Chemical Data Reporting (CDR) is a regulation under the Toxic Substances Control Act (TSCA) (see 40 CFR § 711) that requires “manufacturers” of “chemicals” to report certain information to the U.S. Environmental Protection Agency (EPA) every four years. Under TSCA, “manufacturing” includes “importing”, and “chemicals” includes a very wide range of materials including metals (polymers have a full exemption and do not need to be reported).
CDR applies to recycled materials facilities if they import to any one U.S. facility during a calendar year 25,000 pounds or more (yes, pounds) of recyclable or recycled metal by element (e.g., copper, aluminum); alloys are considered mixtures of metal elements, except that steel (mainly iron) is considered a “metal element.” Exporting is not “manufacturing” and does not trigger CDR requirements. Typical recycling activities (e.g., shearing, chopping, baling, and shredding) and melting one metal from another (e.g., sweating) are also not “manufacturing” and do not trigger CDR requirements.
CDR also applies to other activities by some ReMA members that constitute “manufacturing,” including converting metal oxides to metal and importing material as an alloying agent (i.e., silicon in aluminum). The creation of one “chemical” from another “chemical” (e.g., metal from metal oxides) by chemical reaction is “manufacturing”; because “sweating” involves melting of metal (a phase change, not a chemical change), it is not “manufacturing”.
ReMA has posted CDR guidance for 2024 on its environmental compliance webpage. The reporting period for CDR runs from June 1 to Sept. 30, 2024. Required information must be submitted using EPA’s CDX system and consists of reportable activities during calendar years 2020, 2021, 2022, and 2023 (e.g., importing at least 25,000 pounds of recyclable aluminum to a U.S. facility during 2022). Calendar Year 2023 is a Principal Year that requires providing more information about 2023 activities. Besides ReMA’s CDR guidance, EPA maintains CDR information on its CDR webpage. Questions about CDR should be directed to David Wagger, ReMA’s Chief Scientist / Director of Environmental Management here or at 202-662-8533.
