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Frequently Asked Questions
2012 Chemical Data Reporting
Determining If You Are a Manufacturer or Importer Required to Report
14. Small Manufacturers
- 14.1 Are small manufacturers exempt from CDR reporting requirements?
- Usually yes (see D.2.2. below). A submitter meeting either of the following criteria (40 CFR 704.3) would be considered a small manufacturer and generally exempt from CDR reporting if:
- Total sales during 2011, combined with those of the parent company, domestic or foreign (if any), are less than $4 million regardless of annual production volume.
- Total sales during 2011, combined with those of the parent company, domestic or foreign (if any), are less than $40 million and your annual production volume of that chemical substance does not exceed 100,000 lb at any individual plant site. If the annual production volume of the chemical substance at any particular site is more than 100,000 lb, the submitter is required to report for that particular site.
Note that under this criterion, it is possible to qualify as a small manufacturer with respect to some chemical substances and not others or with respect to some sites and not others.
For purposes of the definition of a small manufacturer, total annual sales include all sales of the company, not just the total sales of a given chemical substance. - 14.2 Are there any situations where small manufacturers may be subject to CDR reporting?
- Yes. The exemption for small businesses does not apply to persons who manufacture (including import) a chemical substance that is the subject of a rule proposed or promulgated under section 4, 5(b)(4), or 6 of TSCA, or is the subject of an order in effect under section 5(e) or 5(f) of TSCA, or is the subject of relief that has been granted under a civil action under section 5 or 7 of TSCA (40 CFR 711.9). However, even in such circumstances, the volume thresholds for reporting found in §711.8 still apply.
- 14.3 My company has total sales of $37 million, so I am applying the 100,000 lb production volume threshold to determine my small manufacturer status. Is this threshold applied separately to each "chemical substance"?
- Yes, this production threshold is chemical-specific. Therefore, if the company has manufactured 35,000 lb of chemical A, 140,000 lb of chemical B, and 95,000 lb of chemical C, the company qualifies for small manufacturer status with respect to chemicals A and C, but not chemical B. To the extent the company qualifies for small manufacturer status, it is generally exempt from CDR. Thus the company would generally expect to be exempt from CDR for chemicals A and C. As discussed above in answer D.2.2; however, if chemical A or C is subject to any of certain TSCA actions, the company is subject to CDR for that chemical, notwithstanding its small manufacturer status.
- 14.4 If a company qualifies as a small manufacturer, should that information be sent to EPA?
- No. A company does not need to send the information regarding qualifying as a small manufacturer to EPA.
- 14.5 If a company manufactured 31,000 pounds of a reportable chemical substance at one site and 20,000 pounds at another site, does the production volume meet or exceed the threshold for reporting?
- The company only needs to report for those sites at which it manufactured (including imported) 25,000 pounds or more of a chemical substance. Therefore, the company would report the 31,000 pounds manufactured at the first site, but is not required to report the 20,000 pounds manufactured at the second site.
- 15.1 How does a submitter determine whether a chemical substance is the subject of a rule, proposed or promulgated, an order issued, or relief granted under certain sections of TSCA?
- The following resources are helpful in determining if a chemical substance is the subject of a rule, proposed or promulgated, an order issued, or relief granted under certain sections of TSCA:
--Instructions for Reporting: Appendix B in the Instructions for Reporting contains a list of substances which are the subject of a rule proposed or promulgated under section 4, 5(a)(2), 5(b)(4), or 6 of TSCA, or are the subject of an order issued under section 5(e) or 5(f) of TSCA or are the subject of relief that has been granted under a civil action under section 5 or 7 of TSCA.
--TSCA Inventory (http://www.epa.gov/opptintr/newchems/pubs/invntory.htm)
-- Federal Register notices concerning their chemical substance.
While EPA has striven to accurately report chemical substances’ regulatory status in Appendix B of the Instructions for Reporting, the list is not the definitive documentation of a chemical substance’s regulatory status. Furthermore, the list may not reflect regulatory activity which has occurred since the list was last updated. Therefore, the list cannot be relied upon in lieu of relevant orders, Federal Register documents, or the Code of Federal Regulations. In the event of a conflict between the list and orders, Federal Register documents, or the Code of Federal Regulations (e.g., in the event that there is an error in the list), the list will not be considered controlling. If after consulting the list submitters are uncertain as to the regulatory status of a chemical substance, contact the TSCA Hotline at (202) 554-1404 for assistance. - 15.2 One of the chemicals that Company B manufactures is the subject of a TSCA section 4(a) test rule proposed in 1999. Is this still active and does it affect the CDR status of the chemical substance? Does it matter that Company B didn’t start to manufacture the chemical substance until 2011?
- Unless EPA has since withdrawn or finalized the rule in the Federal Register, the proposal is still pending and the chemical substance is thus still the subject of a proposed TSCA section 4(a) test rule. Company B cannot claim a reporting exemption for the chemical under 40 CDR 711.6 or 40 CFR 711.9. The fact that Company B did not start to manufacture the chemical substance until 2011 does not change this analysis.
- 15.3 Another chemical substance that Company B manufactures is the subject of a TSCA section 4(a) test rule which is listed as having a sunset date of November 2011. Does this test rule still affect the CDR status of the chemical substance?
- Chemical substances which are the subject of final TSCA section 4 test rules and/or enforceable consent agreements will have a sunset date which is the termination of the TSCA section 4 requirements. After the sunset date has passed, the chemical substance is no longer subject to TSCA section 4. Therefore, for the 2012 CDR submission period, Company B would not need to be concerned about a test rule which terminated in November 2011.
15. Certain Regulated Chemical Substances
| Component | % in Alloy 123 | PV (lb) |
|---|---|---|
| Nickel | 52% | 104,000 |
| Iron | 35% | 70,000 |
| Cadmium | 5% | 10,000 |
| Molybdenum | 3% | 6,000 |
| Chromium | 2% | 4,000 |
| Titanium | 0.9% | 1,800 |
| Copper | 0.9% | 1,800 |
| Carbon | 0.6% | 1,200 |
| Aluminum | 0.4% | 800 |
| Silicon | 0.2% | 400 |
The company must consider each component of Alloy 123 independently and determine if it meets the CDR criteria. The calculations in lb for each constituent have been added above in the third column. Only Nickel and Iron would be reportable, because they are the only two components with production volumes above 25,000 lb. Additionally, processing and use information would only need to be reported for Nickel, because it is the only component produced above 100,000 lb.