Are You Ready for the 2016 Chemical Data Reporting (CDR) under U.S. TSCA?

Dec. 29th, 2015

The Toxic Substances Control Act (TSCA), implemented by the Environmental Protection Agency (EPA), is a prominent law in U.S. that aims to prevent unreasonable risks of injury to human health or the environment as well as to limit, prohibit, or ban chemical substances posing imminent hazards. Chemical substances under TSCA are clarified as either “existing substances” or “new substances”, compliance practices of which are different in various ways. For existing substances, manufactures and importers of certain chemicals shall fulfill the obligation Chemical Substance Reporting (CDR) after every four years. As the latest reporting period starting from June 1st, 2016 to September 30th 2016 comes close, REACH24 experts conducted a comprehensive interpretation of the CDR requirements under TSCA to help companies better comply with the regulation and avoid unnecessary trade conflicts.

According to Section VIII of TSCA, companies that manufacture or import certain chemicals that are included on the TSCA Chemical Substance Inventory are required to report production volume and other information for specified years if volumes hit the threshold. For the 2016 CDR, here below are what calls for due attention.

Overview of the 2016 CDR

When to Report?
From June 1st, 2016 to September 30, 2016

Who to Report?
Manufacturers or importers will be required to report if, for any calendar year between 2012 and 2015, a chemical substance was manufactured at or imported into a site in production volumes of 25,000 lbs. or greater. The reporting threshold will be lower at only 2,500 lbs. for certain chemical substances that are subject to TSCA section 5(a)(2), 5(b)(4), or 6 etc.

What to Report?
If reporting is required for a site, submitters must provide production volume information for all four years in this reporting period from 2012 to 2015. In some cases, the processing and use information shall be submitted as well if the thresholds were met.

How to Report?
Submit electronically via Central Data Exchange (CDX)

Suggestions by REACH24H

As manufactures and importers in the United States is the primary subject of CDR reporting, non-U.S. companies do not need to report directly. But for products in trade that contain Confidential Business Information (CBI), a joint submission is still possible. It is worth noting that for non-U.S. companies, if they set up subsidiaries in the U.S., then the subsidiaries may be required to fulfill the CDR obligation directly. In order to prevent the disclosure of significant business information, REACH24 Consulting Group suggests companies that:

  • Identify chemical substances subject to 2016 CDR;
  • Determine if you are required to report;
  • Register in CDX and prepare for online submission;
  • Collect information required to be submitted;
  • Determine if confidentiality claims need to be addressed;

REACH24H Consulting Group has a subsidiary company in the United State with Mr. Robert Kiefer as the general manager and is always readily prepared to assist you in TSCA compliance.