Update: Deadline Extended for TSCA CDR Reporting 2020
Update 11/25/2020: The U.S. EPA has extended the deadline for Chemical Data Reporting (CDR) submission to January 29, 2021.
What is CDR Reporting?
Under the Toxic Substances Control Act (TSCA), the Chemical Data Reporting (CDR) rule requires manufacturers, producers, and importers to report to the Environmental Protection Agency (EPA) data on the manufacturing, processing, and use of certain chemical substances. Such information includes types, quantities, and uses of chemical substances produced domestically and imported into the United States. This information is collected every four years when production volumes for the chemical exceeds 25,000 lbs. or greater for a specific reporting year (or 2,500 lbs. for certain designated chemicals). More specifically, reporting for manufacturers and importers is triggered if the annual reporting threshold (25,000 lbs.) at the site is met during any of the calendar years since the last principal reporting year. For the 2020 submission period, reporting is based on the production volume for the calendar years 2016-2019.
CDR Deadline Extended to January 29, 2021
In standard years, the CDR submission deadline is September 30 of the principal year. Earlier in 2020, the EPA had extended the deadline for CDR reporting to November 30. However, regulated parties requested additional time due to technical issues that were present in the EPA’s electronic reporting system, e-CDRweb. As a result, the EPA extended the submission deadline again for 2020 reports to January 29, 2021. This is the final extension for the 2020 submission period only. The EPA posted a notice on the final extension in the Federal Register on November 25, 2020: Chemical Data Reporting; Final Extension of the 2020 Submission Period.
2020 CDR Reporting Changes:
Confidentiality Claims (40 CFR 711.30)
Any individual submitting information may assert a confidentiality claim for said information at the time it is submitted. The claim(s) will apply only to information submitted with the claim. All confidentiality claims must be substantiated at the time of submission. In addition, the claim must be signed and dated by an authorized official. Information not claimed as confidential in accordance with the requirements outlined in 40 CFR 711.30 may be made public without further notice to the submitter.
Small Manufacturer and Small Government Definitions (40 CFR 704.3)
The EPA finalized changes to the small manufacturer definition and the addition of small government definition. Small manufacturers are defined as a manufacturer that meets either of the following standards:
A manufacturer of a substance whose total annual sales, when combined with those of its parent company (if any), are less than $120 million. However, if the annual production or importation volume is greater than 45,400 kilograms (100,000 lbs.), the manufacturer will not qualify as small.
A manufacturer whose total annual sales, when combined with those of its parent company (if any), are less than $12 million, regardless of the quantity of substance produced or imported by that manufacturer.
Manufacturers meeting the small manufacturer or small government definition have no or reduced reporting obligations under CDR unless the manufactured (including imported) chemical is the subject of certain TSCA actions.
Site Identification Information (40 CFR 711.15)
New reporting information related to Site Identification Information is now required:
Report your highest-level foreign parent company, if applicable, in addition to your highest-level domestic parent company. See the new definition for highest-level parent company.
Provide the applicable NAICS code for your reporting site. One NAICS code is required; up to three NAICS codes may be reported.
Manufacturing Information (40 CFR 711.15)
New reporting information related to Manufacturing Information is now required or has been revised:
Indicate whether your reported chemical is recycled or otherwise used instead of being disposed of as a waste or included in a waste stream. This requirement replaces the need to indicate whether a chemical is recycled, remanufactured, reprocessed, reused, recycled, or otherwise used instead of being disposed of as a waste or included in a waste stream. (Revised requirement)
As a voluntary data element, report the percent production volume of your chemical substance that is a byproduct.
For joint submissions: The secondary submitter of a joint submission reports the chemical specific function along with the chemical composition of the imported product.
Industrial Processing and Use (40 CFR 711.15)
New reporting information related to Industrial Processing and Use is now required:
The industrial function codes and consumer/commercial product codes have been updated based on OECD Internationally Harmonized Functional, Product, and Article Use Categories. Manufacturers (including importers) of the chemicals listed in Table 9 at 40 CFR 711.15 (the 20 chemical substances designated as high priority for risk evaluation in December 2019) are required to use the updated codes in 2020 CDR submissions. Manufacturers (including importers) of chemicals not listed in Table 9 may report using either the updated codes or the pre-existing CDR codes (i.e., the codes used for 2016 CDR submissions).
All manufacturers (including importers) are required to use the updated codes in 2024 CDR submissions.
When reporting a consumer or commercial use, also report the function of the chemical in that use.
Reporting Process for Co-manufactured Chemicals (40 CFR 711.22)
The contracting company can initiate the reporting of a co-manufactured chemical by sending an alert using eCDRweb to the producing company; each party then completes their respective portions of the chemical report.
The producing company can report the co-manufactured chemical, with written agreement and assistance, if needed, from the contracting company.
Reporting Process for Co-manufactured Chemicals (40 CFR 711.22)
Two additional reporting exemptions for byproducts have been added:
For specifically identified byproducts that are recycled in a site-limited, enclosed system:
Portland Cement Manufacturing (i.e., CASRN 68475-76-3, Flue dust, portland cement)
Kraft Pulping Process (i.e., CASRN 66071-92-9, Sulfite liquors and Cooking liquors, spent; CASRN 68514-09-0, Sulfite liquors and Cooking liquors, spent, oxidized; and CASRN 471-34-1, Carbonic acid calcium salt (1:1)).
For byproducts that are manufactured as part of non-integral pollution control and boiler equipment.
KERAMIDA prepares CDRs for many of our clients and our professionals can provide your business with assistance complying with the new reporting requirements and navigating the Central Data Exchange (e-CDRweb). Please contact us or call (800) 508-8034 today for immediate assistance.
Blog Author
Lauren Wallace Misenti, QISP, CISEC-IT
Project Manager
KERAMIDA Inc.
Contact Lauren at lwallace@keramida.com.