Partial Exemption of Certain Chemical Substances From Reporting Additional Chemical Data, 35096-35098 [2014-14367]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Rules and Regulations]
[Pages 35096-35098]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14367]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 711

[EPA-HQ-OPPT-2012-0221; FRL-9910-84]
RIN 2070-AK01


Partial Exemption of Certain Chemical Substances From Reporting 
Additional Chemical Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is amending the list of chemical substances that are 
partially exempt from reporting additional information under the 
Chemical Data Reporting (CDR) rule. EPA has determined that, based on 
the totality of information on the chemical substances listed in this 
document, the Agency has low current interest in their CDR processing 
and use information. EPA reached this conclusion after considering a 
number of factors, including: The risk of adverse human health or 
environmental effects, information needs for CDR processing and use 
information, and the availability of other sources of comparable 
processing and use information.

DATES: This direct final rule is effective August 18, 2014 without 
further notice, unless EPA receives adverse comment on or before July 
21, 2014. If EPA receives written adverse comments, EPA will withdraw 
the applicable partial exemption in this direct final rule before its 
effective date. See also Unit II. of the SUPPLEMENTARY INFORMATION.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2012-0221, by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at https://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or 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 contact: 
Karen Hoffman, Chemical Control Division (7405M), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(202) 564-8158; email address: hoffman.karen@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. Executive Summary

A. What action is the agency taking?

    This partial exemption eliminates an existing reporting requirement 
under 40 CFR 711.6(b)(2). With this direct final rule, the following 
chemical substances are being exempted from reporting of the 
information described in 40 CFR 711.15(b)(4): 1,3-Propanediol (Chemical 
Abstracts Service Registry Number (CASRN) 504-63-2); oils, palm kernel 
(CASRN 8023-79-8); and bentonite, acid-leached (CASRN 70131-50-9). 
However, by existing terms at 40 CFR 711.6, this partial exemption will 
become inapplicable to a subject chemical substance in the event that 
the chemical substance later becomes the subject of a rule proposed or 
promulgated under TSCA section 4, 5(a)(2), 5(b)(4), or 6, an 
enforceable consent agreement (ECA) developed under the procedures of 
40 CFR part 790, an order issued under TSCA section 5(e) or 5(f), or 
relief that has been granted under a civil action under TSCA section 5 
or 7. EPA is also making non-substantive technical amendments to 40 CFR 
711.6(b)(2) to reflect that while prior information collections may 
have been styled as either ``IUR collections'' or ``CDR collections,'' 
prospective obligations are styled as ``under the CDR.''

B. Why is the agency taking this action?

    This amendment is in response to a petition request (Ref. 1) 
submitted under 40 CFR 711.6(b)(2)(iii)(A). EPA reviewed the 
information put forward in the petition and additional information 
against the considerations listed at 40 CFR 711.6(b)(2)(ii). EPA's 
chemical substance-specific analysis is detailed in supplementary 
documents available in the docket under docket ID number EPA-HQ-OPPT-
2012-0221 (Refs. 2, 3, and 4). The Agency is adding these three 
chemical substances to the partially exempt chemical substances list 
because it has concluded that, based on the totality of information 
available, the CDR processing and use information for these chemical 
substances is of low current interest.

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

    This action is issued under the authority of the Toxic Substances 
Control Act (TSCA), 15 U.S.C. 2600 et seq., to carry out the provisions 
of TCSA section 8(a), 15 U.S.C. 2607(a). Section 8(a) of TSCA 
authorizes EPA to promulgate rules under which manufacturers of 
chemical substances and mixtures must submit such information as the 
Agency may reasonably require. The partial exemption list was 
established in 2003 (Ref. 5) and can be found in 40 CFR 711.6.

D. What are the impacts of this action?

    There are no costs associated with this action and the benefits 
provided are related to avoiding potential costs. This partial 
exemption eliminates an existing reporting requirement without imposing 
any new requirements. See also the discussion in Unit V.

E. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(defined by statute at 15 U.S.C. 2602(7) to include import) the 
chemical substances contained in this direct final rule. The North 
American Industrial Classification System (NAICS) codes provided here 
are not intended to be exhaustive, but rather provide a guide to help 
readers determine whether this document applies to them. Potentially 
affected entities may include chemical manufacturers subject to CDR 
reporting of one or more subject chemical substances (NAICS codes 325 
and 324110), e.g., chemical manufacturing and petroleum refineries.

F. What should I consider as I prepare my comments for EPA?

    Do not submit Confidential Business Information (CBI) 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 as 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

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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.

II. Direct Final Rule Procedures

    EPA is issuing this partial exemption as a direct final rule 
because it views this as a non-controversial action and anticipates no 
adverse comment. This direct final rule allows for comments to be 
submitted on or before July 21, 2014. In any comment submitted, please 
specify whether the comment is adverse and whether it applies to all 
the chemical substances in the direct final rule.
    If EPA receives timely adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that the 
amendments related to the adverse comment will not take effect. At that 
time, EPA may also issue a notice of proposed rulemaking respecting the 
addition of chemical substances to the list of chemical substances that 
are exempt from reporting the information described in 40 CFR 
711.15(b)(4).
    If EPA does not receive any timely adverse comment, this amendment 
will become effective as indicated under DATES without any further 
action by EPA.

III. Petition Process and ``Low Current Interest'' Partial Exemption

    In 2003, EPA established a partial exemption for certain chemical 
substances for which EPA determined the processing and use information 
required in 40 CFR part 711 to be of ``low current interest.'' This 
provision of the rule enables the public to petition EPA to add or 
remove a chemical substance to or from the list of partially exempt 
chemical substances. In determining whether the partial exemption 
should apply to a particular chemical substance, EPA considers the 
totality of information available for the chemical substance in 
question, including but not limited to information associated with one 
or more of the considerations listed at 40 CFR 711.6(b)(2)(ii).
    The addition of a chemical substance under this partial exemption 
will not necessarily be based on its potential risks. The addition is 
based on the Agency's current assessment of the need for collecting CDR 
processing and use information for that chemical substance, based upon 
the totality of information considered during the petition review 
process. Additionally, interest in a chemical substance or a chemical 
substance's processing and use information may increase in the future, 
at which time EPA will reconsider the applicability of a partial 
exemption for a chemical substance.

IV. Rationale for These Partial Exemptions

    EPA is granting a partial exemption for 1,3-propanediol (CASRN 504-
63-2); oils, palm kernel (CASRN 8023-79-8); and bentonite, acid-leached 
(CASRN 70131-50-9) because the Agency has concluded it has low current 
interest in the processing and use information for these chemical 
substances. EPA made these determinations based on our analysis of the 
totality of information on the three chemical substances, including 
information about the chemical substances relevant to the 
considerations defined at 40 CFR 711.6(b)(2)(ii). EPA's chemical 
substance-specific analysis is detailed in supplementary documents 
available in the docket under docket ID number EPA-HQ-OPPT-2012-0221 
(Refs. 2, 3, and 4).

V. Economics Impacts

    EPA has evaluated the economic consequences associated with 
amending the CDR partially exempt chemical substances list. Since this 
direct final rule creates a partial exemption from CDR reporting, 
without creating any new reporting or recordkeeping requirements, this 
action does not impose any new burden. Based on the currently approved 
Information Collection Request (ICR), the burden estimates for 
reporting processing and use information are 83.02 hours per submission 
in the first reporting cycle and 65.63 hours in subsequent reporting 
cycles. Based on 2012 CDR reporting, EPA estimates that 12 submissions 
with manufacture volumes of 25,000 pounds or greater will be received 
for these 3 chemical substances in 2016 and subsequent reporting years. 
Eliminating the requirement to report processing and use information 
for these submissions results in a total burden savings of 
approximately 790 hours and $50,000 in future reporting cycles (Ref. 
6).

VI. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the 
technical person listed under FOR FURTHER INFORMATION CONTACT.

1. Letter from Herbert Estreicher, Esq., Keller and Heckman LLP, to 
EPA, OPPT CDR Submission Coordinator. December 14, 2011.
2. EPA, OPPT. 1,3-Propanediol (CASRN 504-63-2) Partial Exemption 
Analysis. November 2013.
3. EPA, OPPT. Oils, palm kernel (CASRN 8023-79-8) Partial Exemption 
Analysis. November 2013.
4. EPA, OPPT. Bentonite, acid-leached (CASRN 70131-50-9) Partial 
Exemption Analysis. November 2013.
5. EPA. TSCA Inventory Update Rule Amendments; Final rule. Federal 
Register (68 FR 848, January 7, 2003) (FRL-6767-4).
6. EPA, OPPT. Cost Savings Estimate of Adding Three Chemicals to the 
40 CFR 711.6(b)(2) Chemical Substance List. May 7, 2014.

VII. Statutory and Executive Order Reviews

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 as defined by 
Executive Order 12866 (58 FR 51735, October 4, 1993). Accordingly, this 
action was not submitted to the Office of Management and Budget (OMB) 
for review under Executive Orders 12866 and 13563 (76 FR 3821, January 
21, 2011).

B. Paperwork Reduction Act (PRA)

    According to PRA, 44 U.S.C. 3501 et seq., an agency may not conduct 
or sponsor, and a person is not required to respond to a collection of 
information that requires OMB approval under PRA, unless it has been 
approved by OMB and displays a currently valid OMB control number. The 
OMB control numbers for EPA regulations in title 40 of the CFR, after 
appearing in the Federal Register, are listed in 40 CFR part 9, and 
included on the related collection instrument or form, as applicable.
    The information collection requirements related to CDR have already 
been approved by OMB pursuant to PRA under OMB control number 2070-0162 
(EPA ICR No. 1884.06). Since this action creates a partial exemption 
from that reporting, without creating any new reporting or 
recordkeeping requirements, this action does not impose any new burdens 
that require additional OMB approval.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a

[[Page 35098]]

substantial number of small entities under RFA, 5 U.S.C. 601 et seq. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities, because the primary purpose 
of a final regulatory flexibility analysis is to identify and address 
regulatory alternatives that ``minimize the significant economic impact 
on small entities'' 5 U.S.C. 604. Thus, an agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule has no net burden effect on the 
small entities subject to the rule.
    As indicated previously, EPA is eliminating an existing reporting 
requirement for the chemical substances identified in this document. In 
granting a partial exemption from existing reporting, this action will 
not have a significant economic impact on any affected entities, 
regardless of their size.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. In granting a partial exemption from existing 
reporting, this action imposes no new enforceable duty on any State, 
local, or Tribal governments, or on the private sector. In addition, 
based on EPA's experience with chemical data reporting under TSCA, 
State, local, and Tribal governments are not engaged in the activities 
that would require them to report chemical data under 40 CFR part 711.

E. Executive Order 13132: Federalism

    This action would not have a substantial direct effect on 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, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999).

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications because it is not 
expected to have substantial direct effects on Indian Tribes. This 
action does not significantly or uniquely affect the communities of 
Indian Tribal governments, nor involve or impose any requirements that 
affect Indian Tribes. Accordingly, the requirements of Executive Order 
13175 (65 FR 67249, November 9, 2000) do not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because this action does not address environmental 
health or safety risks disproportionately affecting children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because this action is not expected to affect energy 
supply, distribution, or use.

I. National Technology Transfer Advancement Act (NTTAA)

    Since this action does not involve any technical standards, NTTAA 
section 12(d), 15 U.S.C. 272 note, does not apply to this action.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. As such, this action does not entail special 
considerations of environmental justice related issues as delineated by 
Executive Order 12898 (59 FR 7629, February 16, 1994).

VIII. Congressional Review Act (CRA)

    Pursuant to the CRA, 5 U.S.C. 801 et seq., EPA will submit a report 
containing this action and other required information to the U.S. 
Senate, the U.S. House of Representatives, and the Comptroller General 
of the United States prior to publication of the action in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects 40 CFR Part 711

    Environmental protection, Chemicals, Hazardous substances, 
Reporting and recordkeeping requirements.

    Dated: June 13, 2014.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, 40 CFR chapter I is amended as follows:

PART 711--[AMENDED]

0
1. The authority citation for part 711 continues to read as follows:

    Authority: 15 U.S.C. 2607(a).


0
2. In Sec.  711.6:
0
a. Remove ``IUR'' and add in its place ``CDR'' in the introductory text 
of paragraphs (b)(1) and (b)(2)(iv).
0
b. Remove ``Inventory Update'' and add in its place ``TSCA Chemical 
Data'' in the heading for Table 1 in paragraph (b)(1).
0
c. Remove ``IUR'' and add in its place ``IUR or CDR'' in paragraph 
(b)(2)(ii)(A).
0
d. Remove the second sentence in paragraph (b)(2)(iii)(A) and add two 
sentences in its place.
0
e. Add in numerical order by CASRN number the following entries to 
Table 2 in paragraph (b)(2)(iv).
    The amendments read as follows:


Sec.  711.6  Chemical substances for which information is not required.

* * * * *
    (b) * * *
    (2) * * *
    (iii) * * *
    (A) * * * Your request must be in writing and must be submitted to 
the address provided in 40 CFR 700.17(a). Please label your request as 
follows: Attention: TSCA Chemical Data Reporting--Partial Exemption 
Request. * * *
* * * * *
    (iv) * * *

         Table 2--CASRN of Partially Exempt Chemical Substances
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                   CASRN                              Chemical
------------------------------------------------------------------------
 
                                * * * * *
504-63-2..................................  1,3-Propanediol.
 
                                * * * * *
8023-79-8.................................  Oils, palm kernel.
 
                                * * * * *
70131-50-9................................  Bentonite, acid-leached.
 
                                * * * * *
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[FR Doc. 2014-14367 Filed 6-18-14; 8:45 am]
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