The 2020 TSCA Chemical Data Reporting (CDR) deadline has been extended from Nov. 30, 2020 until January 29, 2021, after industry reporters recently faced difficulties with the electronic submissions system, Central Data Exchange (CDX). Earlier this year, EPA revised the CDR rule to reflect the 2016 amendments to TSCA, including changes for foreign-owned businesses and the reporting responsibilities of suppliers and contractors, as well as an exemption for small businesses.
The agency uses the CDR information in a number of ways in its TSCA program, such as setting priorities for assessing the risks of thousands of existing chemicals, conducting risk evaluations, determining which companies may be responsible for contributing to industry fees to support those evaluations and for making regulatory decisions.
The CDR rules require any company that “manufactures” chemicals to report types, quantities and uses of chemicals, at a threshold level of (typically) 25,000 lbs of a chemical substance at a single site (some specific chemicals are subject to a 2,500lb threshold). CDR is required every 4 years and for the 2020 period, total annual production must be reported for each calendar year covering 2016-2019. In addition, information regarding the number of employees that are “reasonably likely to be exposed” and maximum concentration is to be reported. As always there are certain exemptions from the CDR rules that should be evaluated.
- Byproducts produced coincidental to a manufacturing process.
- Wastes that are offered for commercial purposes (other than land disposal).
Such an extension will likely ease the burden on chemical companies that are subject to the rule, who could face EPA and third-party enforcement actions should their CDR submissions reveal violations of the Toxic Substances Control Act (TSCA).