[Federal Register Volume 88, Number 119 (Thursday, June 22, 2023)]
[Notices]
[Pages 40816-40818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
https://www.regulations.gov. Additional instructions on visiting the 
docket, along with more information about dockets generally, is 
available at https://www.epa.gov/dockets. For the latest status 
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

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: 
[email protected].

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:
     Chemical manufacturers (including importers) (NAICS codes 
325 and 324110, e.g., chemical manufacturing and processing and 
petroleum refineries).
     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: https://cdx.epa.gov/. Prior to 
submitting data, submitters must register with CDX.
    Visit the CDR website available at: https://www.epa.gov/cdr 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 [email protected] 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 ``[email protected]''. 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: https://www.epa.gov/cdr. You may also obtain help by 
contacting EPA's TSCA Hotline at [email protected] or 202-554-1404 
or by sending an email to [email protected]. For help with accessing your 
CDX account, please contact the CDX help desk at https://cdx.epa.gov/contact 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


