By Lynn L. Bergeson and Carla N. Hutton
On August 23, 2021, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comment on guidance on two petition processes applicable to the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations. 86 Fed. Reg. 47102. The guidance covers petitions for full exemption of byproduct substances that are recycled or otherwise used within site-limited, physically enclosed systems and petitions for partial exemption of chemicals for which the CDR processing and use information has been determined to be of “low current interest” by EPA. EPA states that the guidance “is designed to elucidate the process and requirements of CDR-specific petitions and is consistent with both existing regulations and guidance.” The CDR regulations require manufacturers (including importers) of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report data on the manufacturing, processing, and use of the chemical substances. According to EPA, the guidance identifies and clarifies examples of the types of information submitters can provide to EPA in support of petitions for full or partial exemption from CDR rule requirements. EPA expects the guidance to make the requirements and process of submitting a CDR-specific petition “more comprehensible,” enabling petitioners to determine if a petition is appropriate and to provide better a petition containing the information needed for EPA to reach a determination. Comments on the guidance are due December 21, 2021.