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Next Year is a Reporting Year for TSCA Chemical Data Reporting

Oct 27, 2015, 12:59 PM by SPAN
In anticipation of TSCA Chemical Data Reporting (CDR) next year (2016), earlier this month, EPA held the first of several anticipated webinars to discuss TSCA CDR and EPA's Central Data Exchange (CDX) platform for reporting.

In anticipation of TSCA Chemical Data Reporting (CDR) next year (2016), earlier this month, EPA held the first of several anticipated webinars to discuss TSCA CDR and EPA's Central Data Exchange (CDX) platform for reporting. EPA's CDR regulations potentially apply to scrap recyclers (see ISRI's brief CDR summary).

Generally under CDR, companies that "manufacture" annually 25,000 pounds or more of a "listed chemical substance" at any U.S. facility may have a future reporting obligation. Importantly, for CDR purposes, "manufacturing" includes importing, besides creating a chemical substance from other chemical substances. However, "manufacturing" does not include mechanical (e.g., shredding) or manual (e.g., sorting) processing of a chemical substance. "Listed chemical substances" include all metals individually and steel.

If a recycler does not import, it cannot have a reporting obligation, unless it engages in non-importing "manufacturing" activity. If a broker imports scrap metal for delivery to a U.S. facility, the broker or the facility could have a reporting obligation if thresholds are reached. Under CDR, importing activity in 2012, 2013, 2014, and 2015 may need to be reported in 2016. Reporting must be done through EPA's CDX platform.

Questions about CDR should be directed to Director of Environmental Management David Wagger at (202) 662-8533.