TSCA Section 8(a) Partial Exemption in Chemical Data Reporting; TSCA Section 21 Petition; Reasons for Agency Response, 4486-4487 [2015-01278]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Proposed Rules]
[Pages 4486-4487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01278]



Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / 
Proposed Rules

[[Page 4486]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 711

[EPA-HQ-OPPT-2014-0826; FRL-9921-57]


TSCA Section 8(a) Partial Exemption in Chemical Data Reporting; 
TSCA Section 21 Petition; Reasons for Agency Response

AGENCY: Environmental Protection Agency (EPA).

ACTION: Petition; reasons for Agency response.

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SUMMARY: This document announces the availability of EPA's response to 
a petition received under the Toxic Substances Control Act (TSCA). The 
TSCA section 21 petition was received from the Biobased and Renewable 
Products Advocacy Group on October 21, 2014. The petitioner requested 
EPA initiate a rulemaking to amend the TSCA section 8 Chemical Data 
Reporting (CDR) partially exempted chemical list as cited in Unit 
III.B. of this document. After careful consideration, EPA denied the 
TSCA section 21 petition for the reasons discussed in this document.

DATES: EPA's response to this TSCA section 21 petition was signed 
January 16, 2015.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Niva Kramek, Chemical Control 
Division (7405M), Office of Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460-0001; telephone number: (202) 564-2897; email 
address: kramek.niva@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 action apply to me?

    This action is directed to the public in general. This action may, 
however, be of interest to those persons who manufacture (defined by 
statute at 15 U.S.C. 2602(7) to include import) the fatty acids of 
vegetable oil methyl esters. Since other entities may also be 
interested, the Agency has not attempted to describe all the specific 
entities that may be affected by this action.

B. How can I access information about this petition?

    The docket for this TSCA section 21 petition, identified by docket 
identification (ID) number EPA-HQ-OPPT-2014-0826, is available at 
https://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW., Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information 
about the docket available at https://www.epa.gov/dockets.

II. TSCA Section 21

A. What is a TSCA Section 21 petition?

    Under TSCA section 21 (15 U.S.C. 2620), any person can petition EPA 
to initiate a rulemaking proceeding for the issuance, amendment, or 
repeal of a rule under TSCA section 4, 6, or 8 or an order under TSCA 
section 5(e) or 6(b)(2). A TSCA section 21 petition must set forth the 
facts that are claimed to establish the necessity for the action 
requested. EPA is required to grant or deny the petition within 90 days 
of its filing. If EPA grants the petition, the Agency must promptly 
commence an appropriate proceeding. If EPA denies the petition, the 
Agency must publish its reasons for the denial in the Federal Register. 
A petitioner may commence a civil action in a U.S. district court to 
compel initiation of the requested rulemaking proceeding within 60 days 
of either a denial or the expiration of the 90-day period.

B. What criteria apply to a decision on a TSCA Section 21 petition?

    Section 21(b)(1) of TSCA requires that the petition ``set forth the 
facts which it is claimed establish that it is necessary'' to issue the 
rule or order requested. 15 U.S.C. 2620(b)(1). Thus, TSCA section 21 
implicitly incorporates the statutory standards that apply to the 
requested actions. In addition, TSCA section 21 establishes standards a 
court must use to decide whether to order EPA to initiate rulemaking in 
the event of a lawsuit filed by the petitioner after denial of a TSCA 
section 21 petition. 15 U.S.C. 2620(b)(4)(B). Accordingly, EPA has 
relied on the standards in TSCA section 21 and in the provisions under 
which actions have been requested to evaluate this TSCA section 21 
petition.

III. Summary of the TSCA Section 21 Petition

A. What action was requested?

    On October 21, 2014, the Biobased and Renewable Products Advocacy 
Group petitioned EPA to initiate a rulemaking to add six chemical 
substances to the list of ``[p]etroleum process streams'' at 40 CFR 
711.6(b)(1) (Ref. 1). This list affords a partial exemption from 
reporting under CDR. The partial exemption provides that processing and 
use information (defined in 40 CFR 711.15(b)(4)) generally would not 
need to be reported for such chemical substances under CDR. 40 CFR 
711.6. Specifically, the petition asks EPA to add ```biodiesel' as a 
chemical category for partial exemption with the following chemicals 
and associated Chemical Abstracts Service Registry Numbers (CASRN): 
Tallow, Methyl Ester: CASRN 61788-61-2; Soy Oil, Methyl Ester: CASRN 
67784-80-9; Canola Oil, Methyl Ester: CASRN 129828-16-6; Fatty acids, 
corn oil, Me esters: CASRN 515152-40-6; Fatty acids, C16-18 and C-18-
unsaturated, Me esters: CASRN 67762-38-3; and Fatty acids, C14-18 and 
C16-18 unsaturated, Me esters: CASRN 67762-26-9.'' Where the CASRN 
supplied by the petitioner did not exactly match the chemical 
substance's name supplied by the petitioner, EPA construed the CASRN 
supplied by the petitioner as the most accurate reflection of the 
petitioner's intent to identify particular chemical substances.
    Concurrently with the submission of this petition, the petitioner 
filed a separate petition, under 40 CFR 711.6(b)(2)(iii)(A), to have 
the same six chemical substances receive a partial exemption from CDR 
reporting by means of a different kind of listing under CDR. In that 
separate petition, the petitioner requested that these six chemical 
substances be placed on a list of chemical substances at 40 CFR 
711.6(b)(2)(iv) for which EPA has determined that processing and use 
information is of ``low current interest'' (Refs. 2 and 3).
    The consequence of placing a chemical substance on the low current 
interest list at 40 CFR 711.6(b)(2)(iv) is identical to the consequence 
of amending the regulations to add a chemical substance to the 
petroleum process stream list at 40 CFR 711.6(b)(1). In either 
instance, processing and use information (defined in 40 CFR 
711.15(b)(4)) generally would not need to be reported for the

[[Page 4487]]

substance under CDR. See 40 CFR 711.6(b).
    Similarly, the range of factors that EPA would take into account if 
it were to consider amending the regulations to add a chemical 
substance to the petroleum process stream list at 40 CFR 711.6(b)(1) 
would be equivalent to the range of factors that EPA takes into account 
when deciding whether to place a chemical substance on the low current 
interest list at 40 CFR 711.6(b)(2)(iv). In either case, EPA would 
consider the totality of the information available. Relatedly, EPA 
notes that the petitioners did not fully characterize EPA's July 11, 
2014 communication to petitioners in this respect. Though the partial 
exemption at 40 CFR 711.6(b) does not specify the criteria EPA would 
consider in evaluating a request to amend the regulations to add to the 
chemical substances listed in 40 CFR 711.6(b)(1), EPA would consider 
the totality of available information as well as every important aspect 
of whether an exemption is warranted if it were to consider adding 
chemical substances to that list.
    EPA has separately evaluated the petitioner's request to add these 
six chemical substances to the list of chemical substances at 40 CFR 
711.6(b)(2)(iv). The Agency agrees that there is low current interest 
in the processing and use information for these chemical substances and 
has accordingly granted the petitioner's separate request that these 
six chemical substances be placed on the low current interest list at 
40 CFR 711.6(b)(2)(iv). By a direct final rule published elsewhere in 
this Federal Register, EPA has added the chemical substances to the 
list at 40 CFR 711.6(b)(2)(iv), contingent on the absence of adverse 
comment. EPA decided to issue that direct final rule following an 
analysis of the totality of the information available on the six 
chemical substances, including information about the chemical 
substances relevant to the considerations defined at 40 CFR 
711.6(b)(2)(ii).

B. What support does the petitioner offer?

    The petitioner states that the six chemical substances that it 
identified as a ``biodiesel'' category are similar in toxicity and use 
to the chemical substances already on the petroleum process stream 
list. The petitioner also states that these six chemical substances are 
transported, processed, and maintained in vessels similarly to the 
chemical substances already on the petroleum process stream list.

IV. Disposition of TSCA Section 21 Petition

A. What is EPA's response?

    After careful consideration, EPA denied the petition. A copy of the 
Agency's response, which consists of a letter to the petitioner, is 
available in the docket for this TSCA section 21 petition and is 
briefly summarized in this document.

B. What is EPA's reason for this response?

    EPA has issued a direct final rule to place the six chemical 
substances identified in this petition on the low current interest list 
at 40 CFR 711.6(b)(2)(iv). If the direct final rule becomes effective, 
these six chemical substances will generally be partially exempt from 
reporting under CDR. The partial exemption afforded by the low current 
interest list is identical to that which would be afforded by the 
petroleum process stream list. Therefore, an additional decision to 
place these six chemical substances on the petroleum process stream 
list at 40 CFR 711.6(b)(1), either individually or as a ``biodiesel'' 
category, would afford no further relief to the petitioner. Because no 
further relief is available to the petitioner, EPA is denying this 
petition as moot.
    Several of the issues the petitioner raised in their section 21 
petition are duplicated in their petition filed by the petition under 
40 CFR 711.6(b)(2)(iii)(A). EPA's analysis conducted in response to 
that petition is available in the docket identified by docket ID number 
EPA-HQ-OPPT-2014-0809. For assistance in locating this docket, see Unit 
I.B.

V. 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 Biobased and Renewable Products Advocacy Group, to EPA, 
Administrator, received October 21, 2014. Docket ID number EPA-HQ-OPPT-
2014-0826.
2. Letter from Biobased and Renewable Products Advocacy Group, to EPA, 
OPPT CDR Submission Coordinator, received October 21, 2014. Docket ID 
number EPA-HQ-OPPT-2014-0809.
3. Letter from Biobased and Renewable Products Advocacy Group, to EPA, 
OPPT CDR Submission Coordinator, received November 5, 2014. Docket ID 
number EPA-HQ-OPPT-2014-0809.

List of Subjects in 40 CFR Part 711

    Environmental protection, Biodiesel, Canola oil, Chemicals, Corn 
oil, Fatty acids, Hazardous substances, Reporting and recordkeeping 
requirements, Soybean oil, Tallow.

    Dated: January 16, 2015.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
[FR Doc. 2015-01278 Filed 1-26-15; 8:45 am]
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