US Notification

 

Chemical Data Reporting under the Toxic Substances Control Act

 

The Chemical Data Reporting (CDR) Rule, issued under the Toxic Substances Control Act (TSCA), requires manufacturers (including importers) to give EPA information on the chemicals they manufacture domestically or import into the United States. EPA uses the data to help assess the potential human health and environmental effects of these chemicals and makes the non-confidential business information it receives available to the public.

Who must report?

Manufacturers (including importers) are required to report if they meet certain production volume thresholds, generally 25,000 lbs or more of a chemical substance at any single site. However, a reduced reporting threshold (2,500 lb) now applies to chemical substances subject to certain TSCA actions.

Source: https://www.epa.gov/chemical-data-reporting

Tier I Reporting

 

 

For any hazardous chemical used or stored in the workplace, facilities must maintain a material safety data sheet (MSDS) (or Safety Data Sheet, SDS).  Facilities must submit MSDSs (or SDSs), or a list of hazardous chemicals, to their State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC) and local fire department.

Facilities must also submit an annual inventory of these chemicals by March 1 of each year to their SERC, LEPC and local fire department. The information submitted by facilities must be made available to the public.

Submission of Tier I form is required under Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). The purpose of this form is to provide State and local officials and the public with information on the general hazard types and locations of hazardous chemicals present at your facility during the previous calendar year.

Tier II Reporting

 

 

Submission of Tier II form is required under Section 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). The purpose of this form is to provide State, local officials, and the public with specific information on potential hazards. This includes the locations, as well as the amount, of hazardous chemicals present at your facility during the previous calendar year.

Some states may have specific requirements for reporting and submission of the Tier II inventory form and/or the state reporting form or format. EPA suggests that facilities contact their state for state specific reporting requirements.

TSCA Export Notification

 

 

Under section 12(b) of the Toxic Substances Control Act (TSCA), any person who exports or intends to export a chemical substance or mixture subject to certain TSCA regulations is required to notify EPA of the activity. EPA, in turn, provides information about the exported chemical and EPA’s related regulatory actions, to the importing government.

View a list of chemical substances subject to section 12(b) export notification requirements.

An exporter is defined as any person who, as the principal party in interest in the export transaction, has the power and responsibility for determining and controlling the sending of the chemical substance or mixture to a destination outside the customs territory of the U.S.

Exporters must notify EPA if they export or intend to export a chemical substance or mixture for which:

  • The submission of data is required under TSCA sections 4 or 5(b);
  • An order has been issued under TSCA section 5;
  • A rule has been proposed or promulgated under TSCA sections 5 or 6; or
  • An action is pending, or relief has been granted under TSCA sections 5 or 7.

Notification of export is generally not required for articles per 40 CFR 707.60(b) and for specified de minimis concentrations per 40 CFR 707.60(c).

TSCA Import Certification

 

 

Imports of chemical substances, mixtures or articles that contain a chemical substance or mixture must comply with the Toxic Substances Control Act (TSCA) in order to enter the U.S. Importers must certify that imported chemical substances either comply with TSCA (positive certification) or are not subject to TSCA (negative certification). Certain chemicals are excluded and certain chemicals require no certification.

The requirements are described in section 13 of the Toxic Substances Control Act (TSCA) (15 U.S.C. 2612) and in implementing regulations developed by the U.S. Customs and Border Protection (CBP), in consultation with EPA, at 19 CFR 12.118 through 12.127. In addition, EPA has a companion policy statement on chemical imports at 40 CFR 707.20 (PDF) (3 pp, 183 kb).

Who Must Certify

A certification must be signed and filed electronically or in writing with CBP by the importer or an authorized agent of the importer. A certification must also include the certifier’s name, email address, and telephone number. Certification is required for substances that are imported and are received by mail or commercial carrier, including those intended for research and development.

Certifications filed electronically must be filed in the Automated Commercial Environment (ACE).

For paper certification, the statement must be typed, preprinted on the invoice, or otherwise included in the entry documentation and must be filed with the director of the port of entry before release of the shipment.

Certification Statements

An importer’s statement must certify either that the chemical shipment is:

  • subject to TSCA and complies with all applicable rules and orders (positive certification)
  • or that the chemical shipment is not subject to TSCA (negative certification)

Source: https://www.epa.gov/tsca-import-export-requirements/tsca-requirements-importing-chemicals#tsca

 

  • Incident (Spill) Reporting 

 

Hazardous Materials Regulations (49 CFR Parts 171-180) require certain types of hazmat incidents be reported to PHMSA. 

Section 171.15 of the HMR requires an immediate telephonic report (within 12 hours) to the National Response Center. Call the NRC directly (1-800-424-8802Section 171.16 requires a written report for certain types of hazmat incidents within 30 days of the incident, and a follow-up written report within one year of the incident, based on certain circumstances. 

Review both sections under the Code of Federal Regulations section or directly below. 

Additionally, the Incident Report Form 5800.1 is a guidance document for preparing incident reports, and tabular summaries of hazardous materials incidents by mode, year, state, hazard class, etc.

 49 eCFR 171.15
Immediate notice of certain hazardous materials incidents.
 49 eCFR 171.16
Detailed hazardous materials incident reports.