TSCA Form U Reporting in 2016. What's New?

Under the Toxic Substances Control Act, the US Environmental Protection Agency requires manufacturers to comply with the Chemical Data Reporting (CDR) rule at 40 CFR 711. The TSCA definition of "manufacture" includes the act of importing a chemical into the United States. The reporting requirements under the CDR have changed slightly since the last reporting year.

Changes for the 2016 TSCA Reporting Year
The biggest change concerns the number of years on which information must be reported. In 2012, manufacturers were only required to report on the chemicals they manufactured in 2011, even though five years had passed since the previous reporting year.

For the 2016 submission period, each site must assess the production volumes for each chemical substance manufactured at the site during each of the preceding four years (2012, 2013, 2014, and 2015). If the facility triggers the CDR requirement for any single year, it must report on all four years' production.

TSCA CDR Reporting Thresholds

The reporting threshold is 25,000 lbs. or greater, as it was in 2012. So if a site manufactured or imported 25,000 lbs. or more of a chemical in any one of the years specified (2012—2015), it is subject to the reporting requirements.

However, for certain chemical substances, the threshold is much lower: only 2,500 lbs. This threshold is new for the 2016 submission period. This lower threshold applies to any chemical substance that is subject to the following TSCA actions:

• A rule proposed or promulgated under TSCA Section 5(a)(2), 5(b)(4), or 6;
• An order issued under TSCA Section 5(e) or 5(f); or
• Relief that has been granted under a civil action under TSCA Section 5 or 7.

TSCA Chemical Data Reporting Exclusions

Certain substances are fully excluded from the CDR requirements, including any substance that doesn't meet the regulatory definition of "chemical substance," any mixture as defined by TSCA, any chemical manufactured or imported only in small amounts for research and development purposes, any chemical imported as part of an article, any impurity, any by-product with no commercial purpose of its own, non-isolated intermediates, certain polymers and naturally occurring chemical substances, and microorganisms. [40 CFR 711.6]

Who Must File CDR Reports and What to Report

Once subject to the CDR requirements, regardless of which threshold triggers the facility to report, the following information must be submitted:

• Total annual production and use information for all four years, 2012–2015.
• Processing and use information only for the principal reporting year, 2015.

All of this information must be submitted to the EPA using Form U. Since 2012, the EPA only accepts electronic submission of Form U through the e-CDR web reporting tool via the EPA's Central Data Exchange (CDX) portal. Paper submissions are no longer allowed.

Beginning with 2016, the submission period will be June 1 through September 30.

Interactive TSCA Online Training

Be confident you know the US EPA rules for managing and reporting chemical inventory. Failure to report the right information at the right time can lead to EPA fines up to $37,500 per day, per violation. The TSCA Regulations Online Course covers the latest management and reporting rules for chemicals including inventory reporting, Pre-manufacture Notifications (PMN), Significant New Uses (SNUR), PAIR reporting, import and export certifications, and more! Sign up today to prepare for the 2016 reporting rules.

 

Tags: reporting and recordkeeping, TSCA