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This is a reminder that November 30, 2020 is the deadline for submitting information to U.S. EPA for Chemical Data Reporting (CDR) purposes. CDR is part of the Toxic Substances Control Act (TSCA). CDR regulations are found at 40 CFR Part 711. CDR involves reporting every four years, and this year (2020) is a reporting year. As noted previously, EPA extended the reporting deadline by two months to November 30, 2020 in response to a request from ReMA during Regulatory Review.

In the case of a scrap recycler, CDR applies if it imports 25,000 lb or more (yes, pounds) of scrap metal to any one U.S. facility during a calendar year. The 25,000-lb threshold is calculated for each metallic element in an alloy, which is considered a mixture of metals. For instance, if 40,000 lb were imported consisting of 50 percent iron and 50 percent aluminum, no reporting would be required because neither metal reached 25,000 lb; however, if the same amount were 75 percent iron and 25 percent aluminum, then iron would be reported (30,000 lb), but not aluminum (10,000 lb). To determine amounts by metallic element, recyclers may use known or “reasonably ascertainable” information about their imported scrap metal (i.e., an assay is not required; an approximate composition may be used). CDR does not apply to processing of domestically sourced scrap metal, including shearing, chopping, baling, shredding, and even sweating.

For consuming activities, CDR applies if produced slags or byproducts (i.e., metal oxides) are converted to metal or another chemical substance and also if a mineral is imported for the purpose of alloying. The same annual 25,000-lb threshold per U.S. facility applies.

At the same time, CDR does provide an exemption from reporting for a “small manufacturer”, including an importer. A “small manufacturer” for 2020 reporting meets one of these two conditions:

1. 2019 annual sales of $120 million company-wide, applicable to any element with a reportable quantity not exceeding 100,000 lb; or
2. 2019 annual sales of $12 million company-wide, with no limits on reportable quantities.

Condition 1 provides an exemption from reporting only for an element with reportable quantities not exceeding 100,000 lb at a facility during 2016-2019; however, other elements at that facility with reportable quantities above 100,000 lb during 2016-2019 are not exempted and must be reported. In contrast, Condition 2 provides an exemption from all reporting.

Reporting in 2020 covers reportable activities during Calendar Years 2016, 2017, 2018, and 2019. Calendar Year 2019 is the Principal Year for which more information must be reported. CDR information must be reported electronically via EPA’s Central Data Exchange (CDX) system. EPA’s CDR information is posted online.

ISRI has updated CDR guidance on our website. Questions may be directed to David Wagger at (202) 662-8533.