4486 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Proposed Rules 

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. 

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 http:// 

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 http://

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 


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

BILLING CODE 6560–50–P 


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