[Federal Register Volume 79, Number 118 (Thursday, June 19, 2014)]
[Rules and Regulations]
[Pages 35096-35098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14367]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 711
[EPA-HQ-OPPT-2012-0221; FRL-9910-84]
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 on the chemical substances listed in this
document, 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 August 18, 2014 without
further notice, unless EPA receives adverse comment on or before July
21, 2014. 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-2012-0221, 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.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:
Karen Hoffman, Chemical Control Division (7405M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(202) 564-8158; 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 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): 1,3-Propanediol (Chemical
Abstracts Service Registry Number (CASRN) 504-63-2); oils, palm kernel
(CASRN 8023-79-8); and bentonite, acid-leached (CASRN 70131-50-9).
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 TSCA section 4, 5(a)(2), 5(b)(4), or 6, 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. EPA is also making non-substantive technical amendments to 40 CFR
711.6(b)(2) to reflect that while prior information collections may
have been styled as either ``IUR collections'' or ``CDR collections,''
prospective obligations are styled as ``under the CDR.''
B. Why is the agency taking this action?
This amendment is in response to a petition request (Ref. 1)
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-
2012-0221 (Refs. 2, 3, and 4). The Agency is adding these three
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 action is issued under the authority of the Toxic Substances
Control Act (TSCA), 15 U.S.C. 2600 et seq., to carry out the provisions
of TCSA 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. 5) 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?
Do not submit Confidential Business Information (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
[[Page 35097]]
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. 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 July 21, 2014. In any comment submitted, please
specify whether the comment is adverse and whether it applies to all
the chemical substances in the direct final rule.
If EPA receives timely adverse comment, we will publish a timely
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 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 amendment
will become effective as indicated under DATES without any further
action by EPA.
III. Petition Process and ``Low Current Interest'' Partial Exemption
In 2003, 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.'' This
provision of the rule 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 considered 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 1,3-propanediol (CASRN 504-
63-2); oils, palm kernel (CASRN 8023-79-8); and bentonite, acid-leached
(CASRN 70131-50-9) 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 our analysis of the
totality of information on the three 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-2012-0221
(Refs. 2, 3, and 4).
V. Economics 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 83.02 hours per submission
in the first reporting cycle and 65.63 hours in subsequent reporting
cycles. Based on 2012 CDR reporting, EPA estimates that 12 submissions
with manufacture volumes of 25,000 pounds or greater will be received
for these 3 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 790 hours and $50,000 in future reporting cycles (Ref.
6).
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 Herbert Estreicher, Esq., Keller and Heckman LLP, to
EPA, OPPT CDR Submission Coordinator. December 14, 2011.
2. EPA, OPPT. 1,3-Propanediol (CASRN 504-63-2) Partial Exemption
Analysis. November 2013.
3. EPA, OPPT. Oils, palm kernel (CASRN 8023-79-8) Partial Exemption
Analysis. November 2013.
4. EPA, OPPT. Bentonite, acid-leached (CASRN 70131-50-9) Partial
Exemption Analysis. November 2013.
5. EPA. TSCA Inventory Update Rule Amendments; Final rule. Federal
Register (68 FR 848, January 7, 2003) (FRL-6767-4).
6. EPA, OPPT. Cost Savings Estimate of Adding Three Chemicals to the
40 CFR 711.6(b)(2) Chemical Substance List. May 7, 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 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
[[Page 35098]]
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 document. 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. 1531-1538, 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 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.
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 the 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, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements.
Dated: June 13, 2014.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, 40 CFR chapter I is amended as follows:
PART 711--[AMENDED]
0
1. The authority citation for part 711 continues to read as follows:
Authority: 15 U.S.C. 2607(a).
0
2. In Sec. 711.6:
0
a. Remove ``IUR'' and add in its place ``CDR'' in the introductory text
of paragraphs (b)(1) and (b)(2)(iv).
0
b. Remove ``Inventory Update'' and add in its place ``TSCA Chemical
Data'' in the heading for Table 1 in paragraph (b)(1).
0
c. Remove ``IUR'' and add in its place ``IUR or CDR'' in paragraph
(b)(2)(ii)(A).
0
d. Remove the second sentence in paragraph (b)(2)(iii)(A) and add two
sentences in its place.
0
e. Add in numerical order by CASRN number the following entries to
Table 2 in paragraph (b)(2)(iv).
The amendments read as follows:
Sec. 711.6 Chemical substances for which information is not required.
* * * * *
(b) * * *
(2) * * *
(iii) * * *
(A) * * * Your request must be in writing and must be submitted to
the address provided in 40 CFR 700.17(a). Please label your request as
follows: Attention: TSCA Chemical Data Reporting--Partial Exemption
Request. * * *
* * * * *
(iv) * * *
Table 2--CASRN of Partially Exempt Chemical Substances
------------------------------------------------------------------------
CASRN Chemical
------------------------------------------------------------------------
* * * * *
504-63-2.................................. 1,3-Propanediol.
* * * * *
8023-79-8................................. Oils, palm kernel.
* * * * *
70131-50-9................................ Bentonite, acid-leached.
* * * * *
------------------------------------------------------------------------
[FR Doc. 2014-14367 Filed 6-18-14; 8:45 am]
BILLING CODE 6560-50-P