Under EPA’s Chemical Data Reporting (CDR) Rule promulgated pursuant to the Toxic Substances Control Act (TSCA), certain chemical manufacturers, chemical importers, and toll manufacturers must report information on the chemicals to EPA every four years for the purpose of allowing EPA to assess the potential human health and environmental effects of their use. In general, the CDR rule requires manufacturers and importers of chemicals to provide EPA with information on over 7,000 chemicals that are manufactured, imported or processed at a single facility in amounts greater than 25,000 pounds during any calendar year since the last principal reporting year unless the entity is subject to an exemption, such as the exemption for small manufacturers. Companies that purchase chemicals domestically and blend them into finished products with no chemical reactions that produce other chemicals are not required to report under the CDR. 

New for the 2016 reporting year is a requirement that certain manufactured or imported chemicals that are subject to certain TSCA actions must report in production amounts greater than 2,500 pounds at any single site during any calendar year. To date, EPA has not prepared a summary list of the chemicals subject to the 2,500 pound reporting threshold. The new lower reporting threshold applies to manufacturers/importers of a chemical substance that is subject to any of the following TSCA actions: (1) a rule proposed or promulgated under TSCA Section 5(a)(2), 5(b)(4) or 6; (2) an order issued under TSCA Section 5(e) or 5(f); or (3) relief that has been granted by a civil action under TSCA Section 5 or 7. 

The reporting period for the 2016 submission runs from June 1, 2016 to September 30, 2016. The report must cover manufacturing, processing and use information for production during 2012 to 2015. Other new requirements for the 2016 submittal include: (1) for facilities subject to reporting, submitters must include production volume information for all four years in the reporting period; (2) the reporting threshold for submitting processing and use information for the principal reporting year of 2015 is lowered from 100,000 pounds to 25,000 pounds; and (3) certain reporting exemptions have been modified or are no longer available. 

EPA has made various guidance, FAQ responses, and electronic reporting instruction information available on its website at https://www.epa.gov/chemical-data-reporting. The website includes a discussion of all the requirements that are new for the 2016 submittal year. 

Unlike the Toxic Release Inventory (TRI) Rule, which requires reporting of information on releases of certain chemical substances above regulatory thresholds, the CDR Rule focuses on the manufacture/import of chemicals and, for regulated facilities, the processing and use information for those chemical substances.