«2012 Chemical Data Reporting Frequently Asked Questions May 8, 2012 (Updated July 18, 2012) These Frequently Asked Questions (FAQs) are intended to ...»
2012 Chemical Data Reporting
Frequently Asked Questions
May 8, 2012
(Updated July 18, 2012)
These Frequently Asked Questions (FAQs) are intended to clarify the reporting
requirements for Chemical Data Reporting for the 2012 reporting period.
In EPA’s August 16, 2011, Chemical Data Reporting rule, the Agency changed the
name of its chemical reporting regulation from the Inventory Update Reporting (IUR)
Rule to the Chemical Data Reporting (CDR) Rule, which is codified at 40 CFR 711.
However, throughout this document, EPA has retained the use of the term “IUR” to reflect historic terminology and has used the term "CDR" to describe the revised reporting requirements under the new rule. In other words, EPA is using “IUR” to refer to the 2006 and earlier submission periods; it’s using “CDR” to refer to the 2012 and later submission periods, to which the new rules apply.
These FAQs should be used for guidance only and are not a substitute for the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule. You should carefully review the CDR regulations, located at 40 CFR Part 711, for specific information on how to comply with CDR requirements.
If you need more help, visit EPA's Chemical Data Reporting webpage or contact EPA's TSCA Hotline at firstname.lastname@example.org or 202-554-1404.
Table of Contents General CDR Questions
Purpose of CDR
2012 Submission Period
Guidance and Training
Determining the Chemical Substances Subject to the CDR Rule
Manufactured Chemicals (Including Imported) for Commercial Purposes
Chemical Substances on the TSCA Inventory — General
Exemptions from Reporting
Production Volume Thresholds
Determining If You Are a Manufacturer or Importer Required to Report
2012 CDR FAQs 1 July 18, 2012 Certain Regulated Chemical Substances
Small Quantities for Research and Development
Determining the Information You Must Report
Processing and Use Reporting Threshold
Full Reporting for Chemical Substances
Partial Reporting Exemptions
Completing Form U
Part I – Company and Site Identification Information
Section A. Parent Company Information (Blocks 1.A.1-1.A.8)
Section B. Site Information (Blocks 1.B.1-1.B.8)
Section C. Technical Contact Information (Blocks 1.C.1-1.C.10)
Part II — Section A. Chemical Substance Identification (Blocks 2.A.1-2.A.4)
Part II — Section B. Manufacturing Information
Physical Form (Blocks 2B.13-2.B.19)
Other: Maximum Concentration, Recycling (Blocks 2.B.11-2.B.12)
Past Production Volume (Block 2.B.20)
Part III — Processing and Use Information
Section A. Industrial Processing and Use Data (Blocks 3.A.1-3.A.10)
Section B. Consumer and Commercial Use Data (Blocks 3.B.1-3.B.10)
Parts II and III — Estimating Number of Workers Reasonably Likely to be Exposed to a Chemical Substance (Block 2.B.10 and Sections 3.A. & 3.B.)
What to Consider When Estimating
Estimating Workers in Part II and Part III
Part IV — Joint Submissions (Sections 4.A.-4.D.)
Asserting Confidentiality Claims and Certification Statements
Part I — Company and Site Information (Blocks 2.B.1-2.B.3)
Part II — Chemical Substance and Manufacturing Information (Block 2.A.1 and Blocks 2.B.4-2.B.20)
Part III – Processing and Use Information (Sections 3.A. and 3.B.)
Part IV — Joint Submissions (Sections 4.A-4.D.)
Penalties for Not Submitting a Report
Submission Periods After 2012
Purpose of CDR Question What happened to the document: Q&A Document: Recycling and the TSCA Chemical Substance Inventory - Premanufacture Notification and Chemical Data Reporting Requirements?
Answer On July 18, 2012, EPA moved the questions and answers from the subject document into the FAQs. To avoid duplication on the website, EPA removed the original document. At the same time, EPA added information to certain questions and answers to clarify areas for which the agency has received additional questions. You may still access the May 2011 Q&A document.
Question (23002-33113)What is the difference between IUR and CDR?
Answer CDR is the new name for IUR. As part of the IUR Modifications final rule, EPA changed the name of the regulation from the Inventory Update Reporting (IUR) Rule to Chemical Data Reporting (CDR) Rule. The reader should note that wherever IUR is used to refer to the 40 CFR 711 regulations or to future CDR submission periods, IUR and CDR are synonymous.
Question (23002-33114) Is the purpose of CDR to make additions or deletions to the list of substances included on the TSCA Chemical Substance Inventory?
Answer No. The purpose of CDR is to collect recent information on the manufacture (including importation);
processing; and industrial, commercial, and consumer uses of certain chemical substances currently on the TSCA Inventory. Additions to the TSCA Inventory are made through EPA’s New Chemicals Program (See 40 CFR Part 720).
Question (23002-33115) What is the difference between the CDR rule and the Toxic Release Inventory (TRI) rule?
Answer The CDR rule, promulgated under the authority of Section 8(a) of TSCA, requires chemical substance manufacturers (including importers) to report manufacturing data and industrial, commercial, and consumer processing and use information for a portion of the substances on the TSCA Inventory. The TRI rule focuses on chemical substances specified under the Emergency Planning and Community Rightto-Know Act (EPCRA). Under the TRI rule, regulated facilities must report information on the releases and other waste management of EPCRA Section 313-listed chemical substances.
Question (23002-33116) When is reporting required for 2012 Chemical Data Reporting?
Answer The 2012 submission period, during which 2011 manufacturing, processing and use and 2010 production volume information will be reported, is scheduled to occur from February 1, 2012, to June 30, 2012.
Question (23002-33117) What is the reporting frequency for the 2012 submission period and beyond?
Answer The reporting frequency, which was every five years for the 2006 IUR, is now every four years. After the 2012 CDR submission period, the next submission period will be in 2016.
Guidance and Training Question (23002-33118) What types of reporting assistance are available?
Answer In addition to these frequently asked questions, reporting assistance is available within the e-CDRweb reporting tool and in various documents and training modules on the Resources page of the CDR website.
Question (23002-33119) Is EPA providing training for CDR reporting?
Answer EPA provided two webinar training opportunities in fall 2011. On September 23, 2011, EPA held a webinar to review the e-CDRweb reporting tool and collected feedback from stakeholders who tested the e-CDRweb reporting tool. On November 16, 2011, EPA held another webinar to review the CDR reporting requirements and process. Information about these webinars is available on the About Submissions page of EPA’s CDR website.
The e-CDRweb reporting tool contains embedded assistance for reporting. To access e-CDRweb, you must first register with the Agency’s Central Data Exchange (CDX). Read the CDX User Registration Guide, including instructions for obtaining e-CDRweb. In addition, EPA has made available two webbased training webinars that guide the user in completing and submitting the web-based electronic Form U. These documents and webinars, along with other useful information, can be found on the About Submissions page of the CDR website.
The Resources page of the CDR website contains a variety of information sources. Seven training modules provide an easy-to-follow overview of the reporting requirements for 2012, recent changes to requirements, information to prepare for 2016 reporting, and other special topics. The EPA guidance document, Instructions for the 2012 TSCA Chemical Data Reporting (Instructions for Reporting), contains answers to most questions concerning reporting under the rule. The purpose of the Instructions for Reporting document is to help the regulated community comply with the requirements of the CDR rule. In 2012 CDR FAQs 4 July 18, 2012 addition to the Instructions for Reporting, the Examples and Case Studies for the 2012 Chemical Data Reporting document presents sample reporting scenarios and examples to help you with the reporting requirements. These documents are not a substitute for the CDR regulations found at 40 CFR 711.
If you need additional reporting assistance, you may contact the TSCA Hotline at (202)564-1404 or send an email to eCDRweb@epa.gov.
Question (23002-33120) I know that EPA has provided both on-line and in-person training opportunities and guidance materials to facilitate the electronic reporting, but our company is especially concerned we will not be able to upload our data to the e-CDRweb. Will EPA provide a schema for this purpose?
Answer Yes, EPA provided final XML schema for both primary and joint submissions, allowing companies to ensure their internal systems will be able to directly upload data to the e-CDRweb. The final schema, based on the August 2011 final CDR rule, is available on the About Submissions page of the CDR website.
General Question (23002-33121) How do I determine my reporting requirements?
Answer Carefully review the regulations located at 40 CFR 711.5 to determine your reporting requirements.
Section 2.0 of the 2012 Instructions for Reporting explains the reporting requirements, using flow diagrams and examples to help you determine if your chemical substance is reportable and if you are required to report.
You should consider the following three steps to determine whether you are required to report for each chemical substance that you domestically manufacture (including import) into the US
during the principal reporting year (i.e., calendar year 2011):
Step I: Is your chemical substance subject to the CDR rule?
[See Figure 2-1 in the Instructions for Reporting.] Step II: Are you a manufacturer (including importer) who is required to report?
[See Figure 2-2 in the Instructions for Reporting.] Step III: What information must you report?
[See Figure 2-3 in the Instructions for Reporting.] You may also review how to determine your reporting requirements by reading Training Module 2 — Reporting Requirements for the 2012 CDR Manufactured Chemicals (Including Imported) for Commercial Purposes Question (23002-33122) If a company purchases chemicals and blends them into finished products, with no chemical reactions, is the company required to report these materials?
Answer No. The CDR rule requires only manufacturers, including importers, of chemical substances listed on the TSCA Chemical Substance Inventory to report. Therefore, if a company purchases all of its chemicals from domestic sources and does not use them to manufacture other chemicals, the company is not required to report.
Question (23002-33123) If a company manufactures a chemical substance on the TSCA Inventory solely for export, is the company subject to CDR regulations?
Answer Yes. Persons who manufacture chemical substances solely for export are considered manufacturers for the purposes of CDR and need to comply with the CDR regulations. Note, however, that the information required by 40 CFR 711.15(b)(4) is restricted to domestic activities, i.e., within the customs territory of the United States. If all processing and use occurs outside the United States, the company would fill out
Question (23002-33124) Is a company a manufacturer if it buys the material and resells it or if the company buys the material and packages it into drums?
Answer In 40 CFR 711.3 “manufacture” is defined in part as "manufacture, produce, or import for commercial purposes. Manufacture includes the extraction, for commercial purposes, of a component chemical substance from a previously existing chemical substance or complex combination of substances.” In both of the examples, the company is not manufacturing as long as the company is purchasing from a domestic source. If the company is importing, then it is manufacturing.
Question (23002-33198) Is double reporting required of extracted substances if sold as individual chemicals?
Answer No, whenever a substance is manufactured, as defined by TSCA and EPA regulations, it must be reported. EPA does not require double reporting for a single instance of manufacture.
Question (23002-33201) What is an “exporter” under the rule?
Answer The CDR rule does not define or reference a definition for exporter as there are no reporting obligations under the Rule for exporting. Manufacturing includes importing but not exporting.
Question (23002-33199) Is reporting required if the same chemical changes concentration?
Answer No. Change in concentration does not trigger a need to report.
Question (23002-33200) Must a used solvent that is resold be reported?
Answer The act of selling does not constitute manufacture under TSCA and therefore would not trigger a CDR reporting obligation.