TSCA / CDR Introduction

The Toxic Substances Control Act of 1976 (TSCA) authorizes the Environmental Protection Agency (EPA) to restrict the use of chemicals in commerce with the aim of protecting human health and the environment from potentially hazardous chemicals. EPA achieves this by maintaining the “TSCA Chemical Substance Inventory”—a database of all chemicals allowed to be imported or manufactured in the U.S.—and requires reporting and record-keeping by entities that manufacture (including importing), process, and/or distribute chemical substances in commerce.
The Chemical Data Reporting (CDR) rule, often referred to as “the CDR,” is the main reporting obligation under TSCA, requiring all chemical manufacturers and importers to provide the EPA information on the types, quantities and uses of chemical substances manufactured domestically or imported into the U.S. The TSCA CDR is required every four years, with the 2024 report covering calendar years 2020 through 2023 due September 30^th, 2024.

What Should My Site Do?

The following are recommended general strategy steps for completing TSCA CDR:

1. Determine Site Applicability: All manufacturing facilities are subject to TSCA. However, all sites should consider whether any of the available exemptions for reporting may apply, such as those based on the specific industry or the size of the site (e.g., the “Small Manufacturer” exemption as defined in 40 CFR 704.3).  
2. Determine Chemical Applicability: Next, sites should carefully catalogue each chemical and chemical intermediate that is manufactured at or imported to the site and determine CDR applicability for each. Generally, if more than 25,000 lbs of a TSCA compound was manufactured or imported at a site, it is subject to the TSCA CDR. Note that this may include manufactured substances such as wastes and byproducts – not just intended products for sale! There are numerous exemptions that may impact applicability, however, for example, chemicals subject to TSCA Actions have a 2,500 lb threshold instead. It is recommended to cross-reference every possible reporting exemption for each chemical at the site to correctly determine applicability.
3. Begin Gathering Data Now: When reporting is triggered, information such as how and where products are processed on-site or off-site and how many workers may be exposed must be reported. This often requires internal and external communication that may take significant time and require research and resourcefulness.

Reporting Risks and Challenges

Compliance with TSCA and the CDR presents several challenges for sites in completing thorough and accurate reports. The process of determining which chemicals apply for reporting is also a complex and time-consuming process for the following reasons: 

• Many TSCA Inventory and CDR exemptions are complex and subject to interpretation depending on the site
• There is often confusion about how to properly report manufactured substances that are referred to by an industry-specific slang term such as coke, dross, caustic, lime, etc.
• SDS are not complete sources of CDR information—oftentimes supplier letters are required to confirm compliance
• Similar substances have different CAS numbers meaning potentially different regulations
• No de minimis threshold for unlisted substances
• As a quadrennial report, the template or “go-by” for a site is potentially outdated requiring a fresh approach in 2024.

The TSCA CDR Form

The TSCA CDR must be filed electronically through EPA’s Central Data Exchange (CDX), using e-CDRweb and consists of the following sections:

• Sections A – B (the “Who”) – Reporting entity and site information
• Section C (the “What”) – Identifying the chemical substances that exceed the reporting threshold and manufacturing/importing quantities per year
• Section D (the “How”) – Detailing how the chemical substance was processed and used in 2023 only, including information from outside the reporting entity’s boundaries (at its customers and those downstream of its customers) when necessary. The site must list the top 10 uses in each of two categories, industrial processing and consumer use.

The e-CDRweb reporting form became accessible on June 1, 2024.

TSCA CDR for Kentucky Sites

Kentucky has a deep manufacturing and chemical industry history; 99 sites involved in the production, processing, and import of chemicals reported for TSCA CDR in the previous reporting cycle. The most commonly reported chemicals in KY are aluminum and Bottom Ash, both of which have a TSCA CDR threshold of 25,000 lb/year and were reported at nine sites statewide. Figure 1 below shows a map of all Kentucky sites that reported for TSCA CDR in the 2020 reporting cycle. 

Trinity has previously assisted in the reporting and certification of the TSCA CDR for numerous industries in Kentucky and beyond. If your company needs support in TSCA CDR determinations and reporting, reach out to Trinity’s Kentucky office for assistance. Visit Trinity’s Kentucky page to learn more.