U.S. EPA Extends TSCA CDR Reporting Deadline to January 29, 2021

Foley & Lardner LLP

Foley & Lardner LLPEvery four years, under the Chemical Data Reporting (CDR) Rule issued pursuant to the Toxic Substances Control Act (TSCA), manufacturers (including importers) must provide U.S. EPA with information on the production and use of certain chemicals in commerce.  EPA uses CDR data to support risk screening, risk assessment, chemical prioritization, risk evaluation, and risk management activities.  EPA had previously set a November 30 deadline for CDR reports, but recently extended it to January 29, 2021 due to technical issues with its electronic reporting tool.       

The CDR reporting requirement applies to manufacturers and importers with production (or importation) volumes of 25,000 lbs or more of certain chemicals, or 2,500 lbs or more of certain reduced reporting threshold chemical substances.  CDR reporting obligations for the 2020 reporting period are triggered if the annual production or importation thresholds at a particular facility were met or exceeded during any of the calendar years 2016 through 2019.  There are some limited exemptions, including for small volumes or impurities.  

CDR reports must be submitted through EPA’s Central Data Exchange (CDX) system, and are due by January 29, 2021. 

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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