What happens every four years and is coming up again in November 2020?
Hint: It’s not the US Presidential election…
If you guessed Chemical Data Reporting (CDR) or “Form U” reporting required under the Toxic Substances Control Act (TSCA)—you’re right!
On April 9, 2020, EPA extended the CDR reporting date to November 30,
giving chemical manufacturers two additional months to get their reports in. Normally, these reports are due by September 30.
The window to submit CDR reports opens on June 1, 2020.
Who Must Submit the TSCA CDR?
Any site that manufactured (or imported) for commercial purposes 25,000 lbs. or more of any chemical substance on the TSCA Inventory during any single year since the previous reporting year is subject to the upcoming reporting requirement.
The CDR reporting trigger is:
- site-specific (companies with several sites manufacturing or importing the same chemical do not add individual sites together)
- chemical-specific (sites that manufacture more than one chemical do not add different chemicals together)
- year-specific (sites that manufactured the chemical in any of the reporting years do not add the four years together)
There is a lower trigger of 2,500 lbs. or more for any person who manufactures (or imports) for commercial purposes any chemical substance that is subject to a Significant New Use Rule (SNUR), a chemical management standard promulgated under TSCA §6, or a civil action for seizure or relief under TSCA §7.
Import = Manufacture
As is standard under TSCA, “importing” is considered to be “manufacturing” for the purposes of the CDR. If you are the importer of record bringing the substance into the Customs Territory of the United States, in the EPA’s eyes you are the manufacturer of that chemical. The Customs Territory is defined as the 50 states, the District of Columbia, and Puerto Rico.
Exclusions to TSCA Form U or CDR Reporting
There are numerous exclusions from CDR requirements, including:
- anything specifically excluded from being a chemical substance under TSCA by the statutory definition (which includes pesticides, nuclear material, tobacco products, food, drugs, and cosmetics registered under other regulatory programs)
- small quantities manufactured for research and development
- substances imported as part of an article
- byproducts with no commercial chemical purpose
- substances resulting from various chemical reactions
- non-isolated intermediates
- certain polymers
- naturally occurring chemical substances
In addition, certain petroleum process streams and inorganic chemical substances are partially excluded from CDR requirements. Small manufacturers are also excluded from the CDR unless subject to certain TSCA rules (mentioned above).
Persons subject to the CDR must submit “Form U” electronically via the e-CDRweb reporting tool in conjunction with EPA’s Central Data Exchange (CDX). The required contents of the “Form U” include:
- total volume manufactured/imported at the site
- site-limited status of chemical substances
- worker exposure information
- maximum concentration and physical form(s) for each chemical substance
For certain years, only manufacturing/importing totals are required rather than detailed calculations.
TSCA Regulations Online Course
The Toxic Substances Control Act (TSCA) is undergoing major changes. Be confident you know how the Lautenberg Law impacts your responsibilities for chemical management, inventory reporting, and recordkeeping.
The TSCA Regulations Online Course
is updated to cover throughout the year to cover new requirements that professionals in the chemical manufacturing, import/export, storage, and processing fields must know.