Chemical Data Reporting

Requirements for the Final TSCA Inventory Notification (Active/Inactive) Rule – (40 CFR Part 710), published August 11, 2017

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On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amends the Toxic Substances Control Act (TSCA), was signed into law, making it the nation’s new primary chemicals management law.

According to the EPA, the new law, which received bipartisan support in both the U.S. House of Representatives and the U.S. Senate, includes much needed improvements such as:

  • Mandatory requirement for EPA to evaluate existing chemicals with clear and enforceable deadlines;
  • New risk-based safety standard;
  • Increased public transparency for chemical information; and
  • Consistent source of funding for EPA to carry out the responsibilities under the new law.

One year later, on June 22, 2017, EPA announced the required implementation activities. Those activities included finalization of a rule to require industry to report chemicals manufactured, imported, or processed in the U.S. over the past 10 years. This reporting will be used to identify which chemical substances on the TSCA Inventory are active in U.S. commerce and will help determine the chemicals EPA prioritizes for risk evaluation. Read more: https://www.epa.gov/tsca-inventory/tsca-inventory-notification-active-inactive-rule.

The Final Rule (TSCA Inventory Notification (Active/Inactive) Rule) was published on August 11, 2017. Supplier companies will have 180 days to report all chemicals manufactured or imported during the past 10-year period. (See further below for specifics applying to processing companies.) A number of chemical substances are excluded, such as naturally occurring substances, mixtures, exempt polymers, articles, R&D substances, etc.  There is a section of the standard 40 CFR 710.26 outlining Chemical substances for which information is not required: https://www.epa.gov/tsca-inventory/list-active-substances-exempt-tsca-inventory-notifications-active-inactive-rule#download.

EPA has published the interim Active TSCA Inventory using reporting from the 2012 and 2016 Chemical Data Reporting cycles: https://www.epa.gov/tsca-inventory/how-access-tsca-inventory.

The regulated community is required to add all other active Chemical Abstract Service (CAS) registration numbers that were manufactured or imported during the 10-year retrospective period to the active list. Companies are responsible for identifying all chemical substances that are known or reasonably ascertainable.

Companies that are only chemical processors have an additional 240 days to review the interim Active TSCA Inventory and report any additional chemicals that may have been overlooked by their suppliers. The Notice of Activity Form A will be used for retrospective reporting and the Notice of Activity Form B will be used for forward-looking reporting. Forms will need to be submitted via the EPA’s Central Data Exchange (CDX).

Companies that fail to report are in violation of TSCA Section 15 and may be subject to penalties (40 CFR 711.1(c)).

If you would benefit from having someone examine this new Rule and how it may affect your reporting requirements for the substances you manufacture, import, or process, please contact the author, Scott K. Wilson, MS, CIH, CSP, CHMM, at swilson@cecinc.com; 630-963-6026.

TSCA Chemical Data Reporting (CDR) – 2016 Requirements

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The next submission period for the U.S. EPA’s Chemical Data Reporting (CDR) requirement under the Toxic Substances Control Act (TSCA) is from June 1, 2016, through September 30, 2016, and will cover the 2012 – 2015 reporting years.  The previous CDR submission was in 2012 for the 2010 and 2011 reporting years.

Manufacturers and importers of TSCA inventory-listed chemical substances that exceed either the reduced reporting threshold (2,500 lbs/yr for certain chemical-specific TSCA Actions) or the standard reporting threshold (25,000 lbs/yr for all other listed chemicals) for any calendar year from 2012 through 2015 must prepare a CDR for each chemical exceeding the respective thresholds and submit to U.S. EPA.  Note that a CDR must be submitted covering all four reporting years if a facility exceeds an applicable threshold in any year.

For chemicals that are imported to the U.S., note that only the primary importer of a chemical (generally the entity responsible for payment of import tariffs) has the TSCA CDR responsibilities.  A facility that purchases an imported chemical from the primary importer (or other down-stream entity) is not responsible for preparation of a TSCA CDR for that chemical.

The report must be filed electronically using the U.S. EPA’s Central Data Exchange (CDX) and must include production quantities for calendar years 2012, 2013, 2014 and 2015, as well as the following information for 2015:

  • Manufacturing Related Data
    • Chemical ID,
    • Production quantity,
    • Number of workers on site who are likely to be exposed to the chemical,
    • Maximum concentration, and
    • Physical forms and relative production of each form.
  • Processing Related Data
    • Types of processes / use (up to 10),
    • Sectors,
    • Industrial function categories,
    • Percent of production,
    • Number of sites, and
    • Number of workers off site who are likely to be exposed to the chemical.
  • Consumer and Commercial Use Related Data
    • Product categories,
    • Sectors,
    • Whether the product is intended for use by children,
    • Percent of production,
    • Concentration range, and
    • Number of commercial workers who are likely to be exposed to the chemical.

For the 2016 submission, calendar year 2015 is the principal reporting year, which requires the presentation of enhanced manufacturing / processing and use data.

Whether a chemical substance is covered or not covered by TSCA can be determined by searching the U.S. EPA’s Substance Registry Services (SRS) web page.

Note that the current TSCA list includes more than 60,000 chemicals.

Chemicals applicable to CDR submission are identified as “TSCA Inv” in the chemical-specific search tables.

Common chemical substances (by industry sector) included on the TSCA inventory that may be subject to CDR requirements include:

  • Primary Metals – Steel, Slag, Baghouse Dust, Copper, Zinc, Manganese and Chromium;
  • Secondary Metals – Mill Scale, Zinc Oxide and Ferro Manganese;
  • Aggregates – Lime, Hydrated Lime, Bentonite and Kaolin;
  • Power – Coal Ash;
  • Paper – Secondary Treatment Sludge;
  • Refineries – Gasoline and Diesel Fuel;
  • Industrial Gases – Hydrogen, Oxygen, and Nitrogen; and
  • Miscellaneous – Glass, Tanning Waste and Cement.

TSCA includes a number of important exemptions from CDR reporting, including:

  • Byproducts that are disposed (i.e., not released to commerce) need not be reported;
  • A chemical present as an impurity (unintentionally present in another chemical substance) is exempt from reporting;
  • Polymers have a full reporting exemption;
  • Naturally occurring chemical substances have a full reporting exemption; and
  • Certain listed forms of natural gas and natural gas liquids have a full reporting exemption.

In addition, partial exemptions are available for certain petroleum process streams and for other common chemical substances (e.g., limestone, hydrogen, oxygen, nitrogen).

Additional information on the TSCA CDR program is provided on the U.S. EPA’s Chemical Data Reporting web page.

If you have any questions about the 2016 TSCA Chemical Data Reporting, please contact Dennis Ritter at dritter@cecinc.com or 412-429-2324.