Partial Exemption of Certain Chemical Substances From Reporting Additional Chemical Data, 4481-4485 [2015-01279]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Rules and Regulations]
[Pages 4481-4485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01279]



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Vol. 80

Tuesday,

No. 17

January 27, 2015

Part IV





Environmental Protection Agency





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40 CFR Part 711





Partial Exemption of Certain Chemical Substances From Reporting 
Additional Chemical Data; Final Rule and Proposed Rule

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

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 711

[EPA-HQ-OPPT-2014-0809; FRL-9921-56]
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 available on the chemical substances listed 
in this direct final rule, 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 March 30, 2015 without 
further notice, unless EPA receives adverse comment on or before 
February 26, 2015. 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-2014-0809 by one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     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: 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. 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): Fatty acids, C14-18 and 
C16-18-unsatd., Me esters (Chemical Abstract Services Registry Number 
(CASRN) 67762-26-9); Fatty acids, C16-18 and C-18-unsatd., Me esters 
(CASRN 67762-38-3); Fatty acids, canola oil, Me esters (CASRN 129828-
16-6); Fatty acids, corn oil, Me esters (CASRN 515152-40-6); Fatty 
acids, tallow, Me esters (CASRN 61788-61-2); and Soybean oil, Me ester 
(CASRN 67784-80-9). 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 section 4, 5(a)(2), 
5(b)(4), or 6 of the Toxic Substances Control Act (TSCA); an 
enforceable consent agreement 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.

B. Why is the Agency taking this action?

    This direct final rule is in response to petitions on these 
chemical substances (Refs. 1 and 2) submitted under 40 CFR 
711.6(b)(2)(iii)(A). EPA reviewed the information put forward in the 
petitions 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-2014-0809 (Refs. 3, 4, 5, 6, 7, and 8). 
The Agency is adding these 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 direct final rule is issued under the authority of TSCA, 15 
U.S.C. 2600 et seq., to carry out the provisions of TSCA 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. 9) 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?

    1. Submitting CBI. Do not submit 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 must be submitted for 
inclusion in the public docket.

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Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.

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 February 26, 2015. In any comment submitted, 
please specify whether the comment is adverse and whether it applies to 
a certain chemical substance or chemical substances or all of the 
chemical substances in the direct final rule.
    If EPA receives timely adverse comment, we will publish a 
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 one or more of these 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 direct 
final rule will become effective as indicated under DATES without any 
further action by EPA.

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

    In 2003 (Ref. 9), 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.'' That provision 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 available 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: Fatty acids, C14-18 and 
C16-18-unsatd., Me esters (CASRN) 67762-26-9); Fatty acids, C16-18 and 
C-18-unsatd., Me esters (CASRN 67762-38-3); Fatty acids, canola oil, Me 
esters (CASRN 129828-16-6); Fatty acids, corn oil, Me esters (CASRN 
515152-40-6); Fatty acids, tallow, Me esters (CASRN 61788-61-2); and 
Soybean oil, Me ester (CASRN 67784-80-9) 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 its analysis of the totality of 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). EPA's chemical substance-specific analysis is 
detailed in supplementary documents available in the docket under 
docket ID number EPA-HQ-OPPT-2014-0809 (Refs. 3, 4, 5, 6, 7, 8, and 9).

V. Economic 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 65.63 hours per 
submission. Based on 2012 CDR reporting, EPA estimates that 61 
submissions with manufacture volumes of 25,000 pounds or greater will 
be received for these 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 4,003 hours and $246,867 in future reporting cycles 
(Ref. 10).

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 Biobased and Renewable Products Advocacy Group, to 
EPA, OPPT CDR Submission Coordinator, October 21, 2014. Docket ID 
number EPA-HQ-OPPT-2014-0809, regarding request for exemption of 
biodiesel products.
2. Letter from Biobased and Renewable Products Advocacy Group, to 
EPA, OPPT CDR Submission Coordinator, November 5, 2014. Docket ID 
number EPA-HQ-OPPT-2014-0809, supplement to request for exemption of 
biodiesel products.
3. EPA, OPPT. Fatty acids, C14-18 and C16-18-unsatd., Me esters 
(CASRN 67762-26-9) Partial Exemption Analysis. December 2014.
4. EPA, OPPT. Fatty acids, C16-18 and C-18-unsatd, Me esters (CASRN 
67762-38-3) Partial Exemption Analysis. December 2014.
5. EPA, OPPT. Fatty acids, canola oil, Me esters (CASRN 129828-16-6) 
Partial Exemption Analysis. December 2014.
6. EPA, OPPT. Fatty acids, corn oil, Me esters (CASRN 515152-40-6) 
Partial Exemption Analysis. December 2014.
7. EPA, OPPT. Fatty acids, tallow, Me esters (CASRN 61788-61-2) 
Partial Exemption Analysis. December 2014.
8. EPA, OPPT. Soybean oil, Me esters (CASRN 67784-80-9) Partial 
Exemption Analysis. December 2014.
9. EPA. TSCA Inventory Update Rule Amendments; Final Rule. Federal 
Register (68 FR 848, January 7, 2003) (FRL-6767-4).
10. EPA, OPPT. Cost Savings Estimate of Adding Six Chemicals to the 
40 CFR 711.6(b)(2)(iv) List of Chemical Substances. December 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

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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 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 action. 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. 1501 et seq., 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 CDR 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 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, 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.

    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, add in numerical order by CASRN number the following 
entries to Table 2 in paragraph (b)(2)(iv) to read as follows:


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

* * * * *
    (b) * * *
    (2) * * *
    (iv) * * *

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                             Table 2--CASRN of Partially Exempt Chemical Substances
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              CASRN                                                  Chemical
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                                                  * * * * * * *
61788-61-2......................  Fatty acids, tallow, Me esters.
 
                                                  * * * * * * *
67762-26-9......................  Fatty acids, C14-18 and C16-18-unsatd., Me esters.
67762-38-3......................  Fatty acids, C16-18 and C-18-unsatd., Me esters.
67784-80-9......................  Soybean oil, Me esters.
 
                                                  * * * * * * *
129828-16-6.....................  Fatty acids, canola oil, Me esters.
515152-40-6.....................  Fatty acids, corn oil, Me esters.
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[FR Doc. 2015-01279 Filed 1-26-15; 8:45 am]
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