Vol. 80 Tuesday, 

No. 17 January 27, 2015 

Part IV 

Environmental Protection Agency 

40 CFR Part 711 

Partial Exemption of Certain Chemical Substances From Reporting 

Additional Chemical Data; Final Rule and Proposed Rule 


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4482 Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 

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. 

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: http:// 

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 http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

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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Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 4483 

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 

http://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] 

■ 1. The authority citation for part 711 

continues to read as follows: 

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

■ 2. In § 711.6, add in numerical order 

by CASRN number the following entries 

to Table 2 in paragraph (b)(2)(iv) to read 

as follows: 

§ 711.6 Chemical substances for which 

information is not required. 

* * * * * 

(b) * * * 

(2) * * * 

(iv) * * * 


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Federal Register / Vol. 80, No. 17 / Tuesday, January 27, 2015 / Rules and Regulations 4485 

TABLE 2—CASRN OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES

CASRN Chemical 

*******

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. 

* * * * * 

[FR Doc. 2015–01279 Filed 1–26–15; 8:45 am] 

BILLING CODE 6560–50–P 


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