Toxic Substance Control Act

TSCA Chemical data reporting (CDR) Rule

EPA’s Chemical Data Reporting (CDR) Rule requires manufacturers and importers of chemical substances included on the TSCA list to report manufacturing information for chemicals manufactured or imported in amounts of 25,000 lb or greater for the reporting year, unless specifically excluded.

The CDR submission periods are from June 1 to September 30 at 4-year intervals, beginning in 2016. The 2012 CDR submission period, in which 2011 manufacturing, processing, and use and 2010 production volume information was reported, ended August 13, 2012.

For the 2016 and subsequent CDR reporting, any person who manufactured or imported 25,000 lb or more of a reportable chemical substance at any single site during any calendar year since the last principal reporting year must report the production volumes for each year since the last reporting year. However, the reporting threshold will be 2,500 lb per site for chemical substances that are:

• Subject of a rule proposed or promulgated under TSCA section 5(a)(2), 5(b)(4), or 6
• Subject of an order issued under TSCA section 5(e) or 5(f)
• Subject of relief that has been granted under a civil action under TSCA section 5 or 7

Manufacturers and importers must use e-CDRweb, EPA’s CDR electronic reporting tool, to complete and submit Form U (EPA Form 7740-8).

TSCA Exportation Procedure 

TSCA also imposes reporting requirements for anyone who exports hazardous chemicals subject to TSCA. The regulation requires any person who exports or intends to export a chemical substance or mixture to notify EPA of such exportation.

TSCA Section 5 – New Chemical Substances

Facilities who intend to import a new chemical substance (one that is not already in commerce or being imported into the United States, based on EPA’s TSCA Inventory of Chemical Substances) must get EPA approval by submitting a pre-manufacture notice to the EPA at least 90 days prior to importation.  This allows EPA to determine whether the new chemical may present an unreasonable risk to human health or the environment.  In addition, the importer must determine whether EPA has designated the use of an imported chemical substance as a “significant new use” which requires submission of information prior to importing.

Exemptions to the 90-day review period include:

• Research and Development Exemption (40 CFR Section 720.36)
• Test Marketing Exemption (40 CFR Section 720.38)
• Low volume/low release/low exposure Exemption (40 CFR 723.50)
• Polymer Exemption (40 CFR 723.250)

Importers are still required to certify TSCA compliance to import these substances.

TSCA regulations are complicated. Feel free to reach out and discuss if you need assistance navigating the TSCA regulations.