US EPA 2016 Chemical Data Reporting: Are You Ready?

13 May 2016

Intertek helps companies meet September 30, 2016 deadline

The Toxic Substances Control Act Chemical Data Reporting rule (TSCA CDR) is an initiative put forward by the US EPA to gather data on substances that are in commerce in large quantities in the United States. Formerly known as the Inventory Update Rule (IUR), the TSCA CDR, in its current form, was first implemented in 2012. A call for information is sent out every 4 years (2012, 2016, 2020, etc.) requesting basic screening-level, exposure-related chemical data associated with the years following the last call for information. This information is then used by the US EPA to support priority setting and risk screening, assessment, and management activities.

Are you prepared?

For the upcoming 2016 report, quantity, use and exposure data must be provided on any substance listed on the TSCA Inventory as of June 1, 2016 that was manufactured, imported or processed in the United States in 2012, 2013, 2014 ­or 2015, at 25,000 lb/year or more. Some exceptions do apply, including but not limited to a full reporting exemption for polymers, microorganisms, and certain petroleum products and a partial reporting exemption which is available for companies that qualify as "small manufacturers".

On the flip side, any substances subject to certain TSCA actions as of June 1, 2016 are reportable at a lower volume threshold of 2,500 lb/year or more (see table below for details).

TSCA Action	Reportable if Manufactured, Imported or Processed at:
	≥ 25,000 lb/year	≥ 2,500 lb/year
Not subject to TSCA action	✓
TSCA section 4 rules	✓
Enforceable Consent Agreements (ECAs)	✓
TSCA section 5(a)(2) Significant New Use Rules (SNURs)		✓
TSCA section 5(b)(4) rules		✓
TSCA section 5(e) consent orders		✓
TSCA section 5(f) orders		✓
TSCA section 5 civil actions		✓
TSCA section 6 rules		✓
TSCA section 7 civil actions		✓

Please note, this reduced volume trigger was not included as part of the 2012 survey and is new for the 2016 TSCA CDR. Additionally, in 2012, a higher reporting threshold of 100,000 lbs existed for reporting processing and use information. This threshold no longer exists; if your substance meets the manufacturing reporting requirements in 2012, 2013, 2014 ­or 2015, you are required to report processing and use information for 2015 (the principal reporting year).

What do you need to do?

To comply with this mandatory reporting rule, you'll need to collect, organize and report specific use, quantity and exposure information for any substances that you manufactured, imported or processed at volumes that exceed the reporting thresholds. Based on raw sales data, you'll need to determine if your substances meet those reporting requirements and compile that raw data accordingly. Please note that one submission is required for each site of manufacture and volume thresholds should be considered on a per site basis (or per importer of record in the case of import volume thresholds). Therefore, it is possible for one organization to have different reportable sites for different substances and some sites that are not reportable at all.

All data will need to be submitted using the US EPA's online Central Data Exchange (CDX) reporting tool, therefore, if you are not already registered with CDX, you will need to set up an account. The official start date for submission is June 1, 2016; however, the tool has already been open and is ready for entry of data. Please make sure you submit the information before the September 30, 2016 deadline, to ensure your company's compliance with this government program.

Do you have questions about TSCA Chemical Data Reporting or other related topics? Share your comments or questions below.

Blogger:

Joyce Borkhoff, Vice President, Chemicals Group, Intertek Scientific & Regulatory Consultancy