You might want to check out the two new fact sheets EPA has posted on the Chemical Data Reporting (CDR) rule website.  Reporting is coming up in June 2016 which will require additional reporting covering each of the years 2012 – 2015:

Reporting Thresholds for 2016  Reporting is triggered if manufacture/import exceeds 25,000 lbs an any of those years and 2,500 lbs if the chemical is covered by a SNUR or consent order or other actions covered in the second fact sheet below.  And everyone caught in those four years gets to report on processing and use they had in 2015 – unless the chemical is on the partially exempt list (which EPA has been expanding*).

Chemical Substances which are the Subject of Certain TSCA Actions  Even if you thought you were fully or partially exempt from CDR (e.g., polymers or a small manufacturer),  you still have to do CDR if there is action under section 4, 5 or 6 or a consent order or Enforceable Consent Agreement (ECA) for testing.  You don’t trip the 2500 lb trigger for section 4 or ECA chemicals, but you do lose the small business exemption for section 4 chemicals.  “Naturally occurring” chemicals remain exempt from CDR regardless of any other actions taken under TSCA (some have been caught up in ECA’s).

Each fact sheet offers some examples that might help.  But basically, this is rule pretty convoluted, so step your way through carefully.

*The CDR website lists Federal Register notices adding partially exempt chemicals.  However, it’s not up to date insofar as the Jan 16 list was withdrawn on March 30 and hopefully will be proposed again in the near future.

EHS Strategies, Inc. can help you with CDR.

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