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New Reporting Thresholds for TSCA Chemical Data Reporting Due Sep. 30, 2016

The EPA requires that facilities that are subject to the Chemical Data Reporting (CDR) rule under the Toxic Substances Control Act (TSCA) submit a report between June 1, 2016 and September 30, 2016 (see 40 CFR 711.8) on the chemicals they manufacture and import into the U.S.

According to EPA’s Fact Sheets “Reporting Thresholds for 2016” and “Chemical Substances which are the Subject of Certain TSCA Actions” dated January 2016, manufacturers must consider production volume from 2012 to 2015 as well as the effect of certain TSCA actions on reporting thresholds when determining whether to report.

The highlights of reporting requirements for 2016 include:

1. There is a new reduced reporting threshold of 2,500 pounds at a single site for a calendar year (2012-2015) for a facility that manufactures or imports a chemical substance that is subject to one of the following actions:

a. A rule proposed or promulgated under TSCA section 5(a)(2), 5(b)(4), or 6

b. An order issued under TSCA section 5(e) or 5(f)

c. Relief that has been granted under a civil action under TSCA section 5 or 7

Otherwise, the reporting threshold remains at 25,000 pounds per year per site. For the 2016 CDR, consider the status of a chemical as of June 1, 2016.

2. Reporting is now triggered if the annual reporting threshold is met during any of the calendar years since the last principal reporting year (2012-2105).

3. For chemical substances that trigger reporting, total annual production volume must now be reported for each calendar year since the last principal reporting year (2012-2015). This differs from the 2012 CDR, where the total past production volume was reported for each of the past two years.

4. There are now limitations on certain exemptions from CDR reporting. The exemptions that are affected are:

a. Full exemption for polymers

b. Full exemption for microorganisms

c. Full exemption for certain forms of natural gas or water

d. Partial exemptions

These exemptions are unavailable for any chemical substance that is also the subject of certain TSCA actions.

5. There is no longer a different reporting threshold for processing and use information. The reporting threshold for processing and use information is the same as the reporting threshold for CDR (25,000 or 2,500 pounds), depending on existence of certain TSCA actions.

a. Processing and use information are reported only for the principal reporting year (2015).

b. Exemptions from reporting processing and use information are available under 40 CFR 711.6(b).

Contact Leida Jorge if your facility is subject to the 2016 CDR and you would like Baron’s assistance with the report.

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