Every four years, manufacturers and importers of chemicals must report to the U.S. Environmental Protection Agency (EPA) under its Chemical Data Reporting (CDR) rule, 40 C.F.R. Part 711. The CDR rule, issued under the Toxic Substances Control Act (TSCA), requires manufacturers or importers to file reports for all chemical substances they manufacture or import over certain volume thresholds — subject to some exemptions. The CDR rule is not limited to companies that sell chemicals; it applies to any entity that manufactures or imports chemical substances in commerce in the United States (that is, listed on the TSCA Chemical Substance Inventory).
The CDR rule applies to a broad range of industries including biotechnology companies, paper and metal manufacturers, and electric utilities.
Many manufacturers and importers may be unaware of this obligation, especially start -up companies and fast-growing midsize companies. CDR reports for 2020, which cover calendar years 2016 through 2019, are due to EPA by November 30. Required information includes chemical identities of substances, total annual production or import volume, volumes used onsite and exported, and risks to onsite workers. Below we outline five key elements of the CDR rule.
Sidley Austin LLP provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice or to create a lawyer-client relationship. Readers should not act upon this information without seeking advice from professional advisers.
Attorney Advertising—Sidley Austin LLP, One South Dearborn, Chicago, IL 60603. +1 312 853 7000. Sidley and Sidley Austin refer to Sidley Austin LLP and affiliated partnerships, as explained at www.sidley.com/disclaimer.
© Sidley Austin LLP