EPA Extends TSCA CDR Submission Deadline to November 22, 2024

The U.S. Environmental Protection Agency (EPA) has published a final rule extending the submission deadline for the 2024 Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) from September 30 to November 22, 2024 (89 Fed. Reg. 79150). This extension allows submitters to review and update their submissions after technical issues were identified in the EPA’s Chemical Data Exchange (CDX) reporting tool.

Background on CDR Requirements

The CDR rule mandates manufacturers, including importers, of chemicals on the TSCA Chemical Substance Inventory to report data on the manufacturing, processing, and use of those chemicals every four years. Generally, the reporting threshold is 25,000 pounds or more of a chemical substance at a single site, but a reduced threshold of 2,500 pounds applies in specific cases. The data submission period covers activities conducted from 2020 to 2023, contributing to a comprehensive database that informs EPA's chemical risk evaluations.

Technical Issues with CDX Tool

Late in the reporting period, the EPA confirmed that the CDX tool had technical issues affecting the accuracy of Confidential Business Information (CBI) claims. In some instances, the tool incorrectly indicated that substantiations for CBI claims were captured when they were not. This issue particularly arose when submitters copied substantiations across multiple chemicals, resulting in erroneous reports. The EPA expects the reporting tool to be operational by the end of September, prompting the extension to allow companies time to review and correct their submissions.

Historical Context

Similar technical issues led to an extension of the CDR submission period in 2020. The reliability of the CDX tool has reportedly declined since then. Additionally, the EPA recently extended the reporting deadline for the TSCA Section 8(a)(1) reporting rule for asbestos, highlighting ongoing challenges with the CDX system. Furthermore, the proposed postponement of the reporting period for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) under TSCA Section 8(a)(7) to July 11, 2025, was attributed to insufficient resources for updating the CDX software.

The extension of the CDR submission deadline reflects the EPA’s commitment to ensuring accurate reporting while addressing technical shortcomings in its reporting tools. The extension does not change the substantive reporting requirements, and manufacturers are encouraged to take advantage of the additional time to ensure compliance.