CDR Petitions

Any person may petition EPA for changes to the CDR implementing regulations using one of three methods. This webpage contains information and guidance for one of the methods, petitioning EPA under the CDR implementing regulations, specifically to change the lists of chemicals and processes associated with certain exemptions. Information about the other two methods can be found at: 

• TSCA Section 21 petitions
• Administrative Procedures Act (APA) petitions

You can see a list of previously submitted CDR-related petitions in GuideME.

• What are the types of CDR regulation petitions?
• How do I prepare and submit a petition?
• What happens to my petition once I submit it? 
• What happens if my petition is granted?
• What happens if my petition is denied?

What Are the Types of CDR Regulation Petitions?

The CDR regulations establish processes for any person to petition EPA regarding two aspects of the CDR Program:

• The list of partially exempt chemical substances. (Partial exemption petition)
• The list of processes and certain related byproduct substances that are fully exempted when the byproduct substances are recycled or otherwise used within site-limited, physically enclosed systems. (Recycled byproduct petition)

Petitions for Partial Exemption of Certain Chemicals under CDR

Any person may petition EPA to amend the list of partially exempt chemicals for which the CDR processing and use information is of “low current interest” (40 CFR 711.6(b)(2)(iv)). Manufacturers of these chemicals are exempt from reporting processing and use information required by 40 CFR 711.15(b)(4). Chemical substances are partially exempted only if EPA has determined there is low current interest in the processing and use information for that substance. The partial exemption list is specific to a chemical, not a site or a use. 

Petitions for Full Exemption of Certain Byproducts and Processes under CDR

Any person may petition EPA to amend the list of industrial processes and associated byproducts at 40 CFR 711.10(d)(1)(i) when both of the following apply:

• The byproducts are recycled or otherwise used in a site-limited (40 CFR 711.3), enclosed system that is part of the manufacturing process from which the byproduct was generated, and 
• The site is reporting the byproduct or a different chemical substance manufactured from the recycled byproduct or manufactured in the same overall manufacturing process.

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 exempt from reporting that chemical only 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 manufactured from the recycled byproduct or manufactured in the same overall manufacturing process). 

How Do I Prepare and Submit a Petition?

Preparing and Submitting a TSCA CDR Petition (pdf) (850.66 KB) provides details on both types of petition processes.  Certain aspects of these petition processes are similar or identical, as described below and in the guidance document.

Petitions must be submitted to EPA no later than 12 months before 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 for the 2028 CDR submission period are due before January 1, 2026. Petitions received in 2026 or 2027 will be considered for the 2032 CDR submission period, for which petitions are due before January 1, 2030.