Notice2025-08425
Superfund Tax on Chemical Substances; Request To Modify List of Taxable Substances; Notice of Filing for Linear Nonyl UnDecyl Phthalate
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 14, 2025
Issuing agencies
Treasury DepartmentInternal Revenue Service
Abstract
This notice of filing announces that a petition has been filed requesting that linear nonyl undecyl phthalate be added to the list of taxable substances. This notice of filing also requests comments on the petition. This notice of filing is not a determination that the list of taxable substances is modified.
Full Text
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<title>Federal Register, Volume 90 Issue 92 (Wednesday, May 14, 2025)</title>
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[Federal Register Volume 90, Number 92 (Wednesday, May 14, 2025)]
[Notices]
[Pages 20553-20554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08425]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
Superfund Tax on Chemical Substances; Request To Modify List of
Taxable Substances; Notice of Filing for Linear Nonyl UnDecyl Phthalate
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of filing and request for comments.
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SUMMARY: This notice of filing announces that a petition has been filed
requesting that linear nonyl undecyl phthalate be added to the list of
taxable substances. This notice of filing also requests comments on the
petition. This notice of filing is not a determination that the list of
taxable substances is modified.
DATES: Written comments and requests for a public hearing must be
received on or before July 14, 2025.
ADDRESSES: Commenters are encouraged to submit public comments or
requests for a public hearing relating to this petition electronically
via the Federal eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(indicate public docket number IRS-2025-0045 or linear nonyl undecyl
phthalate) by following the online instructions for submitting
comments. Comments cannot be edited or withdrawn once submitted to the
Federal eRulemaking Portal. Alternatively, comments and requests for a
public hearing may be mailed to: Internal Revenue Service, Attn:
CC:PA:01:PR (Notice of Filing for Linear Nonyl UnDecyl Phthalate), Room
5203, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. All
comments received are part of the public record and subject to public
disclosure. All comments received will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided. You should submit only information that you wish to make
publicly available. If a public hearing is scheduled, notice of the
time and place for the hearing will be published in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Camille Edwards Bennehoff at (202)
317-6855 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Request To Add Substance to the List
(a) Overview. A petition was filed pursuant to Rev. Proc. 2022-26
(2022-29 I.R.B. 90), as modified by Rev. Proc. 2023-20 (2023-15 I.R.B.
636), requesting that linear nonyl undecyl phthalate be added to the
list of taxable substances under section 4672(a) of the Internal
Revenue Code (List). The petition requesting the addition of linear
nonyl undecyl phthalate to the List is based on weight and contains the
information detailed in paragraph (b) of this document. The information
is provided for public notice and comment pursuant to section 9 of Rev.
Proc. 2022-26. The publication of petition information in this notice
of filing is not a determination and does not constitute Treasury
Department or IRS confirmation of the accuracy of the information
published.
(b) Petition Content.
(1) Substance name: Linear nonyl undecyl phthalate.
(2) Petitioner: Exxon Mobil Corporation, an exporter of linear
nonyl undecyl phthalate.
(3) Proposed classification numbers:
(i) HTSUS number: 3812.20.10.00.
(ii) Schedule B number: 3812.20.0000.
(iii) CAS number: 68515-43-5.
(4) Petition filing dates:
(i) Petition filing date for purposes of making a determination:
April 8, 2025.
(ii) Petition filing date for purposes of section 11.02 of Rev.
Proc. 2022-26, as modified by section 3 of Rev. Proc. 2023-20: July 1,
2022.
(5) Description from petition: Linear nonyl undecyl phthalate is a
plasticizer used when greater low-temperature flexibility or a specific
end-use application requires unique processing. It is suitable for
flexible PVC products, and it exhibits strong low-temperature
performance and improved resistance to UV light.
Linear nonyl undecyl phthalate is made from ethylene and
orthoxylene, an isomer of the taxable chemical xylene. Taxable
chemicals constitute 69.14 percent by weight of the materials used to
produce this substance.
(6) Process identified in petition as predominant method of
production of substance: The predominant method of producing linear
nonyl undecyl phthalate is via the esterification process. The linear
nonyl undecyl phthalate di-ester is made by reacting a mix of primary
C9 alcohol and primary C11 alcohol with phthalic anhydride. The ester
is produced by esterification of 1 mole of a linear C9 alcohol and 1
mole of a linear C11 alcohol mix with one mole of phthalic anhydride in
the presence of an acidic catalyst. By using excess alcohol (up to 25%
molar excess of the alcohol mix) and removing the water, the
equilibrium is shifted towards the formation of the di-ester. The
reactants are charged into a reactor and heated up. The reaction rate
is accelerated by using, for example, tetra-n-butyl titanate introduced
at high temperature (140 [deg]C-250 [deg]C), while removing the water
formed. The final ester is purified by neutralizing with a base such as
an aqueous solution of sodium carbonate. Then excess alcohol is
distilled off using steam/nitrogen stripping after neutralization. The
remaining excess water is distilled off and the ester is then filtered
using filter agents. The degree of purity of the ester is up to >99.5
wt%.
The overall formula is C<INF>28</INF>H<INF>46</INF>O<INF>4</INF>
and the molecular weight is 446 g/mole, based on an average carbon
number of the alkyl groups, which are C9 and C11 carbons. The linear
C9/C11 alcohols are obtained through hydroformylation of Octene/Decene.
Octene/Decene is obtained through ethylene oligomerization.
Hydroformylation is the reaction of Octene/Decene, at high pressure and
temperature in the presence of a catalyst, with syngas (a mixture of
Carbon monoxide and Hydrogen). An alcohol with one carbon atom higher
versus the starting olefin is obtained, hence Octene/Decene gives
Nonanol/Undecanol. The hydroformylation induces 0.3 branches per
molecule predominantly on the 2-postion carbon of the alcohol. Phthalic
anhydride is obtained through air oxidation of orthoxylene.
The hydrogen used for these reactions is not produced from steam-
methane reforming; the source is from POx reactor, which feeds liquids,
not methane. The POx process is an industrial process that converts
hydrocarbons feeds into syngas (a combination of H<INF>2</INF> and CO
gas). The hydrocarbon feed is in the liquid state; it does not feed gas
(such as methane) or solids. The unit feeds a variety of
[[Page 20554]]
liquid hydrocarbons such as paraffins, olefins, and aromatics in the
C5-C20 range, obtained from the refinery pipestills and other chemicals
units.
(7) Stoichiometric material consumption equation, based on process
identified as predominant method of production:
9 C<INF>2</INF>H<INF>4</INF> [ethylene] + 2 CO [carbon monoxide] + 4
H<INF>2</INF> [hydrogen] + C<INF>8</INF>H<INF>10</INF> [orthoxylene] +
3 O<INF>2</INF> [oxygen] [rarr]
C<INF>28</INF>H<INF>46</INF>O<INF>4</INF> [linear nonyl undecyl
phthalate] + 4 H<INF>2</INF>O [water]
(8) Tax rate calculated by Petitioner, based on Petitioner's
conversion factors for taxable chemicals used in production of
substance:
(i) Tax rate: $7.89 per ton.
(ii) Conversion factors: 0.57 for ethylene and 0.24 for xylene.
(9) Public docket number: IRS-2025-0045.
Michael Beker,
Senior Counsel (Energy, Credits, and Excise Tax), IRS Office of Chief
Counsel.
[FR Doc. 2025-08425 Filed 5-13-25; 8:45 am]
BILLING CODE 4830-01-P
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