• Manufacturers (including importers) are required to report if they meet certain production volume thresholds for a chemical substance at any single site.
• Generally, water and naturally occurring substances are exempt from CDR requirements.

Submission periods are from June 1 to September 30 at 4-year intervals. The 2024 submission period is scheduled for June 1 to September 30, 2024. Manufacturers (including importers) are required to report if they meet certain production volume thresholds for a chemical substance at any single site:

• Reporting is triggered if the annual reporting threshold at a manufacturing (including importing) site is met during any of the calendar years since the last principal reporting year. For example, for the 2024 submission period, the need to report is based on the production volume for the calendar years 2020-2023.
  • In general, the annual reporting threshold is 25,000 pounds per site. However, a reduced reporting threshold (2,500 pounds) applies to chemical substances subject to certain Toxic Substances Control Act (TSCA) actions.
  • For chemical substances that trigger reporting, total annual production volume must be reported for each calendar year since the last principal reporting year.
  • The reporting threshold for processing and use information is the same as the reporting threshold for Chemical Data Reporting (CDR) generally (25,000 pounds or 2,500 pounds), depending on the existence of certain TSCA actions.
• Certain TSCA actions may have one or more of the following effects for specific chemical substances:
  • Reduction in the threshold production volume that triggers reporting requirements.
  • Limitation on certain full or partial exemptions from reporting requirements.
  • Limitation on use of the small manufacturer exemption.
• Only one reporting threshold (either 25,000 pounds or 2,500 pounds) will apply to a chemical substance for the CDR.

Comparison of effects of TSCA actions on different CDR requirements or exemptions:

Chemicals exempt from reporting

Manufacturers (including importers) may not be required to report information on certain chemicals to CDR because of the type of chemical or because of the manner of manufacture (including import) or use of the chemical:

• Chemicals manufactured (including imported) for non-TSCA uses are not required to be reported (e.g., pesticides are exempt from reporting under CDR by TSCA). If a portion of a manufacturer’s (including importer’s) production is not subject to TSCA (for example, if the use is regulated by the Food and Drug Administration), then the production associated with the non-TSCA second use will not be reported to CDR. Note that manufacturers may report downstream non-TSCA uses for their chemical.
• Generally, water and naturally occurring substances are exempt from CDR requirements. Three other groups of chemicals (polymers, microorganisms, and certain forms of natural gas) are also generally exempt from CDR requirements. It is important to note that a particular polymer, microorganism, or form of natural gas may not be exempt if the chemical becomes the subject of certain TSCA actions, such as an enforceable consent agreement.
• Chemicals that are non-isolated intermediates, imported as part of an article, impurities, or by-products destined for certain commercial uses are exempt from reporting.

Small manufacturers exempt from reporting

The Environmental Protection Agency (EPA) has finalized amendments to the definition of small manufacturer in accordance with TSCA section 8(a)(3)(C). A submitter meeting the definition of small manufacturer at 40 CFR 704.3 would be generally exempt from CDR reporting.

Note that it is possible to qualify as a small manufacturer with respect to some chemical substances and not others or with respect to some sites and not others. Also, for purposes of the definition of a small manufacturer, total annual sales include all sales of the company, not just the total sales of a given chemical substance.

However, the exemption for small businesses does not apply to persons who manufacture (including import) a chemical substance that is the subject of a rule proposed or promulgated under Section 4, 5(b)(4), or 6 of TSCA; or is the subject of an order in effect under Section 4 or 5(e) of TSCA; or is the subject of relief that has been granted under a civil action under Section 5 or 7 of TSCA (40 CFR 711.9). In such circumstances, the volume thresholds for reporting found in 40 CFR 711.8 apply.