[Federal Register Volume 79, Number 217 (Monday, November 10, 2014)]
[Rules and Regulations]
[Pages 66655-66658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26640]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 711

[EPA-HQ-OPPT-2014-0347; FRL-9918-23]
RIN 2070-AK01


Partial Exemption of Certain Chemical Substances From Reporting 
Additional Chemical Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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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 January 9, 2015 without 
further notice, unless EPA receives adverse comment on or before 
December 10, 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-2014-0347 by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI)

[[Page 66656]]

or other information whose disclosure is restricted by statute.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html.

Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: 
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): D-Fructose (Chemical 
Abstract Registry Number (CASRN) 57-48-7); 1,2,3-propanetricarboxylic 
acid, 2-hydroxy-, sodium salt (1:3) (CASRN 68-04-2); 1,2,3-
propanetricarboxylic acid, 2-hydroxy- (CASRN 77-92-9); 1,2,3-
propanetricarboxylic acid, 2-hydroxy-, potassium salt (1:3) (CASRN 866-
84-2); corn, steep liquor (CASRN 66071-94-1); and soybean oil, 
epoxidized (CASRN 8013-07-8).
    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 amendment is in response to four petition requests covering 
six chemical substances (Refs. 1, 2, 3, and 4) submitted under 40 CFR 
711.6(b)(2)(iii)(A). EPA reviewed the information put forward in the 
petitions and additional information against the considerations listed 
at 40 CFR 711.6(b)(2)(ii). EPA's chemical substance-specific analysis 
is detailed in supplementary documents available in the docket under 
docket ID number EPA-HQ-OPPT-2014-0347 (Refs. 5, 6, 7, 8, 9, and 10). 
The Agency is adding these six 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 TSCA, 15 U.S.C. 2600 
et seq., to carry out the provisions of TSCA section 8(a), 15 U.S.C. 
2607(a). Section 8(a) of TSCA authorizes EPA to promulgate rules under 
which manufacturers of chemical substances and mixtures must submit 
such information as the Agency may reasonably require. The partial 
exemption list was established in 2003 (Ref. 11) and can be found in 40 
CFR 711.6.

D. What are the impacts of this action?

    There are no costs associated with this action and the benefits 
provided are related to avoiding potential costs. This partial 
exemption eliminates an existing reporting requirement without imposing 
any new requirements. See also the discussion in Unit V.

E. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(defined by statute at 15 U.S.C. 2602(7) to include import) the 
chemical substances contained in this direct final rule. The North 
American Industrial Classification System (NAICS) codes provided here 
are not intended to be exhaustive, but rather provide a guide to help 
readers determine whether this document applies to them. Potentially 
affected entities may include chemical manufacturers subject to CDR 
reporting of one or more subject chemical substances (NAICS codes 325 
and 324110), e.g., chemical manufacturing and petroleum refineries.

F. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit CBI to EPA through regulations.gov 
or email. Clearly mark the part or all of the information that you 
claim to be CBI. For CBI information in a disk or CD-ROM that you mail 
to EPA, mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Direct Final Rule Procedures

    EPA is issuing this partial exemption as a direct final rule 
because it views this as a non-controversial action and anticipates no 
adverse comment. This direct final rule allows for comments to be 
submitted on or before December 10, 2014. In any comment submitted, 
please specify whether the comment is adverse and whether it applies to 
a certain chemical substance or chemical substances or all of the 
chemical substances in the direct final rule.
    If EPA receives timely adverse comment, we will publish a 
withdrawal in the Federal Register informing the public that the 
amendments related to the adverse comment will not take effect. At that 
time, EPA may also issue a notice of proposed rulemaking respecting the 
addition of one or more of these chemical substances to the list of 
chemical substances that are exempt from reporting the information 
described in 40 CFR 711.15(b)(4).
    If EPA does not receive any timely adverse comment, this 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.'' That 
provision enables the public to petition EPA to add or remove a 
chemical substance to

[[Page 66657]]

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: D-fructose (CASRN 57-48-
7); 1,2,3-propanetricarboxylic acid, 2-hydroxy-, sodium salt (1:3) 
(CASRN 68-4-2); 1,2,3-propanetricarboxylic acid, 2-hydroxy-(CASRN 77-
92-9); 1,2,3-propanetricarboxylic acid, 2-hydroxy-, potassium salt 
(1:3) (CASRN 866-84-2); corn, steep liquor (CASRN 66071-94-1); and 
soybean oil, epoxidized (CASRN 8013-07-8) 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 six chemical substances, including information about the chemical 
substances relevant to the considerations defined at 40 CFR 
711.6(b)(2)(ii). EPA's chemical substance-specific analysis is detailed 
in supplementary documents available in the docket under docket ID 
number EPA-HQ-OPPT-2014&0347 (Refs. 5, 6, 7, 8, 9, and 10).

V. Economic Impacts

    EPA has evaluated the economic consequences associated with 
amending the CDR partially exempt chemical substances list. Since this 
direct final rule creates a partial exemption from CDR reporting, 
without creating any new reporting or recordkeeping requirements, this 
action does not impose any new burden. Based on the currently approved 
Information Collection Request (ICR), the burden estimates for 
reporting processing and use information are 65.63 hours per 
submission. Based on 2012 CDR reporting, EPA estimates that 91 
submissions with manufacture volumes of 25,000 pounds or greater will 
be received for these 6 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 5,972 hours and $368,277 in future reporting cycles 
(Ref. 12).

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, April 9, 2014. Docket ID 
number EPA-HQ-OPPT-2014-0347, regarding request for exemption of 
Epoxidized Soybean Oil from TSCA Chemical Data Reporting (CDR) 
processing and use information reporting requirements in 2016.
2. Letter from Herbert Estreicher, Esq., Keller and Heckman LLP, to 
OPPT CDR Submission Coordinator, April 21, 2014. Docket ID number 
EPA-HQ-OPPT-2014-0347, regarding request for exemption of Citric 
Acid, Trisodium Citrate and Tripotassium Citrate from TSCA Chemical 
Data Reporting (CDR) processing and use information reporting 
requirements in 2016.
3. Letter from Herbert Estreicher, Esq., Keller and Heckman LLP, to 
OPPT CDR Submission Coordinator, April 21, 2014. Docket ID number 
EPA-HQ-OPPT-2014-0347, regarding request for exemption of Fructose 
from TSCA Chemical Data Reporting (CDR) processing and use 
information reporting requirements in 2016.
4. Letter from Herbert Estreicher, Esq., Keller and Heckman LLP, to 
OPPT CDR Submission Coordinator, April 21, 2014. Docket ID number 
EPA-HQ-OPPT-2014-0347, regarding request for exemption of Corn Steep 
Liquor from TSCA Chemical Data Reporting (CDR) processing and use 
information reporting requirements in 2016.
5. EPA, OPPT. 1,2,3-Propanetricarboxylic acid, 2-hydroxy-(CASRN 77-
92-9) Partial Exemption Analysis. October 2014.
6. EPA, OPPT. 1,2,3-Propanetricarboxylic acid, 2-hydroxy-, sodium 
salt (1:3) CASRN 68-04-2) Partial Exemption Analysis. October 2014.
7. EPA, OPPT. 1,2,3-Propanetricarboxylic acid, 2-hydroxy-, potassium 
salt (1:3) (CASRN 866-84-2) Partial Exemption Analysis. October 
2014.
8. EPA, OPPT. D-Fructose (CASRN 57-48-7) Partial Exemption Analysis. 
October 2014.
9. EPA, OPPT. Corn, steep liquor (CASRN 66071-94-1) Partial 
Exemption Analysis. October 2014.
10. EPA, OPPT. Soybean oil, epoxidized (CASRN 8013-07-8). Partial 
Exemption Analysis. October 2014.
11. EPA. TSCA Inventory Update Rule Amendments; Final Rule. Federal 
Register (68 FR 848, January 7, 2003) (FRL-6767-4).
12. EPA, OPPT. Cost Savings Estimate of Adding Six Chemicals to the 
40 CFR 711.6(b)(2)(iv) List of Chemical Substances. July 22, 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 substantial number of small entities under RFA, 5 U.S.C 601 
et seq. In

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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 CDR under TSCA, State, local, and Tribal 
governments are not engaged in the activities that would require them 
to report chemical data under 40 CFR part 711.

E. Executive Order 13132: Federalism

    This action would not have a substantial direct effect on States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999).

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications because it is not 
expected to have substantial direct effects on Indian Tribes. This 
action does not significantly or uniquely affect the communities of 
Indian Tribal governments, nor involve or impose any requirements that 
affect Indian Tribes. Accordingly, the requirements of Executive Order 
13175 (65 FR 67249, November 9, 2000) do not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because this action does not address environmental 
health or safety risks disproportionately affecting children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355, 
May 22, 2001), because this action is not expected to affect energy 
supply, distribution, or use.

I. National Technology Transfer Advancement Act (NTTAA)

    Since this action does not involve any technical standards, NTTAA 
section 12(d), 15 U.S.C. 272 note, does not apply to this action.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. As such, this action does not entail special 
considerations of environmental justice related issues as delineated by 
Executive Order 12898 (59 FR 7629, February 16, 1994).

 VIII. Congressional Review Act (CRA)

    Pursuant to 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: November 3, 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, 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
------------------------------------------------------------------------
 
                                * * * * *
57-48-7...............................  D-fructose
 
                                * * * * *
68-04-2...............................  1,2,3-Propanetricarboxylic acid,
                                         2-hydroxy-, sodium salt (1:3)
 
                                * * * * *
77-92-9...............................  1,2,3-Propanetricarboxylic acid,
                                         2-hydroxy-
 
                                * * * * *
866-84-2..............................  1,2,3-Propanetricarboxylic acid,
                                         2-hydroxy-, potassium salt
                                         (1:3)
 
                                * * * * *
8013-07-8.............................  Soybean oil, epoxidized
 
                                * * * * *
66071-94-1............................  Corn, steep liquor
 
                                * * * * *
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[FR Doc. 2014-26640 Filed 11-7-14; 8:45 am]
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