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April 3, 2015

EPA Withdraws Direct Final Rule Exempting Six Biobased Chemicals From CDR


On March 30, 2015, the U.S. Environmental Protection Agency (EPA) withdrew
a Direct Final Rule for Partial Exemption of Certain Chemical Substances from
Reporting Additional Chemical Data
. The direct final rule, issued
in January 2015, would have exempted manufacturers of six biobased diesel
chemicals from reporting processing and use information for the compounds under
the Chemical Data Reporting (CDR) rule. It resulted from a regulatory petition
filed by the Biobased and Renewable Advocacy Group (BRAG®). The EPA
decision to withdraw the rule was in response to a single comment posted during
the short comment period.

Kathleen Roberts, BRAG’s Executive Director, stated: “Albeit
disappointing, the response is not unexpected given the strict procedures
associated with direct final rules. EPA has stated it plans to proceed with a
proposed rulemaking to list the chemicals soon and we will urge them to move as
quickly as possible. Our hope is EPA can complete the rulemaking process in
time for the next reporting CDR cycle, which starts in June 2016.”

Until the new rule is completed, manufacturers of the six affected
biobased diesel chemicals should be prepared to submit processing and use
information under the CDR in 2016.