TSCA CDR Deadline Extended to November 30
On April 9, US EPA extended the deadline for Chemical Data Reporting (CDR) until November 30, 2020. The normal deadline is September 30 and the reporting period starts on June 1 (More details below).
Today, we're checking in on EPA's progress to implement TSCA Reform, as required by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, sometimes called LCSA, "the Lautenberg Law," or "TSCA Reform." The law gave US EPA a set of deadlines to promulgate new regulations and collect data from regulated entities.
Active/Inactive TSCA Inventory DesignationsIn October 2018, the EPA successfully divided the TSCA Master Inventory into Active and Inactive substances as required by LCSA.
Starting in August 2019, any manufacturer or importer who would like to bring an Inactive chemical back to the marketplace must submit notification to the EPA before commencing manufacturing/importing.
However, in April 2019, the US District Court of Appeals for the District of Columbia ordered the EPA to address an issue of concern related to Confidential Business Information pertaining to inactive chemicals. The EPA is still researching the issue per court order. Access the public version of the TSCA Inventory (minus any chemicals that fall under CBI protection)
Ongoing TSCA Chemical Risk EvaluationsUnder the Lautenberg Act, the EPA is tasked with evaluating the safety of existing chemicals. Part of this process is determining whether a chemical is High-Priority or Low-Priority for risk evaluation. As of the end of 2019, the EPA was required to have at least 20 High-Priority chemicals undergoing Risk Evaluation at any given time.
Risk evaluations determine whether a chemical poses an unreasonable risk to human health or the environment under normal conditions of use or not. Those that do continue on to the Risk Management step. Either way, once a chemical’s risk evaluation is completed, a new chemical is added to the High-Priority list.
Of the first 10 chemicals named High-Priority in December of 2016, most have completed Risk Evaluation or are close to completing the process:
- 1,4-dioxane: the EPA is reviewing public comment on the draft risk evaluation
- 1-bromopropane: the EPA is reviewing public comment on the draft risk evaluation
- Asbestos: draft risk evaluation released for public comment in March 2020
- Carbon Tetrachloride: draft risk evaluation released for public comment in January 2020
- Cyclic Aliphatic Bromide Cluster (HBCD): the EPA is reviewing public comment on the draft risk evaluation
- Methylene Chloride (MCL): was determined to pose rise, Risk Management Rule issued 03/19
- N-methyl-pyrrolidone (NMP): the EPA is reviewing public comment on the draft risk evaluation
- Pigment Violet 29 Anthra: was determined not to pose risk in November 2018
- Trichloroethylene: draft risk evaluation released for public comment in February 2020
- Tetrachloroethylene (aka perchloroethylene): risk evaluation still in process
Scope documents are EPA’s way of determining the extent of the risk evaluation.
13 were announced on April 9, 2020:
- 1,3-Butadiene, CASRN 106-99-0
- o-Dichlorobenzene (Benzene, 1,2-dichloro-), CASRN 95-50-1
- p-Dichlorobenzene (Benzene, 1,4-dichloro-), CASRN 106-46-7
- 1,1-Dichloroethane, CASRN 75-34-3
- 1,2-Dichloroethane, CASRN 107-06-2
- trans-1,2- Dichloroethylene (Ethene, 1,2-dichloro-, (1E)-), CASRN 156-60-5
- 1,2-Dichloropropane, CASRN 78-87-5
- Ethylene dibromide (Ethane, 1,2-dibromo-), CASRN 106-93-4
- 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB)
- 4,4'-(1-Methylethylidene)bis[2, 6-dibromophenol] (TBBPA)
- Phosphoric acid, triphenyl ester (TPP), CASRN 115-86-6
- 1,1,2-Trichloroethane, CASRN 79-00-5
- Tris(2-chloroethyl) phosphate (TCEP) (Ethanol, 2-chloro-, 1,1',1''-phosphate), CASRN 115-96-8
- Butyl benzyl phthalate (BBP), CASRN 85-68-7
- Dibutyl phthalate (DBP), CASRN 84-74-2
- Dicyclohexyl phthalate, CASRN 84-61-7
- Di-ethylhexyl phthalate (DEHP), CASRN 117-81-7
- Di-isobutyl phthalate (DIBP), CASRN 84-69-5
- Formaldehyde, CASRN 50-00-0
- Phthalic anhydride, CASRN 84-44-9
TSCA Inventory of Mercury Supply, Use, and Trade in the USOn March 30, 2020, the EPA released their first report on the use, supply and trade of mercury in the United States and summarizes information reported by companies in 2019 on the 2018 reporting year.
2020 Chemical Data Reporting (CDR) Deadline Extended2020 is a reporting year for the Chemical Data Reporting (CDR) rule. Reports must be submitted electronically through the EPA’s Central Data Exchange (CDR) beginning June 1, 2020.
The submission window will remain open until November 30, 2020 (extended from the usual September 30th deadline in a recent final rule from EPA).
EPA’s extension of the CDR reporting deadline appeared in the Federal Register on April 9, 2020.
Any site that manufactured or imported for commercial purposes 25,000 lbs. or more of any chemical substance on the TSCA inventory (or 2,500 lbs. or more for chemicals subject to certain TSCA requirements) during any calendar year since the previous reporting cycle must report.
The previous report was due in 2016, so this year’s report will cover calendar years 2016, 2017, 2018, and 2019. The 25,000 lb. trigger is site-specific, chemical-specific, and year-specific.
CDR Reporting for Small Chemical ManufacturersEPA is currently reviewing a new definition of Small Manufacturers for the purposes of the CDR. Small manufacturers are exempt from the reporting requirements. The current definition applies to manufacturers who either have total sales less than $40 million and an annual production volume of less than or equal to 100,000 lbs. at a site, or if the company’s total sales are less than $4 million regardless of production volume.
The new definition, if promulgated before the reporting window opens on June 1, would cover manufacturers who either have total sales less than $110 million and a production volume of less than 100,000 lbs. at a site or total sales less than $11 million regardless of production volume.
The EPA has been offering free webinars on the updates to the CDR rule.
TSCA Regulations Online CourseThe 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.
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