On June 22, 2023, the U.S. Environmental Protection Agency (EPA) announced that the 2024 submission period for the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule is from June 1, 2024, to September 30, 2024. 88 Fed. Reg. 40816. The CDR rule requires manufacturers (including importers) of chemical substances on the TSCA Inventory above an applicable regulatory threshold to report to EPA, every four years, information concerning the manufacturing, processing, and use of such chemical substances, unless exempt from this requirement under the CDR rule. For the 2024 submission period, manufacturers (including importers) are subject to the reporting requirements based on manufacturing (including importing) activities conducted during the calendar years 2020 through 2023.
EPA states that potentially affected entities include but are not limited to:
- Chemical manufacturers (including importers) (North American Industrial Classification System (NAICS) codes 325 and 324110, e.g., chemical manufacturing and processing and petroleum refineries); and
- Chemical users and processors who may manufacture a byproduct chemical substance (NAICS codes 22, 322, 331, and 3344, e.g., utilities, paper manufacturing, primary metal manufacturing, and semiconductor and other electronic component manufacturing).
EPA states that reporting is required for all chemical substances listed on the TSCA Inventory as of June 1, 2024, other than polymers, microorganisms, naturally occurring chemical substances, water, and certain forms of natural gas (40 C.F.R. Sections 711.5 and 711.6) when manufacture (including import) of those chemical substances otherwise triggers the reporting requirements. EPA notes that chemical substances (other than naturally occurring chemical substances) that are the subject of any of the following TSCA actions are not eligible for partial or full exemptions: proposed or promulgated rules under TSCA Sections 4, 5(a)(2), 5(b)(4), or 6, an enforceable consent agreement (ECA) developed under the procedures of 40 C.F.R. Part 790, an order issued under TSCA Sections 4, 5(e), or 5(f), or relief that has been granted under a civil action under TSCA Sections 5 or 7 (40 C.F.R. Section 711.6).
According to EPA’s June 21, 2023, press release, updated guidance documents on submitting information to the CDR database will be available in fall 2023. EPA states that helpful information about prior CDR reporting cycles is available on the CDR website.