Section 705.22 - Duplicative reportingAny person covered in this part may notify EPA through the electronic reporting system in § 705.35 that certain information has already been submitted to EPA, and any such person does not need to re-submit the information. The notification must include the statutory and regulatory provision under which the information was submitted and in which year it was submitted. This ability is limited to the type of information listed in this section. If the previous submission did not account for all information required to be submitted pursuant to this part (e.g., due to exemptions inapplicable to this part), then the person may not rely on that prior submission to satisfy the reporting requirements of this part.
(a)Chemical Data Reporting rule. If a person identified in § 705.10 has already reported certain information in § 705.15 to EPA pursuant to the Chemical Data Reporting rule at 40 CFR part 711, then duplicative reporting of that information is not required of the years for which the information has already been reported. Such information that may potentially be duplicative under this part is limited to:(1)Chemical description. Physical state of the chemical or mixture containing a chemical substance, pursuant to 40 CFR 711.15(b)(3)(C)(ix) .(2)Sector description. Industrial processing and use type, sector(s), functional category(ies), and percent of production volume for each use, pursuant to 40 CFR 711.15(b)(4)(i)(A) through (D) .(3)Product category. Consumer and/or commercial indicator, product category(ies), functional category(ies), percent of production volume for each use, indicator for use in products intended for children, and maximum concentration in the product, pursuant to 40 CFR 711.15(b)(4)(ii)(A) through (F) .(4)Workers. Number of workers reasonably likely to be exposed for each combination of industrial processing or use operation, sector, and function, pursuant to 40 CFR 711.15(b)(4)(i)(F) , and the number of commercial workers reasonably likely to be exposed when the substance is used in a commercial product, pursuant to 40 CFR 711.15(b)(4)(ii)(G) .(5)Volume. Production volume, both domestically manufactured and imported, an indicator for the imported chemical never physically at site, and the volume directly exported, pursuant to 40 CFR 711.15(b)(3)(iii) through (v) .(b)Greenhouse Gas Reporting rule. If a person identified in § 705.10 has already reported certain information in § 705.15 to EPA pursuant to the Greenhouse Gas Reporting rule at 40 CFR part 98, then duplicative reporting of that information is not required of the years for which the information has already been reported. Such information that may potentially be duplicative under this part is limited to: (1)Imported. Production volume (imported), pursuant to 40 CFR 98.416(c)(1) and (2) .(2)Exported. Volume directly exported, pursuant to 40 CFR 98.416(d)(1) .(3)Incinerated. Total volume incinerated on-site, pursuant to 40 CFR part 98.(c)Toxics Release Inventory reporting rule. If a person identified in § 705.10 has already reported certain information in § 705.15 to EPA pursuant to the Toxics Release Inventory reporting rule at 40 CFR part 372, then duplicative reporting of that information is not required of the years for which the information has already been reported. Such information that may potentially be duplicative under this part is limited to:(1)Recycled. Total volume recycled on-site, pursuant to 40 CFR 372.85(b)(16) .(2)Disposal. Description of disposal process(es), pursuant to 40 CFR 372.85(b)(14) and (15) .(3)Release to land. Total volume released to land, pursuant to 40 CFR 372.85(b)(14)(i)(D) and (E) .(4)Release to water. Total volume released to water, pursuant to 40 CFR 372.85(b)(14)(i)(C) .(5)Release to air. Total volume released to air, pursuant to 40 CFR 372.85(b)(14)(i)(A) and (B) .(6)Incinerated. Total volume incinerated on-site, pursuant to 40 CFR 372.85(b)(16) .(d)TSCA sections 8(d) and 8(e) reporting. If a person identified in § 705.10 has already reported certain information in § 705.15(f) to EPA, then duplicative reporting of that information is not required of the years for which the information has already been reported. Such information that may potentially be duplicative under this part is limited to health and safety studies submitted pursuant to TSCA section 8(d), notification of substantial risks pursuant to TSCA section 8(e), or other information concerning environmental and health effects of the PFAS.(e)Byproduct reporting. If a person identified in § 705.10 must report byproducts information pursuant to § 705.15(e) , and those byproducts are also PFAS that are reported independently pursuant to this part, then duplicative reporting of the environmental releases as byproducts is not required. Such information that may potentially be duplicative is limited to:(1)Incineration. An indication of whether the byproduct is released to the environment, and if so, the environmental medium to which it is released (i.e., air, water, land), pursuant to § 705.15(e)(2) .(2)Byproduct volume. For each year, the byproduct volume (in pounds) released to the environment, pursuant to § 705.15(e)(3) .(f)Environmental and health effects information. If a person identified in § 705.10 has already reported the information in § 705.15(f) to EPA, then duplicative reporting of that information is not required, except to the extent required by to § 705.30 . The notification required by this paragraph (f) must also include the EPA office (e.g., EPA region or Headquarters Office) and case number or other identifier for the prior submission.(g)Reporting timeframe. Any person covered in this part must report all information to EPA in § 705.15 for each year since January 1, 2011, in which that person manufactured a chemical substance that is a PFAS or a mixture containing a PFAS. If a person has already reported any of the data elements identified in paragraph (a) of this section, but not for all years since 2011, then that person must submit the required information for the intervening years. If a person has already reported any of the data elements identified in paragraph (a), (b), or (c) of this section, and the previous submissions did not account for all activities that are reportable under this part due to exemptions or thresholds that do not apply to this part, then that information is not considered duplicative reporting, and the person must submit information for that data element responsive to this part.