June 22, 2023

Volume XIII, Number 173

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EPA Announces 2024 CDR Deadlines

On June 22, 2023, the U.S. Environmental Protection Agency (EPA) announced that the 2024 submission period for the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule is from June 1, 2024, to September 30, 202488 Fed. Reg. 40816. 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.

EPA states that potentially affected entities include but are not limited to:

  • Chemical manufacturers (including importers) (North American Industrial Classification System (NAICS) codes 325 and 324110, e.g., chemical manufacturing and processing and petroleum refineries); and

  • 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).

EPA states that 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 C.F.R. Sections 711.5 and 711.6) when manufacture (including import) of those chemical substances otherwise triggers the reporting requirements. EPA notes that 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 C.F.R. 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 C.F.R. Section 711.6).

According to EPA’s June 21, 2023, press release, updated guidance documents on submitting information to the CDR database will be available in fall 2023. EPA states that helpful information about prior CDR reporting cycles is available on the CDR website.

©2023 Bergeson & Campbell, P.C.National Law Review, Volume XIII, Number 173
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About this Author

Lynn Bergeson, Campbell PC, Toxic Substances Control Act Attorney, federal insecticide lawyer, industrial biotechnology legal counsel, Food Drug Administration law
Managing Partner

Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy process allows her to develop client-focused strategies whether...

202-557-3801
Carla Hutto, Bergeson Campbell PC environmental law regulatory analyst,Toxic Substances Control Act law attorney
Regulatory Analyst

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C's clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends. She authors memoranda for B&C clients on regulatory and legislative developments, providing information that is focused, timely and applicable to...

202-557-3809