TSCA Chemical Data Reporting: Preparing and Submitting a Petition
In August 2021, EPA published a Federal Register Notice announcing the availability of guidance on the two petition processes applicable to the TSCA CDR regulations.
This document provides guidance on Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule requirements related to its applicable petition processes, specifically for:
- Full exemption of byproduct substances that are recycled or otherwise used within site-limited, physically enclosed systems (40 CFR 711.10(d)(1)) and
- Partial exemption of chemicals for which the CDR processing and use information has been determined to be of “low current interest” by the Agency (40 CFR 711.6(b)(2)).
This guidance includes information on:
- The procedure for submitting a petition including the regulatory requirements and deadlines
- The requirements and/or considerations of both types of petition processes
- The types of information petitioners could provide to EPA that may help demonstrate that exemption criteria and the requirements and/or considerations are met
- How to submit confidential information and assert a confidentiality claim in a petition
The primary goal of this document is to help the regulated community comply with the CDR rule requirements in relation to its applicable petition processes. This document does not substitute for that rule, nor is it a rule itself. It does not impose legally binding requirements on the regulated community or on the U.S. Environmental Protection Agency (EPA).