has determined that this rule relieves a restriction because it provides manufacturers including importers additional time to comply with the Health and Safety Data Reporting rule.

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