Associate and Senior EHS Consultant
For our clients in the United States, it is important to note that the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) is coming due soon. While annual Toxic Release Inventory (TRI) reporting could be routine for industry, the U.S. Environmental Protection Agency (EPA) has made some changes that could impact chemical tracking for 2020 and for reporting in 2021.
Here are a few pointers and reminders:
Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR)
- TSCA CDR reporting opens on June 1, 2020 and reporting must be complete by November 30, 2020.
- TSCA CDR regulations require chemical manufacturers and importers to provide EPA information on the chemicals they manufacture domestically and/or directly import into the United States.
- Reporting is triggered if a site manufactured or imported chemical substances above the reporting threshold during calendar years 2016, 2017, 2018, or 2019.
- In general, the reporting threshold for a chemical substance is 25,000 pounds. However, a reduced reporting threshold of 2,500 pounds applies to chemical substances subject to certain TSCA actions.
- The CDR can also apply to chemical users or processors who manufacture by-product chemical substances.
Changes Coming to Toxic Release Inventory (TRI) Reporting
Effective January 1, 2020, EPA added Per-and Polyfluoroalkyl Substances, collectively known as PFAS, to the list of toxic chemicals subject to reporting under the Toxic Release Inventory (TRI). In 2021, PFAS will be subject to TRI reporting if they are manufactured, processed, or otherwise used above the reporting threshold of 100 pounds. Facilities should be tracking PFAS now to determine TRI reporting applicability in 2021.
For more information on these changes, click here: PFAS Subject to TRI Reporting in 2021.
Note that Form R / Form A reports for all other TRI chemicals are still due to EPA by July 1, 2020. A facility is required to submit a Form R / Form A for each chemical that is manufactured (including imported), processed or otherwise used in 2019.
- In general, the reporting threshold is 25,000 pounds for TRI chemicals that are manufactured and processed and 10,000 pounds for TRI chemicals that are otherwise used.
- Some chemicals and categories of chemicals are subject to lower thresholds.
TRI-covered industry sectors with PFAS-containing materials should begin to track and collect data on the manufacturing, processing or use of PFAS throughout 2020.
Golder can assist
Golder has experience with navigating the applicability of EPA’s TSCA CDR and TRI reporting requirements.
Furthermore, because we manage TRI reporting for many of our clients and have gained extensive experience with the identification of materials and/or products that contain PFAS, we are able to assist clients in identifying ways to reduce environmental liabilities associated with these chemicals.