Mark your calendars, the submission period for Chemical Data Reporting (CDR) is from June 1 – September 30, 2024 and will cover reporting years 2020 to 2023. All chemical manufacturers, processors and importers that meet certain volume thresholds of chemicals on the Toxic Substances Control Act (TSCA) Inventory must report every four years under the CDR. Substances that are not for TSCA uses are exempt from reporting, such as if a material is intended for use in a pesticide or cosmetic. Note, if your substance ultimately is used in both TSCA and non-TSCA products, you must still report the volume of the TSCA uses for that substance (if applicable).
Considerations
- Start with understanding if your substances may be subject to reporting based on their use.
- Determine if you are a Small Manufacturer, since you may be exempt or have reduced reporting requirements.
- Determine the reporting threshold for your substances, the usual reporting threshold is 25,000 lbs. or 2,500 lbs.
- If substances are imported, it is important to identify the responsible party for reporting.
Tips for Reporting
If you are subject to the CDR, start early with collecting information on the volume of the substances manufactured, processed, or imported in the United States by collecting this information throughout the year.
Create or update your CDX account prior to submission. This will help prevent any IT delays with your filing.
The Environmental Protection Agency (EPA) has yet to fully update their website with information pertinent to the 2024 report. They did post a summary of changes for this year. One of the most notable changes is that EPA has switched the Processing and Use codes for industrial function and commercial/consumer products to align with OECD Internationally Harmonized Functional, Product, and Article Use Categories. The 2020 instructions document which is still available on EPA's website, details that this change would occur and provides tables with the old and new codes, presumably these codes will not change in the updated instruction manual.
EPA held a webinar previewing the 2024 reporting tool and testing, which a recording is available. This webinar may better help you prepare by demonstrating the reporting tool.
CDR reporting can be a daunting process, especially the first report. Steptoe professionals can answer your questions or even file the report on your behalf.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.