June 28, 2012
On June 18, 2012, the United States Environmental Protection Agency (EPA) amended the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2012 reports from June 30, 2012 to August 13, 2012. This is a one-time extension for the 2012 submission period only. The CDR regulations require manufacturers and importers of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report current data on the manufacturing, processing, and use of the chemical substances. Potentially affected manufacturers may include:
- Chemical manufacturers and importers (NAICS codes 325 and 324110, e.g., chemical manufacturing and processing and petroleum refineries).
- Chemical users and processors who may manufacture a byproduct chemical substance (NAICS codes 22, 322, 331, and 3344, e.g., utilities, paper manufacturing, primary metal manufacturing, and semiconductor and other electronic component manufacturing).
Manufacturers (including importers) are required by the CDR rule to report to EPA information concerning the manufacturing, processing, and use of certain chemical substances listed on the TSCA Chemical Substance Inventory. The CDR requirements have changed since the last collection, which occurred in 2006 (based on 2005 production data).
EPA amended the IUR rule in a final action promulgated on August 16, 2011. Manufacturers (including importers) are subject to the revised reporting requirements based on manufacturing (including importing) activities conducted during the principal reporting year (calendar year 2011).
The 2012 reports must be submitted via the Internet using e-CDRweb and EPA’s Central Data Exchange (CDX). e-CDRweb is a web-based reporting tool that allows companies to file a paperless CDR submission and receive instant receipt confirmation.
To determine whether you are required to report for each chemical substance that you domestically manufactured (including imports) in the United States during the principal reporting year (i.e. calendar year 2011), you should consider the following three steps:
- Step I: Is your chemical substance subject to the CDR rule? A CDR reportable chemical is a chemical substance that is domestically manufactured or imported into the United States, is listed in the TSCA Inventory, and is not specifically exempted by 40 CFR 711.6(a).
- Step II: Are you a manufacturer (including importer) who is required to report? If you determined from Step I that you manufacture (or import) a CDR reportable chemical substance, you should subsequently determine whether you are a manufacturer (or importer) who must report. You are subject to CDR reporting if you manufactured (or imported) a chemical substance in production volumes of 25,000 pounds or greater at any single site you owned or controlled during 2011.
- Step III: What information must you report? If you determine from Steps I and II that you are a manufacturer (or importer) of a CDR reportable chemical substance and you are required to report, then you are required to report the information described in 40 CFR 711.15(b)(1), (b)(2), and (b)(3) in Parts I and II of Form U. Basic company and site identification information is required by 40 CFR 711.15(b)(1) and (b)(2). Chemical identification and information pertaining to the manufacture (including import) of chemical substances is required by 40 CFR 710.15(b)(3). Note that the basic company and site identification information is reported once per site, while the manufacturing information is reported separately for each reportable chemical substance at the site.
The CDR report can be a fairly complex effort, depending upon your company’s manufacturing or importing activities. CEC has noted that some manufacturing companies are not familiar with this reporting obligation, perhaps due to the long duration from the most recent reporting period (2006). In the future, EPA is planning to require TSCA CDR reporting every four years. Perhaps this is EPA’s way of “helping” U.S. manufacturing companies.
If you have any questions about the TSCA CDR reporting requirements and whether your facility may be subject to these regulations, please contact Paul Tomiczek III, REM, P.E. at ptomiczek3@cecinc.com or 800-365-2324. More information on the TSCA CDR reporting obligations and instructions for completing the report are provided here.
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