Written by Kristina Richards, CPEA
Under EPA’s Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule, chemical manufacturers (including importers) are required to submit a report every four years that provides information on the production, import, and use of chemicals in commerce. This CDR report, also referred to as “Form U,” will be due in 2020 representing calendar years 2016 through 2019. In general, manufacturers (including importers) are required to report for certain chemicals in commerce (i.e., chemical substances listed on the TSCA Inventory) when production volumes for the chemical are 25,000 pounds or greater per year at any single site. A reduced threshold of 2,500 pounds applies to chemical substances that are subject to certain TSCA actions.
On April 9, 2020 EPA finalized several changes to the CDR rule to align with new statutory requirements of TSCA, to improve the CDR data collected to support the implementation of TSCA, and to potentially reduce the burden for certain CDR reporters. These changes include exemptions for reporting of certain byproducts, changes to claiming confidentiality to align with the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), modifications to certain reportable data elements, and changes to simplify the reporting process for co-manufactured chemicals. With the 2020 CDR, EPA is also improving the electronic reporting application and database to be more user-friendly and dynamic. EPA has also proposed a new TSCA definition for “small manufacturer” which would increase the size standards for manufacturers to be eligible for the CDR small manufacturer exemption.
The submission period for CDR reports typically runs from June 1 through September 30; however, EPA issued a one-time extension to the deadline for the 2020 report to provide additional time for the regulated community to familiarize themselves with the above-referenced changes. Therefore, the 2020 CDR submission period runs from June 1 to November 30, 2020.
CDR regulations can be found at 40 C.F.R. Part 711, and detailed EPA guidance, fact sheets, pre-recorded webinars, resources for electronic reporting, etc. are available at: https://www.epa.gov/chemical-data-reporting. Contact us for assistance with CDR reporting or questions about the requirements.
Kristina Richards, CPEA – Technical Manager