Chemical Reporting and 2016 requirements

"A transformation initiated by both parties" (President Barak Obama 2016)

Chemical Reporting and 2016 requirements

President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act into law on June 22, 2016. This law amends the TSCA (Toxic Substance Control Act) of 1976. The law addresses shortcomings in the TSCA which limited the EPA's ability to perform the task of protecting the public from dangerous chemicals. The new law has given the EPA new tools and guidelines in determining if or when certain chemical reporting thresholds are meet.

The EPA views the laws as a major victory for chemical safety, public health and the environment. Already taking step, the EPA has begun identifying those chemicals actively in commerce, and prioritizing substances with the most risk potential.

The most immediate effects will be seen in the new chemicals review process. The EPA is now required to make determination on a new chemical before manufacturing can commence. Companies that have submitted PMNs (Premanufacture Notices) before the law's enactment effectively have the 90-day review period reset.

The new law does not affect the states authority to address local environmental concerns related to air, water, waste treatment and disposal. States have the option to pair up with the Federal government for enforcement. State action on a chemical is only superseded if the EPA has acted – either by finding a chemical safe, or placing a chemical on an identifiable risk list.

2016 Chemical Data Reporting (CDR)

The Frank R. Lautenberg Chemical Safety for the 21st Century Act has introduced changes to confidential information submission. The EPA altered the CBI certification statement for 2016 CDR submission, to be consistent with the new law's requirements. In addition the EPA is updating the guidance, instructions, and informational documents to be consistent with the new language.

Manufactures and importers are required to give the EPA information on the chemicals they manufacture domestically or import into the United States. The EPA uses the data to assess the potential health, environmental and safety effects these chemicals will have. Then makes the non-confidential business information available to the public.

Chemical Reporting, changes in 2016

Chemical Reporting - changes in 2016

Who must report?

The reporting threshold is 25,000 lbs. per site. A reduced reporting threshold of 2,500 lbs. now applies to certain chemical substances subject to TSCA actions. Reporting is now triggered if the annual reporting threshold is met during any of the calendar years since the last principal reporting year (2012-2015). With the passing of the 2012 CDR there is no longer a different reporting threshold for processing and use information. Only one reporting threshold will apply to a chemical substance, either 25,000 lbs or 2,500 lbs., for the 2016 CDR. That threshold is determined based on the chemical substance's status as of June 1, 2016.

EPA Quick Guide: Who must report to CDR

If your chemical is subject to one or more of these TSCA actions as of June 1, 2016: Your obligation to report CDR information is:
Subject to 25,000 lb reporting threshold Subject to 2,500 lb reporting threshold Not eligible for certain full or partial exemptions from reporting Not eligible for small manufacturer exemption
Not subject to TSCA action X
TSCA section 4 rules (proposed or promulgated) X X X
Enforceable Consent Agreements (ECAs) X X
TSCA section 5(a)(2) SNURS (proposed or promulgated) X X
TSCA section 5(b)(4) rules (proposed or promulgated) X X X
TSCA section 5(e) orders X X X
TSCA section 5(f) orders X X
TSCA section 5 civil actions X X X
TSCA section 6 rules (proposed or promulgated) X X X
TSCA section 7 civil actions X X X

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