In June 2023, EPA announced the dates for the 2024 submission period for information required under the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule. The information is collected every four years from manufacturers and importers of certain chemicals in commerce, generally when production volumes for those chemicals are 25,000 pounds or greater in a given reporting year. The 2024 submission period runs from June 1, 2024 to September 30, 2024.
EPA is in the process of updating its guidance materials for the 2024 reporting cycle; therefore, many particulars of the reporting requirements are currently unknown. However, below is a summary of the general requirements based on previous reporting cycles and information published by EPA to date.
Who Must Report?
Reporting is required for manufacturers and importers of chemical substances listed on the TSCA Chemical Substances Inventory as of June 1, 2024. 40 CFR 711 defines “manufacture” to include manufacturing, producing, or importing for commercial purposes, including the extraction of a component chemical substance from a previously existing chemical substance. Under 40 CFR 711.10, reporting is not required when a chemical substance is imported as part of an article. A chemical is part of an article when it is not intended to be removed from or released by the article. Examples of chemicals that are considered parts of an article include chemical transformer fluid in transformers, lighter fluid in cigarette lighters, and crankcase oil in cars. Examples of chemicals that are not considered parts of an article include fire extinguisher fluid, windshield wiper fluid, and chemical substances comprising paints, inks, adhesives, or other bulk chemical mixtures intended to eventually be released from a container. In previous years, EPA has released a Fact Sheet to provide additional guidance on imported articles, which will likely be applicable in the 2024 submission period.
What Chemicals are Covered?
The TSCA Chemical Substances Inventory includes nearly 69,000 chemicals. Reporting is required for all listed substances other than polymers, microorganisms, naturally occurring chemical substances, water, and certain forms of natural gas. The full list of covered chemicals may be found here. Some common chemicals in the Inventory include:
- Vitamin B12
- Sulfuric Acid
- Olive Oil
As a general rule, manufacturers and importers only need to report when their annual production volume is 25,000 pounds or more. That threshold is lowered to 2,500 for chemicals subject to certain TSCA actions, including the following:
- Rules proposed or promulgated under TSCA sections 5(a)(2), 5(b)(4), or 6;
- Orders in effect under TSCA sections 4, 5(e) or 5(f); or
- Relief granted under a civil action under TSCA section 5 or 7.
If production volume exceeds the applicable threshold for any one year in the reporting cycle, reporting for all the years is required. EPA’s updated guidance materials for the 2024 reporting cycle may include additional exemptions for particular chemicals or uses.
What Information is Reported?
The CDR collection is on a four-year reporting cycle and requires reporting of detailed manufacturing, processing, and use information drawn from the principal reporting year. The rule also requires basic information on production volume, by year, for the three years prior to the principal reporting year. For the 2024 reporting cycle, the principal reporting year is 2023; the three years prior are 2020, 2021, and 2022.
Information must be submitted electronically using e-CDRweb, the CDR web-based reporting tool, and EPA’s Central Data Exchange (CDX) system. EPA plans to host a webinar to enable a preview of the updated CDR reporting tool in the fall of 2023. Examples of the forms provided by EPA for the 2020 reporting cycle are linked below:
What is the Reporting Standard?
Submitters must report information to the extent that it is known or reasonably ascertainable to them. This includes consideration of all information in a person’s possession or control, as well as all information that a reasonable person similarly situated might expect to possess, control, or know. Reportable information includes that possessed by employees or agents of a company, including those involved in research, development, manufacturing, or marketing, and includes knowledge gained through discussions, symposia, and technical publications.
How is Reported Data Used?
EPA uses CDR data to develop an understanding of the types, amount, end uses, and possible exposure to chemicals in commerce. This information supports risk screening, risk assessment, chemical prioritization, risk evaluation, and risk management activities.