by Paula KaufmannWe just had our first cold weather snap in the northeast reminding me that 2012 is just around the corner. A change in the seasons is our cue to ask Emilcott clients that manufacture or import chemicals: Have you gathered the 2010 chemical volume data AND are you collecting the 2011 data needed for the 2012 TSCA Chemical Data Report?
In a previous blog we summarized the basic requirements of the inventory, production volume and use information that needs to be collected for the EPAs TSCA 2012 Chemical Data Report (CDR). You can find this bare bones chart by clicking here. The EPA recently presented the following key requirements in this document Instructions for the 2012 TSCA Chemical Data Reporting.
HIGHLIGHTS OF 2012 TSCA CHEMICAL DATA REPORTING (CDR)
- The determination of the need to report is based on production volume during calendar year 2011.
- Information on the reportable chemical substance must be reported during the 2012 CDR submission period, February 1, 2012 to June 30, 2012 (40 CFR 711.20).
- All reporting companies must report CDR data electronically, using e-CDRweb, the CDR web-based reporting tool, and EPAs Central Data Exchange (CDX) system. Prior to submitting data, submitters must register with CDX.
- Reporting is required for all chemical substances listed on the TSCA Inventory, both organic and inorganic, other than polymers, microorganisms, naturally occurring chemical substances, certain forms of natural gas, and water (40 CFR 711.5 and 711.6) when manufacture (including import) of those chemical substances meets the other reporting requirements. Chemical substances that are the subject of any of certain listed TSCA actions may not be eligible for partial or full exemptions (40 CFR 711.6).
- Manufacturers (including importers) are required to report full manufacturing data, for calendar year 2011, and production volume only, for calendar year 2010, for all reportable chemical substances, when 2011 site-specific production volume equals or exceeds 25,000 lb (40 CFR 711.15(b)).
- Manufacturers (including importers) are required to report processing and use data, for calendar year 2011, for all reportable chemical substances, when 2011 site-specific production volume equals or exceeds 100,000 lb (40 CFR 711.15(b)). Inorganic chemical substances are no longer exempt from the reporting of processing and use information.
- Small manufacturers are exempt from CDR requirements unless they manufacture (including import) 25,000 lb or more of a chemical substance that is the subject of a rule proposed or promulgated under sections 4, 5(b)(4), or 6 of TSCA, or is the subject of an order in effect under section 5(e) of TSCA, or is the subject of relief that has been granted under a civil action under sections 5 or 7 of TSCA (40 CFR 711.9) and (TSCA §8(a)(3)(A)(ii)). See Appendix B for further information.
- Information submitted under CDR may be claimed as confidential; however, such claims must be made at the time of submission and substantiated in accordance with the CDR rule. Submitters must provide upfront substantiation of confidentiality claims for processing and use information as well as for confidentiality claims for site or chemical identity. A blank response or a response that is designated as not known or reasonably ascertainable may not be claimed as confidential (40 CFR 711.30).
The EPA is frequently adding information to their Inventory Update Reporting and Chemical Data Reporting Resource page. And Emilcott will continue to update our TSCA Resource Center with helpful information -- check in often!
If you need guidance with the information that you should be gathering (starting now!) for the EPA TSCA 2012 CDR Submission, please contact Emilcott!.You can also subscribe to our TSCA newsletter to be kept up to date and enroll for our free webinar (date to be announced soon) by sending an email to pkaufmann@emilcott.com. Feel free to post any questions below in the comments section and we will respond quickly.