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July 24, 2015

Proposed Rule Exempts Six Biobased Chemicals From Additional CDR Requirements

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On July 22, 2015, EPA announced a proposed rule for the Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data. If enacted, this rule will exempt the following six biobased chemicals from reporting additional information under the Chemical Data Reporting (CDR) rule:

Fatty acids, C14-18 and C16-18 unsaturated, methyl esters (Chemical Abstracts Service 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).

EPA originally proposed this exemption as a direct final rule in February 2015 in response to a 2014 petition by the Biobased and Renewable Products Advocacy Group (BRAG®), but was forced to withdraw the rule due to a single comment EPA determined was "adverse," although that was far from clear. In any event, BRAG is thrilled the proposed rule has been issued, and hopes it will be issued in final soon. Comments on the newly proposed rule, including the single adverse comment from the previous rule, will be considered after the 60-day comment period has expired. Comments are due by September 21, 2015.