Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules 43383 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 711 

[EPA–HQ–OPPT–2014–0809; FRL–9928–99] 

RIN 2070–AK01 

Partial Exemption of Certain Chemical 

Substances From Reporting Additional 

Chemical Data 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to amend 

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 

proposed rule, there is a 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: Comments must be received on 

or before September 21, 2015. 

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. 

• 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.htm. 

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: 

Christina Thompson, Chemical Control 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–0983; 

email address: 

thompson.christina@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: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. What action is the agency taking? 

This partial exemption would 

eliminate an existing reporting 

requirement under 40 CFR 711.6(b)(2). 

EPA is proposing to add the following 

chemical substances to the list of 

chemical substances that are exempt 

from reporting the information 

described in 40 CFR 711.15(b)(4): Fatty 

acids, C14–18 and C16–18 unsaturated, 

methyl esters (Chemical Abstract 

Services Registry Number (CASRN) 

67762–26–9); Fatty acids, C16–18 and 

C–18 unsaturated, methyl esters 

(CASRN 67762–38–3); fatty acids, 

canola oil, methyl esters (CASRN 

129828–16–6); Fatty acids, corn oil, 

methyl esters (CASRN 515152–40–6); 

Fatty acids, tallow, methyl esters 

(CASRN 61788–61–2); and Soybean oil, 

methyl esters (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 (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. 

B. Why is the agency taking this action? 

This proposed rule is in response to 

a petition EPA received for these 

chemical substances (Refs. 2 and 3) 

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–2014–0809 (Refs. 4, 5, 

6, 7, 8, and 9). The Agency is proposing 

to add 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. 

In the January 27, 2015 Federal 

Register (80 FR 4482) (FRL–9921–56), 

EPA published a direct final rule to add 

these six chemical substances to the list 

of chemical substances that are partially 

exempt from reporting additional 

information under the CDR rule. EPA 

received an adverse comment that is 

pertinent to all six of the chemical 

substances that were the subject of that 

direct final rule (EPA–HQ–OPPT–2014– 

0809–0014). In accordance with the 

procedures described in the January 27, 

2015 Federal Register document, EPA 

withdrew the direct final rule. EPA is 

now proposing to make the same 

additions to the list of partially exempt 

chemical substances. Before taking final 

action on this proposal, EPA will 

consider the adverse comment it 

received in response to the direct final 

rule, together with any other timely 

comments it receives on this proposed 

rule. On the basis of comments received, 

EPA may finalize this proposed rule or 

revise its prior determination that the 

CDR processing and use information for 

these six chemical substances is of low 

current interest. 

C. What is the agency’s authority for 

taking this action? 

This action is proposed under the 

authority of the Toxic Substances 

Control Act (TSCA), 15 U.S.C. 2600 et 

seq., to carry out the provisions of 

section 8(a), 15 U.S.C. 2607(a). TSCA 

section 8(a) 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. 10) 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 

would be related to avoiding potential 

costs. This partial exemption would 

eliminate an existing reporting 

requirement without imposing any new 

requirements. See also the discussion in 

Unit V of the January 27, 2015 Federal 

Register document. 

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 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 


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43384 Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules 

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 CBI information 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. 

Information so marked will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

II. Background 

EPA published a direct final rule in 

the Federal Register of January 27, 2015 

(80 FR 4482) (FRL–9921–56). The 

preamble to that direct final rule 

explained our reasons for amending the 

list of chemical substances that are 

partially exempt from reporting 

additional information under the TSCA 

CDR rule. In addition, EPA explained 

the low current interest partial 

exemption and petition process in 40 

CFR 711.6(b)(2)(iv), and further 

explained that we would withdraw the 

amendment presented in the direct final 

rule if written adverse comment was 

received within 30 days of the 

publication of that direct final rule. 

Since EPA received written adverse 

comment, EPA has withdrawn the direct 

final rule in a separate document 

published in the Federal Register of 

March 30, 2015 (80 FR 16576) (FRL– 

9924–84), and is now issuing this 

proposed rule for the six chemical 

substances. The record for the direct 

final rule was established as docket 

EPA–HQ–OPPT–2014–0809. 

III. References 

The following is a listing of the 

documents that have been placed in the 

docket for this proposed rule. The 

docket contains information considered 

by EPA in developing this proposed 

rule, including the documents listed in 

this unit, which are physically located 

in the docket. In addition, interested 

parties should consult documents that 

are referenced in the documents that 

EPA has placed in the docket, regardless 

of whether the referenced document is 

physically located in the docket. For 

assistance in locating documents that 

are referenced in documents that EPA 

has placed in the docket, but that are 

not physically located in the docket, 

please consult the technical person 

listed under FOR FURTHER INFORMATION

CONTACT. The docket is available for 

review as specified under ADDRESSES. 

1. Public Comment from G. Valasek to EPA, 

February 26, 2015. 

2. 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. 

3. Letter from Biobased and Renewable 

Products Advocacy Group, to EPA, OPPT 

CDR Submission Coordinator, November 

5. Docket ID number EPA–HQ–OPPT– 

2014–0809, supplement to request for 

exemption of biodiesel products. 

4. EPA, OPPT. Fatty acids, C14–18 and C16– 

18 unsaturated, methyl esters (CASRN 

67762–26–9) Partial Exemption Analysis. 

December 2014. 

5. EPA, OPPT. Fatty acids, C16–18 and C–18 

unsaturated, methyl esters (CASRN 

67762–38–3) Partial Exemption Analysis. 

December 2014. 

6. EPA, OPPT. Fatty acids, canola oil, methyl 

esters (CASRN 129828–16–6) Partial 

Exemption Analysis. December 2014. 

7. EPA, OPPT. Fatty acids, corn oil, methyl 

esters (CASRN 515152–40–6) Partial 

Exemption Analysis. December 2014. 

8. EPA, OPPT. Fatty acids, tallow, methyl 

esters (CASRN 61788–6–2) Partial 

Exemption Analysis. December 2014. 

9. EPA, OPPT. Soybean oil, methyl esters 

(CASRN 67784–80–9) Partial Exemption 

Analysis. December 2014. 

10. EPA. TSCA Inventory Update Rule 

Amendments; Final Rule. Federal 

Register (68 FR 848, January 7, 2003) 

(FRL–6767–4). 

IV. 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 the 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 the PRA under OMB control 

number 2070–0162 (EPA ICR No. 

1884.06). Since this action will create a 

partial exemption from that reporting, 

without creating any new reporting or 

recordkeeping requirements, this action 

will 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 the 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 

proposing to eliminate an existing 

reporting requirement for the chemical 

identified in this document. In granting 

a partial exemption from existing 

reporting, this rule 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 will impose 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. 


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E. Executive Order 13132: Federalism 

This action will 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 will not have Tribal 

implications because it is not expected 

to have substantial direct effects on 

Indian Tribes. This action will 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 

rule. 

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). 

List of Subjects in 40 CFR Part 711 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: July 13, 2015. 

James Jones, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

Therefore, it is proposed that 40 CFR 

chapter I be 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) * * * 

TABLE 2—CASRN OF PARTIALLY EXEMPT CHEMICAL SUBSTANCES

CASRN Chemical 

*******

61788–61–2 ........................................................ Fatty acids, tallow, methyl esters. 

*******

67762–26–9 ........................................................ Fatty acids, C14–18 and C16–18 unsaturated, methyl esters. 

67762–38–3 ........................................................ Fatty acids, C16–18 and C–18 unsaturated, methyl esters. 

67784–80–9 ........................................................ Soybean oil, methyl esters. 

*******

129828–16–6 ...................................................... Fatty acids, canola oil, methyl esters. 

515152–40–6 ...................................................... Fatty acids, corn oil, methyl esters. 

*******

* * * * * 

[FR Doc. 2015–17629 Filed 7–21–15; 8:45 am] 

BILLING CODE 6560–50–P 


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