Under the Toxic Substances Control Act (TSCA), there are several important, upcoming changes for the 2020 Chemical Data Report (CDR) which is required for many chemical manufacturers (and importers) every four years. The current reporting cycle covers calendar years 2015 – 2019. EPA has recently published a final version of the CDR Revisions Rule in the Federal Register which can be accessed at:
The changes to the 2020 CDR focus on several areas including:
Exemptions for certain byproducts
Changes to claiming confidentiality to align with the Lautenberg Act
Modifications to reportable data elements
Changes to simplify the reporting process for co-manufactured products.
Exemptions for Certain Byproducts
Several new byproduct exemptions have been introduced for the 2020 CDR. Specifically listed byproducts that are recycled on a site-limited manner are now exempted from reporting for chemicals such as cement kiln dust from Portland cement manufacturing and black liquor from the Kraft pulping cycle. A petition process has been established to exempt additional byproducts in the 2024 report cycle.
Additionally, EPA has exempted byproducts manufactured in non-integral equipment typically related to boiler equipment and pollution control devices. Specific examples provided include flue gas recirculation and selective catalytic reduction byproducts from boilers and engines used to produce electricity and/or steam that is used by the site and not sold as a commercial product.
Changes to Confidentiality Claims
For the 2020 CDR, up-front substantiation of all confidential business information (CBI) is required with the exception of two specific types of information: production volumes and supplier identity, trade name, and formulation information associated with joint submissions. Certain types of information can no longer be considered CBI including industrial processing and use, industrial sectors and industrial functions, commercial and consumer product categories and functions and whether the product will be used by children.
Modifications to Reportable Data Elements
At least one, and up to three, North American Industrial Classification System (NAICS) codes must now be included within each submission. Similarly, foreign parent company data must also be reported if applicable. In previous reports, only the highest-level U.S. parent company was required.
Facilities must now include whether a chemical is being recycled instead of being treated as waste. EPA is in the process of phasing in a replacement of industrial function and commercial/consumer product use codes with OECD function, product and article use code (referred to as OECD-based codes). For facilities required to report on an international basis, the OECD-based codes are likely to be familiar. In 2020, the OECD-based codes are required for some specified chemicals. By the 2024 report, all chemicals will have to use OECD-based codes in the processing and use-related data portion of the report. These new codes are more numerous and more specific than the previous versions.
Changes for Co-Manufactured Products
Co-manufactured products are more commonly referred to as products produced under a “tolling agreement” where a product is manufactured by a “producing company” and sold by a “contracting company”.
There are now only two options for reporting of chemicals generated by these arrangements. In the first option, the contracting company initiates the report and completes certain portions of the CDR. The producing company completes other portions of the CDR related to production and manufacturing information. The report is then certified by the contracting company.
In the second option, the producing company initiates the report and completes all available information. The contracting company then adds its information and the report is then certified by the producing company.
Previously, either company in a toll manufacturing arrangement could submit the report which is no longer the case. Both companies must work together and will be jointly responsible for the contents of the CDR.
Non-Regulatory Changes for 2020
There are two specific changes of interest that are non-regulatory in nature. First, in order to allow all facilities to adjust to the requirements of the CDR Revisions Rule, EPA has extended the 2020 reporting deadline to November 30, 2020 instead of the normal September 30th date. Second, EPA has created a new “Agent” role within CDX to allow external consultants to create and prepare the required reports.
Please contact Baron Environmental Associates at (908) 508-9000 for assistance with completing your facility’s 2020 CDR report.
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