Five things you need to do for TSCA Chemical Data Reporting 2024

August 20, 2024

Under the Toxic Substances Control Act (TSCA) manufacturers and importers of chemicals in the US must provide the Environment Protection Agency (EPA) with information on chemicals’ production and use every four years. The next Chemical Data Reporting (CDR) deadline is September 30, 2024. With large fines and criminal penalties for non-compliance, there is no time to lose.

The 2024 CDR reporting period is now underway in the US. Since it only comes around every four years, many companies are unsure about what it involves or whether it affects them. Those that are obliged to file a report often lack the comprehensive, up to date information that the EPA requires. Here, our regulatory experts share insights and guidance to help you determine what’s needed and take the right path.

TSCA CDR reporting: five critical steps

1. Figure out whether you’re affected by TSCA reporting requirements

CDR requirements apply to manufacturers and importers of chemical substances listed on the TSCA inventory, who are doing so for commercial purposes. For most substances, the reporting threshold is 25,000lbs manufactured or imported during any calendar year since the last principal reporting year. However, this drops to 2,500lbs for chemicals subject to certain TSCA actions. To determine the applicability of reporting requirements, we suggest consulting the EPA’s Substance Registry Services (SRS) website which allows you to search by chemical identity. For CDR 2024, the four calendar years of interest are 2020 to 2023. The current principal reporting year is 2023 and the previous principal reporting year was 2019.

Companies should check the TSCA inventory carefully as some substances are granted full or partial exemptions. There are also exemptions for small manufacturers or importers of chemicals, providing the substances are not subject to certain TSCA actions. So, most companies with total annual sales less than $12million will not have to file a report. The same is true of companies with total annual sales under $120million where annual import or manufacture is less than 100,000lbs.

2. Establish what data is required for TSCA CDR reporting

If the above step indicates that you do need to file a report, it’s important to determine exactly what must be reported. We advise doing this at the earliest possible stage, as some data will have to be sourced from third parties.

For any chemical substance that was listed on the TSCA inventory as of 1 June 2024, companies need to report on:

• Total annual production (or import) volume for each calendar year of the reporting period, spanning 2020-23
• Detailed information for 2023 (the principal reporting year)
  • Manufacturing, process, and use information
  • Exposure related information

Any relevant information that is known or ‘reasonably ascertainable’ must be supplied.

3. Identify sources of detailed CDR data

Annual production data should be held on your own business records, but detailed information may have to be obtained from suppliers or customers.

For instance, if you import a chemical mixture and don’t know its composition, the supplier should be able to provide this. Alternatively, you could conduct an independent chemical analysis. Once you have this information, revisit the TSCA inventory to ensure the substance has been identified correctly.

Obtaining information about use can be difficult, so think about what might be considered ‘reasonably ascertainable’. One approach is to liaise with your biggest customer, or one that has robust systems in place, to find out how they use the substance and control exposure. This can form the basis of the use and exposure information you supply to the EPA.

4. Ensure CDR data is robust, clear and accurate
It’s a good idea to double check all data before submission to the EPA. Ensure data from your own business records has been documented correctly and will withstand scrutiny. If you operate multiple facilities, pay close attention to how much of a given substance is manufactured or imported at any one site, as you may discover you are below the reporting threshold.

Look at all of the data together to ensure it provides a complete and reliable picture, especially for the principal reporting year. If there are any anomalies, contradictions, or grey areas, investigate them and aim to fill any gaps that might cause concern.

5. Think about the logistics of filing the CDR report with EPA

Reports are submitted online via ‘Form U’ on the EPA’s Central Data Exchange (CDX) using the eCDRweb tool. One Form U can be used for multiple chemical substances, but if you have multiple sites each will require its own form. To avoid any last-minute issues, confirm your access to the tool well before the September 30 submission deadline.

There are measures on eCDRweb that can streamline the submission process, such as bulk data upload. Another useful function is the joint submission tool. If you need to provide information from suppliers or customers that they classify as confidential, they can upload it directly rather than sharing it with your organization.

Finally, remember that detailed records must be kept for any substance reported on for five years. So, put measures in place to ensure data included on Form U is regularly measured and documented until September 30, 2029, even if you don’t need to report on it for CDR 2028.

Time is short, so get started on TSCA CDR reporting today

Many companies find CDR difficult. Since it only happens every four years, staff handling the process are often unfamiliar with the requirements. Those that have done it before might assume existing data records will be sufficient, only to discover that Form U has new or updated fields.

Our advice is to take a thorough but focused approach that doesn’t overcomplicate matters. CDR is not about submitting all the data on a given substance; it’s about identifying and sourcing just enough of the right data to satisfy EPA requirements.

If you need assistance with any of the above steps or want some general guidance on TSCA and CDR our regulatory experts are here to help. Contact us at [email protected]

You can also access a webinar where we discuss how to navigate TSCA CDR reporting.