A key component of the Toxic Substances Control Act (TSCA) is its chemical data reporting (CDR), which mandates quadrennial reporting to maintain an evergreen database of chemical production, importation, and use information. With the next CDR reporting cycle beginning June 1, 2020, manufacturers, importers, processors, and users of chemical substances have been awaiting a finalized CDR rule.
On March 17, 2020, EPA released the final CDR rule revisions along with an extended reporting window. The 2020 reporting cycle will still begin on June 1, 2020, but the CDR regulated community (typically comprising chemical, petroleum and coal, paper, cement, metal, semiconductor and electronic component industries) now has an additional two months to complete reporting. The extended deadline is November 30, 2020. Manufacturing and/or importation quantity will be required for 2016, 2017, 2018, and 2019, plus processing and use information for the principal reporting year 2019.
For additional background on TSCA and the CDR rule, you can watch our video series of key highlights.
Is the final CDR rule different than what we expected?
Generally, the final rule aligns with what the draft rule put forth. The draft rule did allude to a potential change to the definition of “small entities,” which would exempt a greater number of industry sites from reporting. That potential definition update has been reserved for a separate, forthcoming proposed ruling.
The main topics discussed in the final rule include:
- Confidential business information (CBI) requirements concerning upfront claim substantiation, CBI data eligibility, and modified substantiation questions;
- New exemptions for certain listed byproducts recycled on-site in an enclosed system or created in pollution control and/or boiler equipment not directly involved in the reported substance manufacturing;
- Voluntary reporting of percent range of a byproduct contained in a reported substance;
- Removing “remanufactured, reprocessed, and reused” terms when seeking information on reportable chemicals recycled or otherwise used for commercial purpose;
- Processing and use codes coordination with those from the Organisation for Economic Cooperation and Development (OECD), starting with the requirement for high priority substances and optional for the rest in the 2020 CDR;
- Requirement to report the North American Industrial Classification System (NAICS) for the site of manufacture;
- Naming convention for parent company identification, new definition of the highest-level parent company, and identification of foreign entities;
- Joint CDR secondary submitter reporting of specific chemical function and percent composition in imported product; and
- Separate co-manufacturer reporting mechanisms in e-CDRweb.
Additionally, the final rule introduces a new e-CDRweb reporting tool. The new reporting portal includes a new “agent” role, which will allow companies’ “authorized officials” to assign access to individuals who can then create and edit forms as well as submit amended CDR forms.
Are there any other TSCA updates I should know about?
On March 11, 2020, the EPA announced the latest update to the TSCA Inventory. The Inventory has played a central role in managing and regulating industrial substances since 1978 and is updated biannually. The latest update brings the list to 86,405 chemicals, 41,484 of which are active in U.S commerce. Ensuring that your chemicals are included in the Inventory and are designated as active is critical in maintaining compliance with TSCA.
Preparing for reporting success in 2020
While the final CDR rule provides clarity and an extended reporting window, it is still important to get started with preparations if you have not already. Trihydro has experience providing CDR services and can advise on company-wide TSCA compliance. Contact us today to discuss what the CDR changes mean for your facility and how you can get a jump start on 2020 CDR reporting.
Andrew Pawlisz, D.A.B.T.