Chemical Data Reporting

Other Issues

Return to Table of Contents

Recordkeeping Requirements

Penalties for Not Submitting a Report

Additional Regulatory Information for CDR Chemical Substances

  • 38.1. Where can I find more information about TSCA Section 4 proposed or final rules?

    For  chemical substances subject to a final test rule, you can learn more about the  requirements by viewing test rule requirements (Subparts B and D), as well as EPA’s sunset table to determine the sunset date of the rule and the applicable Federal Register citation. If your chemical substance is in an active final test rule, then you may be required to submit a letter of intent to conduct testing or submit an exemption application. For more information, contact the TSCA Hotline at (202)-554-1404.

    To determine whether your chemical substance is in an active proposed or final test rule under 40 CFR 790.45 for 2016 CDR purposes, visit Substance Registry Services and view the “2016 CDR TSCA 4 TR” list.

  • 38.2. Where can I find more information about a TSCA Section 4 Enforceable Consent Agreement (ECA)?

    You can learn more about the specific ECA, its requirements, and verify whether your company is subject to the ECA by viewing 40 CFR 799.5000 and 5025, as well as EPA’s sunset table to determine the sunset date of the ECA and its applicable Federal Register citation. In addition, even if your company is not a signatory to the ECA, your company may be subject to export notification requirements. For more information, contact the TSCA Hotline at (202)-554-1404.

    To determine whether your chemical substance is in an active ECA for 2016 CDR purposes, visit Substance Registry Services and view its “2016 CDR TSCA 4 ECA” list.

  • 38.3. Where can I find more information about a TSCA Section 5(a) Significant New Use Rule (SNUR)?

    To find out the requirements for a chemical substance that is the subject of a SNUR, visit ChemView.  To determine whether your chemical substance is in a proposed or final SNUR for 2016 CDR purposes, visit Substance Registry Services and view the “2016 CDR TSCA 5(a) SNUR."

    If your company is not following the requirements in the SNUR, then a significant new use notice (SNUN) may need to be submitted pursuant to 40 CFR 721.5. If you have questions on the applicability of an existing use, need a copy of the existing SNUR, or have other questions related to SNURs, please contact the appropriate individual on EPA’s New Chemicals Management Branch webpage.

  • 38.4. Where can I find more information about a TSCA Section 5(e) Consent Order?

    You can review the 5(e) consent order restrictions for the chemical substance(s) that you manufacture (including import). You should have the full version of the order, including confidential business information, on-site. If you need a copy or have other questions, then please contact the appropriate individual in EPA’s New Chemicals Management Branch for more information.

    To determine whether your chemical is in a 5(e) consent order for 2016 CDR purposes, visit Substance Registry Services and view its “2016 CDR TSCA 5(e) Consent Orders” list.

  • 38.5. Where can I find more information about a TSCA Section 5(f) rule?

    Orders issued pursuant to TSCA section 5(f) may limit the amount of such substances that may be manufactured (including imported), processed, or distributed in commerce. For additional information, you can view applicable Federal Register notices for the chemical substances that you manufacture (including import), and verify that you are in compliance with any applicable restrictions. For more information, contact the TSCA Hotline at (202)-554-1404.

    To determine whether your chemical is in a 5(f) rule for 2016 CDR purposes, visit Substance Registry Services and view its “2016 CDR TSCA 5(f) Specific Labeling” list.

  • 38.6. Where can I find more information about a TSCA Section 6 rule?

    You can review the TSCA section 6 restrictions (and proposed restrictions) in applicable Federal Register notices for the chemical substances that you manufacture (including import), and verify that you are in compliance with any applicable restrictions. For more information, contact the TSCA Hotline at (202)-554-1404.

    To determine whether your chemical is in a section 6 rule for 2016 CDR purposes, visit Substance Registry Services and view its “2016 CDR TSCA 6 Unreasonable Risk” list.

  • 38.7. What do I do if my chemical substance is not on the TSCA Inventory?

    In order to manufacture (including import) a chemical substance for a non-exempt commercial purpose, it must be: on the TSCA Inventory, a naturally occurring chemical substance as defined by TSCA (see 40 CFR 710.4(b)), or excluded by TSCA Section 3(2)(B)*. You can visit Substance Registry Services and view its “2016 CDR TSCA Inv” list to determine whether your chemical substance is on the TSCA Inventory for 2016 CDR purposes. 

    If your chemical substance is not on the TSCA Inventory, please see EPA’s Pre-Manufacture Notice (PMN) Requirement flowchart to determining if a Notice must be submitted to the Agency, prior to manufacture (including import). You can also phone the TSCA Hotline at (202)-554-1404 for assistance.

    A chemical substance that is not on the TSCA Inventory, a naturally occurring chemical substance as defined by TSCA, or exempted in TSCA Section 3(2)(B)) must be submitted with a notice as per 40 CFR 720.22(a)(1), prior to manufacture (including import). 

    If a company discovers that it is manufacturing (including importing) a substance which is not on the TSCA Inventory and should have been reported to EPA as a new chemical substance, such manufacture or importation is in violation of Section 5 of TSCA and could subject the company to enforcement action. If a company finds that it has or may have manufactured or imported a chemical substance in violation of TSCA, contact the Agency at the following address: /compliance/epas-edisclosure.

    Significant reductions in penalties may be given to persons who voluntarily disclose such information. Note, however, that continued manufacture, (including importation) or use of such chemical substances remains in violation per Section 15 of TSCA, even after a company has contacted EPA, until the requirements of TSCA Section 5 have been met. These reporting requirements are distinct from the CDR.

    *Substances exempted in TSCA Section 3(2)(B) include: any pesticide as defined by the Federal Insecticide, Fungicide, and Rodenticide Act, when manufactured, processed, or distributed in commerce for use as a pesticide; any food, food additive, drug, cosmetic, or device, as defined by the Federal Food, Drug, and Cosmetic Act, when manufactured, processed, or distributed in commerce for use as a food, food additive, drug, cosmetic or device; tobacco or any tobacco product; any source material, special nuclear material, or byproduct material as such terms are defined in the Atomic Energy Act of 1954; and, any article the sale of which is subject to the tax imposed by Section 4181 of the Internal Revenue Code.