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The Chemical Data Reporting (CDR) rule, formerly known as the Inventory Update Reporting (IUR) rule, requires covered manufacturers (including importers) to report to the Environmental Protection Agency (EPA) information concerning the manufacturing, processing, and use of certain chemical substances listed on the Toxic Substances Control Act (TSCA) Chemical Substance Inventory. The CDR rule is prompted by Section 8(a) of TSCA.
CDR information is collected every four years (2020, 2024, 2028, etc.). The CDR submission period usually runs from June 1 to September 30. CDR submissions are due by the close of the submission period and must be submitted using e-CDRweb via EPA’s Central Data Exchange (CDX).
Scope
Manufacturers (including importers) are required to report if they meet certain production volume thresholds, generally 25,000 pounds or more of a chemical substance at any single site during any calendar year since the last principal reporting year. However, a reduced reporting threshold (2,500 pounds) applies to chemical substances subject to:
- A rule proposed or promulgated under TSCA Sections 5(a)(2), 5(b)(4), or 6;
- An order issued under TSCA Sections 4, 5(e), or 5(f); or
- A relief that has been granted under a civil action under TSCA Sections 5 or 7.
Note that manufacturers (including importers) may be exempt from reporting information on certain chemicals because of the type of chemical or because of the manner of manufacture (including import) or use of the chemical. Small manufacturers (including importers) who meet certain requirements are also generally exempt from CDR requirements.
Regulatory citations
- 40 CFR Part 711 — TSCA chemical data reporting requirements
Key definitions
- CDX or Central Data Exchange: EPA's centralized electronic document receiving system or its successors.
- Manufacture: To 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 chemical substances. A chemical substance is co-manufactured by the person who physically performs the manufacturing and the person contracting for such production when:
- That chemical substance, manufactured other than by import, is produced exclusively for another person who contracts for such production; and
- That other person dictates the specific chemical identity of the chemical substance and controls the total amount produced and the basic technology for the manufacturing process.
- Manufacture for commercial purposes: To import, produce, or manufacture with the purpose of obtaining an immediate or eventual commercial advantage for the manufacturer, and includes among other things, such “manufacture” of any amount of a chemical substance or mixture:
- For commercial distribution, including for test marketing; or
- For use by the manufacturer, including use for product research and development or as an intermediate.
- Manufacturer: A person who manufactures a chemical substance.
- Principal reporting year: The latest complete calendar year before the submission period.
- Reportable chemical substance: A chemical substance described in 40 CFR 711.5.
- Site: A contiguous property unit. Property divided only by a public right-of-way shall be considered one site. More than one manufacturing plant may be located on a single site.
- For chemical substances manufactured under contract (i.e., by a co-manufacturer), the site is the location where the chemical substance is physically manufactured.
- The site for an importer who imports a chemical substance described in 711.5 is the U.S. site of the operating unit within the person's organization that is directly responsible for importing the chemical substance. The import site, in some cases, may be the organization's headquarters in the U.S. If there is no such operating unit or headquarters in the U.S., the site address for the importer is the U.S. address of an agent acting on behalf of the importer who is authorized to accept service of process for the importer.
- For portable manufacturing units sent to different locations from a single distribution center, the distribution center shall be considered the site.
- Submission period: The period in which the manufacturing, processing, and use data are submitted to EPA.
Summary of requirements
Manufacturers (including importers) of a chemical substance can approach the CDR rule as follows:
- Determine whether the chemical substance is subject to the CDR rule.
- If you manufacture (or import) a CDR-reportable chemical substance, determine if you’re a manufacturer required to report and whether you have any exemptions from CDR reporting.
- If you manufacture (or import) a CDR-reportable chemical substance and are required to report:
- Determine if you have any partial exemptions.
- Identify the information you must report.
- Find out when you’re required to report (the submission period).
- Register with CDX and register the name of the company on whose behalf you’re submitting a Form U.
- During the CDR submission period, use e-CDRweb (the CDR reporting tool) and EPA’s CDX to create an electronic version of Form U and submit information as required under the CDR rule.
- Note that information submitted under the CDR rule may be claimed as confidential; however, such claims must be made at the time of submission and substantiated in accordance with TSCA and the CDR rule. Submitters must provide upfront substantiation of all confidentiality claims except for claims made for domestic manufacture, import, yearly production volume, and certain joint submission information.