Notice2023-13254
Announcing the 2024 Chemical Data Reporting Submission Period
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
June 22, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is announcing the start of the 2024 submission period for the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule. The CDR rule requires manufacturers (including importers) of chemical substances on the TSCA Inventory above an applicable regulatory threshold to report to EPA, every four years, information concerning the manufacturing, processing, and use of such chemical substances, unless exempt from this requirement under the CDR rule. For the 2024 submission period, manufacturers (including importers) are subject to the reporting requirements based on manufacturing (including importing) activities conducted during the calendar years 2020 through 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 119 (Thursday, June 22, 2023)</title>
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[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40816-40818]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-13254]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2023-0316; FRL-10264-01-OCSPP]
Announcing the 2024 Chemical Data Reporting Submission Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA) is announcing the
start of the 2024 submission period for the Toxic Substances Control
Act (TSCA) Chemical Data Reporting (CDR) rule. The CDR rule requires
manufacturers (including importers) of chemical substances on the TSCA
Inventory above an applicable regulatory threshold to report to EPA,
every four years, information concerning the manufacturing, processing,
and use of such chemical substances, unless exempt from this
requirement under the CDR rule. For the 2024 submission period,
manufacturers (including importers) are subject to the reporting
requirements based on manufacturing (including importing) activities
conducted during the calendar years 2020 through 2023.
DATES: The 2024 submission period is from June 1, 2024, to September
30, 2024.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2023-0316, is available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional instructions on visiting the
docket, along with more information about dockets generally, is
available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>. For the latest status
information on EPA/DC services and docket access, visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Susan Sharkey, Data Gathering and
Analysis Division (7406M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: 202-564-8789; email address:
<a href="/cdn-cgi/l/email-protection#e0938881928b8599ce939593818ea0859081ce878f96"><span class="__cf_email__" data-cfemail="a1d2c9c0d3cac4d88fd2d4d2c0cfe1c4d1c08fc6ced7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by this action if you manufacture
(including import) chemical substances listed on the TSCA Chemical
Substance Inventory. The following list of North American Industrial
Classification System (NAICS) codes is not intended to be exhaustive,
but rather provides a guide for readers to determine whether this
document applies to them. Potentially affected entities include but are
not limited to:
<bullet> Chemical manufacturers (including importers) (NAICS codes
325 and 324110, e.g., chemical manufacturing and processing and
petroleum refineries).
<bullet> Chemical users and processors who may manufacture a
byproduct chemical substance (NAICS codes 22, 322, 331, and 3344, e.g.,
utilities, paper manufacturing, primary metal manufacturing, and
semiconductor and other electronic component manufacturing).
Other types of entities not included could also be affected. To
determine whether your entity is affected by this action, you should
carefully examine the applicability criteria found in 40 CFR 711. If
you have questions regarding the applicability of this action to a
particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.
B. What is the Agency's authority for taking this action?
The CDR rule is required by section 8(a) of the Toxic Substances
Control Act (TSCA), 15 U.S.C. 2607(a).
C. What action is the Agency taking?
EPA is reminding the public of the upcoming 2024 CDR submission
period, for which reporting is due between June 1, 2024, and September
30, 2024. The CDR rule requires manufacturers (including importers) of
chemical substances on the TSCA Inventory above an applicable
regulatory threshold to report to EPA, every four years, information
concerning the manufacturing, processing, and use of such chemical
substances, unless exempt from this requirement under the CDR rule.
For the 2024 submission period, manufacturers (including importers)
are subject to the reporting requirements based on manufacturing
(including importing) activities conducted during the calendar years
2020 through 2023. The determination of the need to report is based on
production volume during any calendar year since the last principal
reporting year. As an example, for the 2024 CDR, the last principal
reporting year would be 2019.
II. Background
A. What is CDR?
Under the CDR rule (40 CFR part 711), EPA collects basic exposure-
related information including information on the types, quantities and
uses of chemical substances produced domestically and imported into the
United States. The CDR database constitutes the most comprehensive
source of basic screening-level, exposure-related information on
chemicals available to EPA, and is used by the Agency to protect the
public from potential chemical risks.
The information is collected every four years from manufacturers
(including importers) of certain chemicals in commerce generally when
production volumes for the chemical are 25,000 lbs or greater for a
specific reporting year. Collecting the information every four years
assures that EPA and (for non-confidential data) the public have access
to up-to-date information on chemicals.
[[Page 40817]]
B. What chemicals are covered under CDR?
Reporting is required for all chemical substances listed on the
TSCA Inventory as of June 1, 2024, other than polymers, microorganisms,
naturally occurring chemical substances, water, and certain forms of
natural gas (40 CFR 711.5 and 711.6) when manufacture (including
import) of those chemical substances otherwise triggers the reporting
requirements. Chemical substances (other than naturally occurring
chemical substances) that are the subject of any of the following TSCA
actions are not eligible for partial or full exemptions: proposed or
promulgated rules under TSCA sections 4, 5(a)(2), 5(b)(4), or 6, an
enforceable consent agreement (ECA) developed under the procedures of
40 CFR part 790, an order issued under TSCA sections 4, 5(e), or 5(f),
or relief that has been granted under a civil action under TSCA
sections 5 or 7 (40 CFR 711.6).
C. What are the reporting thresholds for reporting entities?
You are subject to CDR reporting if you manufactured (including
imported) a chemical substance above the applicable production volume
at any single site you owned or controlled during any calendar year
since the last CDR principal reporting year (i.e., during any of the
calendar years 2020 through 2023). Note that if you trigger the need to
report in any one year, you are required to report for all four years.
The reporting threshold is generally 25,000 lb; however, the
threshold is 2,500 lb (1,134 kg) for any person who manufactured a
chemical substance that is the subject of a rule proposed or
promulgated under TSCA sections 5(a)(2), 5(b)(4) or 6; an order issued
under TSCA sections 4, 5(e) or 5(f); or relief that has been granted
under a civil action under TSCA sections 5 or 7. The effects of these
TSCA actions on CDR reporting are assessed based on the status of the
chemical substance as of the beginning of the submission period (40 CFR
711.8(b) and 40 CFR 711.15).
Small manufacturers meeting the definition at 40 CFR 704.3 are
exempt from CDR requirements unless they manufacture (including import)
2,500 lb or more of a chemical substance that is the subject of a rule
proposed or promulgated under sections 4, 5(b)(4), or 6 of TSCA, or is
the subject of an order in effect under sections 4 or 5(e) of TSCA, or
is the subject of relief that has been granted under a civil action
under sections 5 or 7 of TSCA (40 CFR 711.9 and TSCA section
8(a)(3)(A)(ii)).
III. Reminders
A. How to report?
All reporting companies must report CDR data electronically, using
e-CDRweb, the CDR web-based reporting tool, and EPA's Central Data
Exchange (CDX) system available at: <a href="https://cdx.epa.gov/">https://cdx.epa.gov/</a>. Prior to
submitting data, submitters must register with CDX.
Visit the CDR website available at: <a href="https://www.epa.gov/cdr">https://www.epa.gov/cdr</a> for
program updates and announcements; Instructions for Reporting and other
guidance materials; and contact information for technical assistance.
EPA is updating guidance materials ahead of the 2024 CDR reporting
cycle and plans to publish a consolidated guidance website to improve
access to all of the CDR guidance. However, existing content ahead of
any such updates is generally applicable to the 2024 CDR reporting
cycle.
EPA intends to host a webinar to enable a preview of the updated
CDR reporting tool in the Fall of 2023 and expects to conduct beta-
testing of the reporting tool following the webinar. Entities that are
interested in participating in beta testing can inform EPA by sending
an email to <a href="/cdn-cgi/l/email-protection#cda88e899fbaa8af8da8bdace3aaa2bb"><span class="__cf_email__" data-cfemail="3257717660455750725742531c555d44">[email protected]</span></a> with the subject heading ``2024 CDR beta
testing'' either now or following the webinar. EPA will announce the
date and access information for the webinar through a number of venues.
EPA will seek to incorporate improvements from this testing prior to
the official submission period. The Agency has previously incorporated
feedback from industry to improve the reporting tool and intends to
provide this opportunity once again.
B. What is new for 2024 CDR reporting?
For reporting during the 2024 and future submission periods,
submitters are required to use for all chemical substances the OECD-
based codes that were partially implemented for the 2020 CDR, as a
result of the TSCA CDR Revisions Rule (85 FR 20122 April 9, 2020 (FRL-
10005-56). These codes are listed in column A of the tables in the
regulatory text 40 CFR 711.15(b)(4)(i)(C)(2) and 40 CFR
711.15(b)(4)(ii)(A)(2)) and in the Instructions for Reporting, Appendix
D. Otherwise, the 2024 reporting requirements are similar to the
requirements from the 2020 CDR reporting cycle, though reporting
requirements are applicable for activities conducted during the
calendar years 2020 through 2023.
C. What can you do now to prepare for your submission?
For the 2020 through 2022 reporting period, potentially affected
entities should collect chemical identity and production volume. For
2023, such entities should also collect the more detailed
manufacturing, processing and use information as required for principal
year reporting. Please keep in mind that reporting is required for all
four years if the threshold is reached in any one year (e.g., if the
threshold is reached in 2023 but not in earlier years, the production
volume information is still required to be reported for each of the
years 2020 through 2023; similarly, if the threshold is reached for
2020, 2021, or 2022, but not for 2023, then detailed reporting for 2023
would nevertheless be required, unless the 2023 production volume is
zero).
EPA encourages potentially affected entities who have not already
started to collect information to support CDR reporting to begin
compliance determination and information collection activities. The
Agency also encourages reporting entities to confirm their accounts
with EPA's Central Data Exchange (CDX) and the CDR reporting tool (e-
CDRweb) in advance of the submission period.
If your Authorized Official has changed, you may register a new
Authorized Official to access past submissions in CDX. To help improve
the transition to a new Authorized Official, EPA encourages the use of
a transferrable email such as ``<a href="/cdn-cgi/l/email-protection#7c3d333c1f13110c1d1205121d1119521f1311"><span class="__cf_email__" data-cfemail="5a1b151a3935372a3b3423343b373f74393537">[email protected]</span></a>''. You may also
register Agents and Supports (Agent and Support Description) prior to
the opening of the CDR submission period. If there are multiple
organizations or sites listed in EPA's Facility Registry Services
(FRS), confirm that you are registering for the correct listing by
reviewing your copy of record from a past submission or by asking the
CDX help desk for assistance.
If you do not have access to your 2020 CDR or your copy of record,
you may request a copy of record by submitting a request through the
CDX TSCA communications module.
For more information, visit EPA's Chemical Data Reporting website
available at: <a href="https://www.epa.gov/cdr">https://www.epa.gov/cdr</a>. You may also obtain help by
contacting EPA's TSCA Hotline at <a href="/cdn-cgi/l/email-protection#6511160604480d0a11090c0b00250015044b020a13"><span class="__cf_email__" data-cfemail="0e7a7d6d6f2366617a6267606b4e6b7e6f20696178">[email protected]</span></a> or 202-554-1404
or by sending an email to <a href="/cdn-cgi/l/email-protection#80e5c3c4d2f7e5e2c0e5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="3055737462475552705540511e575f46">[email protected]</span></a>. For help with accessing your
CDX account, please contact the CDX help desk at <a href="https://cdx.epa.gov/contact">https://cdx.epa.gov/contact</a> or (888) 890-1995 (for international callers: (970) 494-5500).
[[Page 40818]]
Authority: 15 U.S.C. 2607(a).
Dated: June 16, 2023.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2023-13254 Filed 6-21-23; 8:45 am]
BILLING CODE 6560-50-P
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