80_FR_43523 80 FR 43383 - Partial Exemption of Certain Chemical Substances From Reporting Additional Chemical Data

80 FR 43383 - Partial Exemption of Certain Chemical Substances From Reporting Additional Chemical Data

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 140 (July 22, 2015)

Page Range43383-43385
FR Document2015-17629

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.

Federal Register, Volume 80 Issue 140 (Wednesday, July 22, 2015)
[Federal Register Volume 80, Number 140 (Wednesday, July 22, 2015)]
[Proposed Rules]
[Pages 43383-43385]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17629]



[[Page 43383]]

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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: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

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

[[Page 43384]]

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. Sec.  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.

[[Page 43385]]

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]

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) * * *

         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



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

                                               ENVIRONMENTAL PROTECTION                                   For general information contact: The                  In the January 27, 2015 Federal
                                               AGENCY                                                   TSCA-Hotline, ABVI-Goodwill, 422                      Register (80 FR 4482) (FRL–9921–56),
                                                                                                        South Clinton Ave., Rochester, NY                     EPA published a direct final rule to add
                                               40 CFR Part 711                                          14620; telephone number: (202) 554–                   these six chemical substances to the list
                                               [EPA–HQ–OPPT–2014–0809; FRL–9928–99]                     1404; email address: TSCA-                            of chemical substances that are partially
                                                                                                        Hotline@epa.gov.                                      exempt from reporting additional
                                               RIN 2070–AK01                                                                                                  information under the CDR rule. EPA
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                                                                              received an adverse comment that is
                                               Partial Exemption of Certain Chemical                    I. Executive Summary                                  pertinent to all six of the chemical
                                               Substances From Reporting Additional                                                                           substances that were the subject of that
                                               Chemical Data                                            A. What action is the agency taking?
                                                                                                                                                              direct final rule (EPA–HQ–OPPT–2014–
                                                                                                           This partial exemption would                       0809–0014). In accordance with the
                                               AGENCY:  Environmental Protection                        eliminate an existing reporting
                                               Agency (EPA).                                                                                                  procedures described in the January 27,
                                                                                                        requirement under 40 CFR 711.6(b)(2).                 2015 Federal Register document, EPA
                                               ACTION: Proposed rule.                                   EPA is proposing to add the following                 withdrew the direct final rule. EPA is
                                               SUMMARY:    EPA is proposing to amend                    chemical substances to the list of                    now proposing to make the same
                                               the list of chemical substances that are                 chemical substances that are exempt                   additions to the list of partially exempt
                                               partially exempt from reporting                          from reporting the information                        chemical substances. Before taking final
                                               additional information under the                         described in 40 CFR 711.15(b)(4): Fatty               action on this proposal, EPA will
                                               Chemical Data Reporting (CDR) rule.                      acids, C14–18 and C16–18 unsaturated,                 consider the adverse comment it
                                               EPA has determined that, based on the                    methyl esters (Chemical Abstract                      received in response to the direct final
                                               totality of information available on the                 Services Registry Number (CASRN)                      rule, together with any other timely
                                                                                                        67762–26–9); Fatty acids, C16–18 and                  comments it receives on this proposed
                                               chemical substances listed in this
                                                                                                        C–18 unsaturated, methyl esters                       rule. On the basis of comments received,
                                               proposed rule, there is a low current
                                                                                                        (CASRN 67762–38–3); fatty acids,                      EPA may finalize this proposed rule or
                                               interest in their CDR processing and use
                                                                                                        canola oil, methyl esters (CASRN                      revise its prior determination that the
                                               information. EPA reached this
                                                                                                        129828–16–6); Fatty acids, corn oil,                  CDR processing and use information for
                                               conclusion after considering a number
                                                                                                        methyl esters (CASRN 515152–40–6);                    these six chemical substances is of low
                                               of factors, including the risk of adverse
                                                                                                        Fatty acids, tallow, methyl esters                    current interest.
                                               human health or environmental effects,
                                                                                                        (CASRN 61788–61–2); and Soybean oil,
                                               information needs for CDR processing                                                                           C. What is the agency’s authority for
                                                                                                        methyl esters (CASRN 67784–80–9).
                                               and use information, and the                                                                                   taking this action?
                                                                                                        However, by existing terms at 40 CFR
                                               availability of other sources of
                                                                                                        711.6, this partial exemption will                      This action is proposed under the
                                               comparable processing and use
                                                                                                        become inapplicable to a subject                      authority of the Toxic Substances
                                               information.
                                                                                                        chemical substance in the event that the              Control Act (TSCA), 15 U.S.C. 2600 et
                                               DATES: Comments must be received on                      chemical substance later becomes the                  seq., to carry out the provisions of
                                               or before September 21, 2015.                            subject of a rule proposed or                         section 8(a), 15 U.S.C. 2607(a). TSCA
                                               ADDRESSES: Submit your comments,                         promulgated under section 4, 5(a)(2),                 section 8(a) authorizes EPA to
                                               identified by docket identification (ID)                 5(b)(4), or 6 of the Toxic Substances                 promulgate rules under which
                                               number EPA–HQ–OPPT–2014–0809, by                         Control Act (TSCA); an enforceable                    manufacturers of chemical substances
                                               one of the following methods:                            consent agreement (ECA) developed                     and mixtures must submit such
                                                  • Federal eRulemaking Portal: http://                 under the procedures of 40 CFR part                   information as the Agency may
                                               www.regulations.gov. Follow the online                   790; an order issued under TSCA                       reasonably require. The partial
                                               instructions for submitting comments.                    section 5(e) or 5(f); or relief that has              exemption list was established in 2003
                                                  • Mail: Document Control Office                       been granted under a civil action under               (Ref. 10) and can be found in 40 CFR
                                               (7407M), Office of Pollution Prevention                  TSCA section 5 or 7.                                  711.6.
                                               and Toxics (OPPT), Environmental
                                               Protection Agency, 1200 Pennsylvania                     B. Why is the agency taking this action?              D. What are the impacts of this action?
                                               Ave. NW., Washington, DC 20460–0001.                        This proposed rule is in response to                  There are no costs associated with
                                                  • Hand Delivery: To make special                      a petition EPA received for these                     this action and the benefits provided
                                               arrangements for hand delivery or                        chemical substances (Refs. 2 and 3)                   would be related to avoiding potential
                                               delivery of boxed information, please                    submitted under 40 CFR                                costs. This partial exemption would
                                               follow the instructions at http://                       711.6(b)(2)(iii)(A). EPA reviewed the                 eliminate an existing reporting
                                               www.epa.gov/dockets/contacts.htm.                        information put forward in the petition               requirement without imposing any new
                                                  Additional instructions on                            and additional information against the                requirements. See also the discussion in
                                               commenting or visiting the docket,                       considerations listed at 40 CFR                       Unit V of the January 27, 2015 Federal
                                               along with more information about                        711.6(b)(2)(ii). EPA’s chemical                       Register document.
                                               dockets generally, is available at                       substance-specific analysis is detailed in
                                               http://www.epa.gov/dockets.                              supplementary documents available in                  E. Does this action apply to me?
                                               FOR FURTHER INFORMATION CONTACT:                         the docket under docket ID number                       You may be potentially affected by
                                                  For technical information contact:                    EPA–HQ–OPPT–2014–0809 (Refs. 4, 5,                    this action if you manufacture (defined
Lhorne on DSK7TPTVN1PROD with PROPOSALS




                                               Christina Thompson, Chemical Control                     6, 7, 8, and 9). The Agency is proposing              by statute at 15 U.S.C. 2602(7) to
                                               Division (7405M), Office of Pollution                    to add these chemical substances to the               include import) the chemical substances
                                               Prevention and Toxics, Environmental                     partially exempt chemical substances                  contained in this rule. The North
                                               Protection Agency, 1200 Pennsylvania                     list because it has concluded that, based             American Industrial Classification
                                               Ave. NW., Washington, DC 20460–0001;                     on the totality of information available,             System (NAICS) codes provided here
                                               telephone number: (202) 564–0983;                        the CDR processing and use information                are not intended to be exhaustive, but
                                               email address:                                           for these chemical substances is of low               rather provide a guide to help readers
                                               thompson.christina@epa.gov.                              current interest.                                     determine whether this document


                                          VerDate Sep<11>2014   15:08 Jul 21, 2015   Jkt 235001   PO 00000   Frm 00046   Fmt 4702   Sfmt 4702   E:\FR\FM\22JYP1.SGM   22JYP1


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

                                               applies to them. Potentially affected                    are referenced in the documents that                  that requires OMB approval under PRA,
                                               entities may include chemical                            EPA has placed in the docket, regardless              unless it has been approved by OMB
                                               manufacturers subject to CDR reporting                   of whether the referenced document is                 and displays a currently valid OMB
                                               of one or more subject chemical                          physically located in the docket. For                 control number. The OMB control
                                               substances (NAICS codes 325 and                          assistance in locating documents that                 numbers for EPA regulations in title 40
                                               324110), e.g., chemical manufacturing                    are referenced in documents that EPA                  of the CFR, after appearing in the
                                               and petroleum refineries.                                has placed in the docket, but that are                Federal Register, are listed in 40 CFR
                                               F. What should I consider as I prepare                   not physically located in the docket,                 part 9, and included on the related
                                               my comments for EPA?                                     please consult the technical person                   collection instrument or form, as
                                                                                                        listed under FOR FURTHER INFORMATION                  applicable.
                                                 Do not submit CBI information to EPA                   CONTACT. The docket is available for                    The information collection
                                               through regulations.gov or email.                        review as specified under ADDRESSES.                  requirements related to CDR have
                                               Clearly mark the part or all of the                                                                            already been approved by OMB
                                                                                                        1. Public Comment from G. Valasek to EPA,
                                               information that you claim to be CBI.                                                                          pursuant to the PRA under OMB control
                                                                                                             February 26, 2015.
                                               For CBI information in a disk or CD–                     2. Letter from Biobased and Renewable                 number 2070–0162 (EPA ICR No.
                                               ROM that you mail to EPA, mark the                            Products Advocacy Group, to EPA, OPPT            1884.06). Since this action will create a
                                               outside of the disk or CD–ROM as CBI                          CDR Submission Coordinator, October              partial exemption from that reporting,
                                               and then identify electronically within                       21, 2014. Docket ID number EPA–HQ–
                                                                                                                                                              without creating any new reporting or
                                               the disk or CD–ROM the specific                               OPPT–2014–0809, regarding request for
                                                                                                             exemption of biodiesel products.                 recordkeeping requirements, this action
                                               information that is claimed as CBI. In
                                                                                                        3. Letter from Biobased and Renewable                 will not impose any new burdens that
                                               addition to one complete version of the
                                                                                                             Products Advocacy Group, to EPA, OPPT            require additional OMB approval.
                                               comment that includes information
                                                                                                             CDR Submission Coordinator, November
                                               claimed as CBI, a copy of the comment                         5. Docket ID number EPA–HQ–OPPT–                 C. Regulatory Flexibility Act (RFA)
                                               that does not contain the information                         2014–0809, supplement to request for                I certify that this action will not have
                                               claimed as CBI must be submitted for                          exemption of biodiesel products.                 a significant economic impact on a
                                               inclusion in the public docket.                          4. EPA, OPPT. Fatty acids, C14–18 and C16–
                                                                                                             18 unsaturated, methyl esters (CASRN
                                                                                                                                                              substantial number of small entities
                                               Information so marked will not be
                                                                                                             67762–26–9) Partial Exemption Analysis.          under the RFA, 5 U.S.C. § 601 et seq. In
                                               disclosed except in accordance with
                                                                                                             December 2014.                                   making this determination, the impact
                                               procedures set forth in 40 CFR part 2.
                                                                                                        5. EPA, OPPT. Fatty acids, C16–18 and C–18            of concern is any significant adverse
                                               II. Background                                                unsaturated, methyl esters (CASRN                economic impact on small entities,
                                                                                                             67762–38–3) Partial Exemption Analysis.          because the primary purpose of a final
                                                  EPA published a direct final rule in                       December 2014.
                                               the Federal Register of January 27, 2015                                                                       regulatory flexibility analysis is to
                                                                                                        6. EPA, OPPT. Fatty acids, canola oil, methyl         identify and address regulatory
                                               (80 FR 4482) (FRL–9921–56). The                               esters (CASRN 129828–16–6) Partial
                                               preamble to that direct final rule                            Exemption Analysis. December 2014.
                                                                                                                                                              alternatives that ‘‘minimize the
                                               explained our reasons for amending the                   7. EPA, OPPT. Fatty acids, corn oil, methyl           significant economic impact on small
                                               list of chemical substances that are                          esters (CASRN 515152–40–6) Partial               entities’’ 5 U.S.C. 604. Thus, an agency
                                               partially exempt from reporting                               Exemption Analysis. December 2014.               may certify that a rule will not have a
                                               additional information under the TSCA                    8. EPA, OPPT. Fatty acids, tallow, methyl             significant economic impact on a
                                                                                                             esters (CASRN 61788–6–2) Partial                 substantial number of small entities if
                                               CDR rule. In addition, EPA explained
                                                                                                             Exemption Analysis. December 2014.               the rule has no net burden effect on the
                                               the low current interest partial                         9. EPA, OPPT. Soybean oil, methyl esters
                                               exemption and petition process in 40                                                                           small entities subject to the rule.
                                                                                                             (CASRN 67784–80–9) Partial Exemption
                                               CFR 711.6(b)(2)(iv), and further                              Analysis. December 2014.                            As indicated previously, EPA is
                                               explained that we would withdraw the                     10. EPA. TSCA Inventory Update Rule                   proposing to eliminate an existing
                                               amendment presented in the direct final                       Amendments; Final Rule. Federal                  reporting requirement for the chemical
                                               rule if written adverse comment was                           Register (68 FR 848, January 7, 2003)            identified in this document. In granting
                                               received within 30 days of the                                (FRL–6767–4).                                    a partial exemption from existing
                                               publication of that direct final rule.                   IV. Statutory and Executive Order                     reporting, this rule will not have a
                                               Since EPA received written adverse                       Reviews                                               significant economic impact on any
                                               comment, EPA has withdrawn the direct                                                                          affected entities, regardless of their size.
                                               final rule in a separate document                        A. Executive Order 12866: Regulatory
                                                                                                        Planning and Review and Executive                     D. Unfunded Mandates Reform Act
                                               published in the Federal Register of                                                                           (UMRA)
                                               March 30, 2015 (80 FR 16576) (FRL–                       Order 13563: Improving Regulation and
                                               9924–84), and is now issuing this                        Regulatory Review                                       This action does not contain any
                                               proposed rule for the six chemical                         This action is not a significant                    unfunded mandate as described in
                                               substances. The record for the direct                    regulatory action as defined by                       UMRA, 2 U.S.C. 1531–1538, and does
                                               final rule was established as docket                     Executive Order 12866 (58 FR 51735,                   not significantly or uniquely affect small
                                               EPA–HQ–OPPT–2014–0809.                                   October 4, 1993). Accordingly, this                   governments. In granting a partial
                                                                                                        action was not submitted to the Office                exemption from existing reporting, this
                                               III. References                                                                                                action will impose no new enforceable
                                                                                                        of Management and Budget (OMB) for
                                                  The following is a listing of the                     review under Executive Orders 12866                   duty on any State, local or tribal
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                                               documents that have been placed in the                   and 13563 (76 FR 3821, January 21,                    governments, or on the private sector. In
                                               docket for this proposed rule. The                       2011).                                                addition, based on EPA’s experience
                                               docket contains information considered                                                                         with chemical data reporting under
                                               by EPA in developing this proposed                       B. Paperwork Reduction Act (PRA)                      TSCA, State, local, and Tribal
                                               rule, including the documents listed in                     According to the PRA, 44 U.S.C. 3501               governments are not engaged in the
                                               this unit, which are physically located                  et seq., an agency may not conduct or                 activities that would require them to
                                               in the docket. In addition, interested                   sponsor, and a person is not required to              report chemical data under 40 CFR part
                                               parties should consult documents that                    respond to a collection of information                711.


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                                                                             Federal Register / Vol. 80, No. 140 / Wednesday, July 22, 2015 / Proposed Rules                                                           43385

                                               E. Executive Order 13132: Federalism                                  address environmental health or safety                    environmental justice related issues as
                                                 This action will not have a substantial                             risks disproportionately affecting                        delineated by Executive Order 12898
                                               direct effect on States, on the                                       children.                                                 (59 FR 7629, February 16, 1994).
                                               relationship between the national                                     H. Executive Order 13211: Actions That                    List of Subjects in 40 CFR Part 711
                                               government and the States, or on the                                  Significantly Affect Energy Supply,
                                               distribution of power and                                                                                                         Environmental protection, Chemicals,
                                                                                                                     Distribution, or Use
                                               responsibilities among the various                                                                                              Hazardous substances, Reporting and
                                               levels of government, as specified in                                   This action is not subject to Executive                 recordkeeping requirements.
                                               Executive Order 13132 (64 FR 43255,                                   Order 13211 (66 FR 28355, May 22,                           Dated: July 13, 2015.
                                               August 10, 1999).                                                     2001), because this action is not
                                                                                                                                                                               James Jones,
                                                                                                                     expected to affect energy supply,
                                               F. Executive Order 13175: Consultation                                distribution, or use.                                     Assistant Administrator, Office of Chemical
                                               and Coordination With Indian Tribal                                                                                             Safety and Pollution Prevention.
                                               Governments                                                           I. National Technology Transfer
                                                                                                                     Advancement Act (NTTAA)                                     Therefore, it is proposed that 40 CFR
                                                 This action will not have Tribal                                                                                              chapter I be amended as follows:
                                               implications because it is not expected                                 Since this action does not involve any
                                               to have substantial direct effects on                                 technical standards, NTTAA section                        PART 711—[AMENDED]
                                               Indian Tribes. This action will not                                   12(d), 15 U.S.C. 272 note, does not
                                               significantly or uniquely affect the                                  apply to this action.                                     ■ 1. The authority citation for part 711
                                               communities of Indian Tribal                                                                                                    continues to read as follows:
                                                                                                                     J. Executive Order 12898: Federal
                                               governments, nor involve or impose any                                Actions To Address Environmental                              Authority: 15 U.S.C. 2607(a).
                                               requirements that affect Indian Tribes.                               Justice in Minority Populations and
                                               Accordingly, the requirements of                                                                                                ■ 2. In § 711.6, add in numerical order
                                                                                                                     Low-Income Populations                                    by CASRN number the following entries
                                               Executive Order 13175 (65 FR 67249,
                                               November 9, 2000) do not apply to this                                  EPA has determined that this action                     to Table 2 in paragraph (b)(2)(iv) to read
                                               rule.                                                                 will not have disproportionately high                     as follows:
                                                                                                                     and adverse human health or
                                               G. Executive Order 13045: Protection of                                                                                         § 711.6 Chemical substances for which
                                                                                                                     environmental effects on minority or                      information is not required.
                                               Children From Environmental Health                                    low-income populations because it does
                                               Risks and Safety Risks                                                not affect the level of protection                        *       *    *       *    *
                                                 This action is not subject to Executive                             provided to human health or the                               (b) * * *
                                               Order 13045 (62 FR 19885, April 23,                                   environment. As such, this action does                        (2) * * *
                                               1997), because this action does not                                   not entail special considerations of                          (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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Document Created: 2015-12-15 12:55:12
Document Modified: 2015-12-15 12:55:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before September 21, 2015.
ContactFor 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
FR Citation80 FR 43383 
RIN Number2070-AK01
CFR AssociatedEnvironmental Protection; Chemicals; Hazardous Substances and Reporting and Recordkeeping Requirements

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