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Frequently Asked Questions
2012 Chemical Data Reporting

Determining the Chemical Substances Subject to the CDR Rule

11. Non-TSCA Uses

11.1 If a company manufactures a chemical substance for a non-TSCA use, is the company required to submit CDR information for this chemical substance?
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. Substances exempted in TSCA section 3(2)(B) need not be reported. .


11.2 If a company manufactures a chemical substance which may be used for purposes regulated by TSCA and also for uses which are excluded from regulation under TSCA section 3(2)(B), should the entire quantity that the company manufactures be reported on the CDR submission?
No. Report the manufactured quantity intended for the TSCA use and do not report the quantity that is exempt from TSCA in section 3(2)(B).


11.3 A company manufactures Chemical C. Its customers use Chemical C for a variety of uses including the manufacture of a chemical substance to be used as a pesticide active ingredient. Pesticides are exempt from regulation by TSCA. Does the company need to report industrial processing and use data for this chemical substance?
Where persons manufacture chemical substances for a variety of uses, the CDR rule does not require the reporting of processing and use information on the non-TSCA uses of the TSCA chemical substances they manufacture. Therefore, a person manufacturing a chemical substance which is an active ingredient in a pesticide formulation should report the amount of the chemical substance manufactured but need not report processing and use information for activities occurring after it is incorporated into the pesticide formulation.


12. Exemptions from Reporting

12.1 Which chemical substances on the TSCA Inventory are generally exempt from CDR requirements and do not need to be reported?
Water and naturally occurring substances are exempt from CDR requirements. Three other groups of chemical substances (polymers, microorganisms, and certain forms of natural gas) are also generally exempt from CDR requirements. These general exemptions are further defined at 40 CFR 711.6 (a). Note that a particular polymer, microorganism, or form of natural gas is no longer covered under this exemption if the chemical substance becomes the subject of any of certain TSCA actions. The relevant TSCA sections are: a final or proposed rule under TSCA section 4, 5(a)(2), 5(b)(4), or 6, a consent agreement developed under the procedures of 40 CFR Part 790, an order issued under TSCA sections 5(e) or 5(f), or relief under TSCA section 5 or 7.


12.2 Many polymers are exempt from CDR regulations. How is “polymer” defined under the CDR rule?
The CDR definition of polymer is found in 40 CFR 711.6 (a)(1) for specific definition of polymers for purposes of the CDR rule. This definition differs from the definition of polymer used in the polymer exemption at 40 CFR 723.250.The very wide variety of polymers covered by the definition also includes siloxanes and silicones, polysaccharides, rubber, lignin, proteins, and other types of polymers. However, substances that result from hydrolysis, depolymerization, or chemical modification of polymers, regardless of the extent of these processes, so that the final products are no longer polymeric (e.g., a mixture of amino acids that is the result of hydrolysis of a polypeptide) are not considered to be polymers and must be reported if they are not otherwise excluded.


12.3 A company has facilities to recycle used plastic cartridges. These are existing plastic cartridges have been previously manufactured and sold to consumers. The cartridges get returned for recycling. On return, the cartridges are crushed and processed (grinding, fusing and blending, etc.) to form a mixture of pellets. No new materials are added and it is not believed that a chemical reaction is taking place that would chemically change the material into different polymers, etc. It is intended that the original plastic materials are being recycled into pellets and thereafter available for reuse. Are the recycled plastic products subject to CDR requirements?
The plastic cartridges are a combination of polymers, and polymers are generally exempt from reporting under the CDR. Any of the actions listed in this question do not appear to depolymerize the material or otherwise manufacture a chemical substance. Therefore, there is no reporting required for the recycling of the plastic cartridges.


12.4 Microorganisms are usually exempt from CDR requirements. How does the CDR regulation define microorganism?
A microorganism is any combination of chemical substances that is a living organism and that meets the definition of “microorganism” at 40 CFR 725.3. However, 40 CFR 711.6(a)(2) also points out that any chemical substance produced from a living microorganism is reportable unless otherwise excluded.

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