Important Information on EPA Byproduct Reporting Requirements

EPA provides clarification on reporting requirements at workshop

In March 2016, EPA published a fact sheet on reporting requirements for the printed circuit board industry.  Members are advised to read the fact sheet carefully.  Prior to publication of the fact sheet, IPC submitted informal comments to the US EPA and asked for a meeting to discuss how the fact sheet could be improved to provide clearer advice to the industry particularly as regards reporting of Chemical Substances of Unknown or Variable Composition, Complex Reaction Products and Biological Materials (UVCBs). 

Chemical Substances of Unknown or Variable Composition, Complex Reaction Products and Biological Materials (UVCBs)

One key issue discussed by EPA is the reporting of complex byproduct streams that are sent for recycling. If a manufacturer can identify the chemical substances in a byproduct that will be recycled and has a “reasonable factual basis” for believing that the remaining mixture is disposed of, then the manufacturer only needs to report the chemical substances that are recycled. Reporting only the chemical substances that are recycled, as opposed to the entire volume of the byproduct stream, may bring the total volume of the chemical substances below the reporting threshold and, therefore, the manufacturer would not need to report the chemical substances under the CDR rule.

If a manufacturer cannot identify the chemical substances in a byproduct being recycled or cannot verify that the remaining chemical substances are disposed of, they should report the entire byproduct stream as an Unknown or Variable composition, Complex reaction products and Biological materials (UVCB substance). Reporting a byproduct as a UVCB substance requires the manufacturer to report on the entire volume of the UVCB substance.

In order to report either the individual chemical substances being recycled or the UVCB substance under the CDR rule, it must be on the TSCA Inventory. If the chemical or UVCB substance is not on the TSCA Inventory, it must be added to the TSCA Inventory before one can report it under the CDR rule.

More detailed examples on reporting, were discussed during a 2012 workshop on Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule reporting requirements for byproducts and the TSCA CDR website.

For additional information, contact Fern Abrams, director of regulatory affairs and government relations, at FernAbrams@ipc.org.