CDR Petitions
Overview
Specific to CDR, two separate petition processes exist for making amendments to: 1) the list of partially exempt chemical substances (40 CFR 711.6(b)(2)(iv)) or 2) the list of processes and certain related byproduct substances (40 CFR 711.10(d)(1)(i)) that are fully exempted when they are recycled or otherwise used within site-limited, physically enclosed systems.
Petitions must be submitted to EPA no later than 12 months prior to the start of the next principal reporting year.
- For example, petitions to amend the list of partially exempt chemicals or exempt industrial processes and associated byproducts (respectively at 40 CFR 711.6(b)(2)(iv) and 40 CFR 711.10(d)(1)(i)) for the 2028 CDR submission period are due before January 1, 2026.
A petition may be submitted by any person, regardless of whether the person manufactures, imports, or uses the chemical, or is otherwise interested in the chemical.
Petitions for Partial Exemption of Certain Chemicals under CDR
EPA maintains a list of partially exempt chemicals for which the CDR processing and use information is of “low current interest” at 40 CFR 711.6(b)(2)(iv). Manufacturers of these listed chemicals are exempt from reporting the processing and use information required by 40 CFR 711.15(b)(4). Chemical substances are included on this list only if EPA has determined that there is low current interest in the processing and use information for that substance. The public may petition EPA to amend this list of partially exempt chemical substances.
Note: The partial exemption listing is chemical-specific, not site- or use-specific. Therefore, when a chemical is listed under the partial exemption in 40 CFR 711.6(b)(2), all manufacturers (including importers) are exempt from reporting the processing and use information required under 40 CFR 711.15(b)(4) for the listed chemical substance.
View the list of chemicals for which CDR processing and use reporting is not required.
Petitions for Full Exemption of Certain Byproducts and Processes under CDR
The public may petition EPA to make amendments to the list of industrial processes and associated byproducts at 40 CFR 711.10(d)(1)(i) when those byproducts are recycled or otherwise used in a site-limited (40 CFR 711.3), enclosed system that is part of the manufacturing processing from which the byproduct was generated, and the site is reporting the byproduct or a different chemical substance that was manufactured from the recycled byproduct or manufactured in the same overall manufacturing process.
Note: This exemption listing is chemical, process, AND site-specific, not just chemical-specific. In other words, when a chemical and process are listed at 40 CFR 711.10(d)(1)(i), manufacturers (including importers) are only exempt from reporting that chemical when meeting the criteria at 40 CFR 711.10(d)(1) (the chemical is a byproduct substance, is recycled or otherwise used within site-limited, physically enclosed systems, and the site is reporting a chemical substance that was manufactured from the recycled byproduct or manufactured in the same overall manufacturing process).
Petition Guidance
See the associated guidance document, Preparing and Submitting a Petition, for further details on both types of petition processes and examples of the types of information petitioners could provide to EPA that may help demonstrate that exemption criteria and the requirements and/or considerations are met (Part II. Section 2. and Part III. Section 2., specifically). Note: Certain procedural aspects of these petition processes are similar or identical, as described below and in the guidance document.
What happens to my petition once I submit it?
EPA has established a process for reviewing petitions. There are several steps in this review process and, at any place in this process, EPA may contact the petitioner for clarification or additional information. The petitioner may also submit additional information relevant to the petition at any time before EPA issues a final decision.
In making its determination of whether a partial exemption should apply to a particular chemical substance or if a full exemption should apply to a specific process and byproduct substance combination, EPA will consider the information submitted and the totality of information available for the chemical substance in question or for the process and related byproduct substance in question, including but not limited to, respectively, the considerations listed at § 711.6(b)(2)(ii) or the requirements and considerations listed at § 711.10(d)(1)(ii)(B) and (C).
EPA plans to establish a docket for each petition. Information that is submitted to EPA in connection with the petition would be placed in this docket, along with other information such as the petition review report and information that is exchanged with you as the petition submitter. If submitted information contains content that is claimed as confidential business information, the petitioner must submit a redacted version that can be placed in the public record (Part IV. Section 1. of the guidance document provides additional information on asserting a confidentiality claim when submitting a petition).
What happens if my petition is granted?
After granting a petition, the Agency will initiate rulemaking to make revisions to the list of partially exempt substances at 40 CFR 711.6(b)(2)(iv) or the list of exempt processes and related byproduct substances at 40 CFR 711.10(d)(1)(i). This rulemaking could be a rule specific to a particular petition or done in combination with another rule (i.e., before the next reporting cycle).
What happens if my petition is denied?
Upon denying a petition, the Agency will send a final response to the petitioner and place the denial in a public docket. Any subsequent petition for the same substance or process must clearly indicate new information contained in the request. It would be helpful to also indicate specific information that may change the previous determination.
Recent responses to petitions for changes to the partially exempt chemicals list
- May 30, 2019 – The Aluminum Association petitioned to add Aluminum (Chemical Abstract Services Registry Number (CASRN) 7429-90-5) and Aluminum oxide (Al2O3) (CASRN 1344-28-1) to the list of chemical substances that are partially exempt from reporting additional information. EPA denied the petitions after considering the totality of information available during the review of the petitions and identifying current interest in the CDR processing and use information for both aluminum and aluminum oxide. The Agency's reports further explain the review of these petitions. Read the Aluminum Association’s petitions, EPA’s petition review reports, and EPA’s response to the petitions, which are also included in docket number EPA-HQ-OPPT-2019-0224 at www.regulations.gov.
- March 22, 2016 – EPA amended the list of chemical substances that are partially exempt from reporting additional information by adding six chemicals in response to a petition the Agency received. The chemicals are Fatty acids, C14-18 and C16-18 unsaturated, methyl esters (CASRN) 67762-26-9); Fatty acids, C16-18 and C-18 unsaturated, methyl esters (CASRN 67762-38-3); Fatty acids, canola oil, methyl esters (CASRN 129828-16-6); fatty acids, corn oil, methyl esters (CASRN 515152-40-6); Fatty acids, tallow, methyl esters (CASRN 61788-61-2); and Soybean oil, methyl esters (CASRN 67784-80-9). Read the Federal Register notice.
- November 10, 2014 – EPA amended the list of chemical substances that are partially exempt from reporting additional information by adding six chemicals in response to a petition the Agency received. The chemicals are D-Fructose (CASRN 57-48-7); 1,2,3-Propanetricarboxylic acid, 2-hydroxy-, sodium salt (1:3) (CASRN 68-04-2); 1,2,3-Propanetricarboxylic acid, 2-hydroxy- (CASRN 77-92-9); 1,2,3-Propanetricarboxylic acid, 2-hydroxy-, potassium salt (1:3) (CASRN 866-84-2); Corn, steep liquor (CASRN 66071-94-1); and Soybean oil, epoxidized (CASRN 8013-07-8). Read the Federal Register notice.
- June 19, 2014 – EPA amended the list of chemical substances that are partially exempt from reporting additional information by adding three chemicals in response to a petition the Agency received. The chemicals are 1,3-Propanediol (CASRN 504-63-2); Oils, palm kernel (CASRN 8023-79-8); and Bentonite, (acid leached) (CASRN 70131-50-9). Read the Federal Register notice.
Other petitions
- July 13, 2016 - The American Forest & Paper Association (AFPA) petitioned for a full exemption from CDR reporting for the following four pulping chemicals:
- Sulfite liquors and Cooking liquors, white (CASRN 68131-33-9) (white liquor)
- Sulfite liquors and Cooking liquors, spent (CASRN 66071-92-9) (black liquor)
- Sulfite liquors and Cooking liquors, spent, oxidized (CASRN 68514-09-0) (black liquor, oxidized)
- Sulfite liquors and Cooking liquors, green (CASRN 68131-30-6) (green liquor). Read the petition.
Although EPA has procedures in place for partially exempting chemicals from certain reporting obligations under section 8(a), AFPA indicates that a “partial exemption would not result in relief for the pulp and paper industry.” Therefore, this petition was handled under the Administrative Procedures Act. Read EPA’s response to the petition. The petition and EPA’s response to the petition are in docket number EPA-HQ-OPPT-2016-0383 at www.regulations.gov.