U.S. Environmental Protection Agency
April 2016
TSCA Chemical Data Reporting
Fact Sheet: Reporting for Electricity Generating Sites
This fact sheet provides information on existing Chemical Data Reporting (CDR) rule
requirements related to the reporting of chemical substances manufactured during operations
conducted at electricity generating sites, such as utilities. This fact sheet supplements other
documents, such as the 2016 CDR Instructions for Reporting.
Electricity generating sites produce electricity for themselves or to distribute or sell to others.
Although electricity can be generated using a variety of processes and feedstocks, this fact
sheet focuses on operations that are common for sites using fossil fuels or other carbonaceous
materials as a fuel source for electricity generation.
The primary goal of this document is to help the regulated community comply with the
requirements of the CDR rule. This document does not substitute for that rule, nor is it a rule
itself. It does not impose legally binding requirements on the regulated community or on the
U.S. Environmental Protection Agency (EPA).
The 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, which provides important screening-level
exposure related information, 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.
Electricity Generating Sites and the CDR Rule
Electricity generating sites may be required to report manufactured chemical substances under
the CDR rule. Reporting under CDR is based on the manufacture (including import) of chemical
substances (see 40 CFR 711.8). The processing or use of one chemical substance may result
in the manufacture of another chemical substance. In such cases, persons who process or use
chemical substances may become subject to reporting requirements under CDR for the
chemical substance that they manufactured during the course of their operations, not for the
chemical substance that they processed or used.
Typically, chemical substances that are manufactured at an electricity generating site are
considered to be byproducts or wastes, and may be intermediates. They are generally
manufactured for a commercial purpose because their manufacture is a part of the generation of
electricity, and the generation of electricity is generally to confer some commercial advantage
on the party engaged in the activity. To the extent these chemical substances are further used
for a non-exempt commercial purpose after manufacture occurs, the manufacture may be
subject to reporting under CDR.
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1.	What is "manufacture for commercial purposes"?
Electricity generating sites may manufacture chemical substances for a commercial purpose
during the combustion process to generate electricity or during the treatment of waste streams
exiting the combustion process (e.g., flue gas, boiler slag, fly ash).
A chemical substance that is manufactured is reportable under CDR only when it is
"manufactured for commercial purposes." The scope of what is considered "manufactured for
commercial purposes" is defined by regulation:
Manufacture for commercial purposes means:
(1)	To import, produce, or manufacture with the purpose of obtaining an immediate or
eventual commercial advantage for the manufacturer, and includes among other things,
such "manufacture" of any amount of a chemical substance or mixture:
(i)	For commercial distribution, including for test marketing.
(ii)	For use by the manufacturer, including use for product research and
development, or as an intermediate.
(2)	Manufacture for commercial purposes also applies to substances that are produced
coincidentally during the manufacture, processing, use, or disposal of another substance
or mixture, including both byproducts that are separated from that other substance or
mixture and impurities that remain in that substance or mixture. Such byproducts and
impurities may, or may not, in themselves have commercial value. They are nonetheless
produced for the purpose of obtaining a commercial advantage since they are part of the
manufacture of a chemical product for a commercial purpose. (40 CFR 704.3,
referenced by § 711.3)
"Manufacturer" and "Manufacture" also are defined by regulation:
Manufacturer means a person who manufactures a chemical substance. (40 CFR 711.3)
Manufacture means to manufacture, produce, or import, for commercial purposes.
Manufacture includes the extraction, for commercial purposes, of a component chemical
substance from a previously existing chemical substance or complex combination of
chemical substances. (40 CFR 711.3)
As noted earlier, byproducts, intermediates, and wastes manufactured at an electricity
generating site are generally manufactured for a commercial purpose. The manufacture is part
of the generation of electricity, and the generation of electricity generally confers some
commercial advantage on the party engaged in the activity.
2.	What is a byproduct and when is it reportable under CDR?
"Byproduct" is defined by regulation:
Byproduct means a chemical substance produced without a separate commercial intent
during the manufacture, processing, use, or disposal of another chemical substance or
mixture. (40 CFR 704.3, referenced by § 711.3)
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When a chemical substance is processed at an electricity generating site, it is also possible that
byproducts are manufactured. Like other chemical substances manufactured for commercial
purposes, byproducts manufactured at an electricity generating site are subject to CDR
reporting unless an exemption applies.
The manufacture of a byproduct is exempt from reporting if the byproduct is not "used for
commercial purposes." (40 CFR 720.30(h)(2), referenced by § 711.10(c)) Even though a
byproduct is manufactured for commercial purposes, it may or may not be used for particular
commercial purposes after it is manufactured.
The manufacture of a byproduct is also exempt from reporting if its only commercial purpose is
for use by public or private organizations that:
(1)	burn it as a fuel,
(2)	dispose of it as a waste, including in a landfill or for enriching soil, or
(3)	extract component chemical substances from it for commercial purposes. (This
exclusion only applies to the byproduct; it does not apply to the component substances
extracted from the byproduct.) (40 CFR 720.30(g), referenced by § 711.10(c))
Note that the further processing of a byproduct to manufacture a second byproduct that is more
suitable for disposal is still manufacturing for a commercial purpose (assuming that the
manufacturer obtains some commercial advantage from the conversion, such as lower disposal
costs). If disposed of as a waste, the second byproduct is exempt from CDR. Otherwise,
whether the second byproduct is exempt depends on whether it is used for a non-exempt
commercial purpose.
3. What is an intermediate and when is it reportable under CDR?
"Intermediate" is defined by regulation:
Intermediate means any chemical substance that is consumed, in whole or in part, in
chemical reactions used for the intentional manufacture of other chemical substances or
mixtures, or that is intentionally present for the purpose of altering the rates of such
chemical reactions. (40 CFR 704.3, referenced by § 711.3)
When a chemical substance is processed at an electricity generating site, it is possible that one
or more intermediate chemical substances are manufactured and further consumed in the
process. Reporting under CDR may be required for these intermediates. If an intermediate
chemical is isolated and then used for a non-exempt commercial purpose, its manufacture
would be subject to CDR reporting, unless there is a CDR reporting exemption that can apply.
An intermediate may qualify for the CDR non-isolated intermediate exemption. See 40 CFR
711.10(c), 40 CFR 720.30(h)(8). A non-isolated intermediate is exempt from reporting under
CDR. "Non-isolated intermediate" is defined by regulation:
Non-isolated intermediate means any intermediate that is not intentionally removed from
the equipment in which it is manufactured, including the reaction vessel in which it is
manufactured, equipment which is ancillary to the reaction vessel, and any equipment
through which the substance passes during a continuous flow process, but not including
tanks or other vessels in which the substance is stored after its manufacture. Mechanical
or gravity transfer through a closed system is not considered to be intentional removal,
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but storage or transfer to shipping containers isolates the substance by removing it from
process equipment in which it is manufactured. (40 CFR 704.3, referenced by § 711.3)
See TSCA Chemical Data Reporting Fact Sheet: Non-Isolated Intermediates for additional
information.
4. Are wastes reportable under CDR?
For CDR purposes, a variety of substances that the operator of an electricity generating site
might deem to be 'wastes' are actually byproducts manufactured in the course of commercial
operations. In general, such waste byproducts are reportable under CDR unless a reporting
exemption applies. The applicability of the reporting exemptions found at 40 CFR 720.30(g) and
40 CFR 720.30(h)(2) depend on what is done with the byproducts after they are manufactured.
If a byproduct is used for a non-exempt commercial purpose (i.e., one not listed in 40 CFR
720.30(g)) after manufacture, then these reporting exemptions do not apply.
Reporting Chemical Substances under CDR
1. How should I identify my manufactured chemical substance?
Under TSCA, a chemical substance is defined by its unique, specific chemical identity, generally
identified by the Chemical Abstracts Service Registry Number (CASRN) and its corresponding
Chemical Abstracts (CA) Index Name. In the manufacture of chemical substances, such as by
electricity generating sites, chemical substances may exist as: 1) an individual chemical
substance; 2) a mixture of individual chemical substances; or 3) a complex reaction product of
unknown, uncertain or variable composition (what EPA often refers to as a "UVCB substance"
(a substance of Unkown or Variable composition, Complex reaction products, and Biological
materials). Generally, EPA considers each combination of substances resulting from a reaction
to be either:
(1)	A mixture, composed of two or more well-defined chemical substances to be named
and listed separately; or
(2)	A "UVCB" substance, or another type of single substance that EPA and CAS refer to
as a "Class 2 substance" (non-UVCB, where the chemical structure is indefinite). A
UVCB substance in this case is a "reaction product", or combination of chemicals
from a reaction, listed in the TSCA Inventory as a single chemical substance, using
one name that collectively describes the products or, if that is not ascertainable,
describes the reactants used to make the products and perhaps the nature of the
reaction or key aspects of the manufacturing process.
It may be appropriate for CDR purposes to characterize a complex byproduct as a mixture of
well-defined chemical substances or a single well-defined chemical substance, even though
there are some uncharacterized components in the combination of byproduct substances. As
the manufacturer, the electricity generating site should determine, based on the specific
manufacturing scenario, whether the manufactured chemical is more appropriately represented
as an individual chemical substance, a mixture of individual chemical substances, or a UVCB
chemical substance.
Where a manufacturer reasonably concludes (after considering all the facts known and
reasonably ascertainable) that the uncharacterized components of a byproduct will have no
subsequent commercial purpose after they are manufactured, for CDR purposes the
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manufacturer may treat the byproduct as a mixture of the remaining characterized components.
The manufacturer would report each component as a separate substance. For each reported
substance, the manufacturer would report the production volume associated only with that
substance. The uncharacterized components that have no subsequent commercial purpose
would not be reported to CDR.
Table 1 lists some of the potentially appropriate approaches for reporting some of the
byproducts or other chemical substances manufactured by electricity generating sites.
2. How do I determine whether my chemical substance meets the reporting threshold?
To determine whether a chemical substance meets the reporting threshold for CDR, compare
the reporting volume threshold to the total amount of the chemical substance produced at the
whole site (40 CFR 711.15). For example, if there are three processes at a site, and each
process produces 10,000 lbs of byproduct Chemical X at the site in a single year, then the
25,000 lb reporting threshold is exceeded for Chemical X at the site.
If your reporting is based on the well-defined constituent(s) of the byproduct that have a
subsequent commercial purpose, report the constituent(s) separately based on the production
volume of the individual constituent. When reporting a byproduct as a UVCB substance, report
based on the entire production volume of the whole byproduct.
To determine whether your chemical substance is subject to the lower 2,500 pound reporting
threshold, read TSCA Chemical Data Reporting Fact Sheet: Reporting Thresholds for 2016 and
TSCA Chemical Data Reporting Fact Sheet: Chemical Substances which are the Subject of
Certain TSCA Actions.
For additional information about CDR reporting requirements, please read Instructions for
Reporting.
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CDR Reporting Scenario Examples
Table 1 identifies some of the chemical substances manufactured as a result of various
operations conducted by an electricity generating site when fossil fuels (or other carbonaceous
materials) are used to generate energy.
Table 1: CDR Reporting for Example Chemical Substances Potentially
Manufactured by Electricity Generating Sites
Process at
Electricity
Generating
Sites
Description of
Chemical Substances
Manufactured
CDR Reporting Requirement and Selected
Examples
Electricity Generation
Generation of
electricity:
Burning of
fossil fuels or
other
carbonaceous
materials to
generate
energy.
Residuum from the
burning of fossil fuels or
other carbonaceous
materials.
Reportable byproduct chemical substance, if
residue is to be used for non-exempt commercial
purposes.
e.g., Ashes, Residues (CASRN 68131-74-8);
Definition:
The residuum from the burning of a combination
of carbonaceous materials. The following
elements may be present as oxides: aluminum,
calcium, iron, magnesium, nickel, phosphorus,
potassium, silicon, sulfur, titanium, and
vanadium.
A utility may call the residuum fly ash, bottom
ash, bed ash, or wood ash. For purposes of
CDR, these would all be considered to be
"Ashes, Residues," per the definition provided by
CAS. Some of these materials may be used for
the commercial production of concrete or roofing
materials.
e.g., Slags, coal; CASRN 68476-96-0; Definition:
Inorganic residuum from the combustion of coal.
Electric utility boiler slag (coal)
Not reportable, if residue is not used for any
non-exempt commercial purpose after it is
manufactured, or if it is simply disposed of as a
waste or used for the extraction of a component
chemical substance.
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Process at
Electricity
Generating
Sites
Description of
Chemical Substances
Manufactured
CDR Reporting Requirement and Selected
Examples
Air Pol
ution Control
Ammonia On
Demand (AOD)
System:
Ammonia produced
from hydrolysis of urea
Reportable, if the ammonia is used for such a
non-exempt commercial purpose as removing
NOx from flue gas.
Production of

e.g., Ammonia; CASRN 7664-41-7
ammonia from
urea for use in
Selective
Catalytic

Not reportable, to the extent that the ammonia
is emitted as part of the exhaust gases (i.e., slip
gas), which are not used for any commercial
purpose.
Reduction
(SCR)
CO2 and H2O produced
during the hydrolysis of
urea in AOD systems
and released with
exhaust gases
Not reportable. These exhaust gases are not
used for any post-manufacture commercial
purposes.
e.g., C02and H2O [Also, water, if manufactured,
is specifically fully exempt from CDR]
Selective
Catalytic
Reduction
(SCR) System:
Scrub flue gas -
catalytic
reduction of
nitrogen oxide
gases (NOx
gases) to
produce N2 and
water
N2 and H2O, are
produced during the
catalytic reduction
process and released
as exhaust gases.
Not reportable. Exhaust gases are not used for
any commercial purpose.
e.g., N2and H2O [Also, water, if manufactured, is
specifically fully exempt from CDR]
Flue Gas
Desulfurization
(FGD) Wet
Scrubber
System: Air
pollution control
- removal of
SO2 from flue
gas using a
number of
sorbents (such
as lime,
limestone,
magnesium-
enhanced lime,
soda ash) and
Regenerated thiosulfate
compounds and related
compounds formed
during oxidation
inhibition (i.e., anti-
scaling)
Reportable, if regenerated thiosulfates and
related compounds are manufactured for a non-
exempt commercial purpose and are not
otherwise exempt (e.g., as non-isolated
intermediates).
e.g., Calcium thiosulfate (CaS203) (TSCA
Inventory name: Thiosulfuric acid (H2S203),
calcium salt (1:1)), CASRN 10124-41-1
e.g., Sodium thiosulfate (Na2S203) (TSCA
Inventory name: Thiosulfuric acid (H2S203),
sodium salt (1:2)), CASRN 7772-98-7
e.g., Tetrathionate and Trithionate compounds.
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Process at
Electricity
Generating
Sites
Description of
Chemical Substances
Manufactured
CDR Reporting Requirement and Selected
Examples
oxidation
systems (such
as forced,
inhibited,
natural).
Gypsum byproduct
Reportable, if gypsum byproduct is used for a
non-exempt commercial purpose after
manufacture, (e.g., gypsum may be used to
make the commercial product of wallboard.)
e.g., Synthetic or FGD gypsum, report as
Calcium sulfate (TSCA Inventory name: Sulfuric
acid, calcium salt (1:1)), CASRN 7778-18-9 (i.e.,
gypsum is calcium sulfate dihydrate, but the non-
hydrated form is used for CDR purposes)
Not reportable, if gypsum byproduct is not used
for any commercial purpose after it is
manufactured or if it is simply disposed of as a
waste.
The waste product from
flue gas desulfurization
system.
Reportable, if the waste product (a byproduct of
operating the scrubbers) is used for a non-
exempt commercial purpose after manufacture,
such as the production of wallboard or cement or
use as makeup chemical in the kraft pulp mill
cycle
e.g., Slimes And Sludges, flue gas
desulfurization;
CASRN 71302-92-6; Definition: The waste
product from flue gas desulfurization system.
Consists primarily of CaC03, CaS03, CaS04,
and fly ash.
Syn. FGD system waste scrubber sludge
e.g., Sodium sulfite (TSCA Inventory name:
Sulfurous acid, sodium salt (1:2)),
CASRN 7757-83-7;
e.g., Sodium bisulfite (TSCA Inventory name:
Sulfurous acid, sodium salt (1:1)),
CASRN 7631-90-5
e.g., Sodium sulfate (TSCA Inventory name:
Sulfuric acid, sodium salt (1:2)),
CASRN 7757-82-6
Not reportable, if the waste product (a
byproduct of operating the scrubbers) is not used
for any commercial purpose after it is
manufactured, or if it is simply disposed of as a
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Process at
Electricity
Generating
Sites
Description of
Chemical Substances
Manufactured
CDR Reporting Requirement and Selected
Examples


waste or used for the extraction of a component
chemical substance.
The stabilized waste
product obtained by
mixing the scrubber
waste from the flue gas
desulfurization system
with fly ash and lime,
Composed primarily of
the scrubber sludge,
calcium
sulfoaluminates, and
comparable sulfites.
Reportable, if the stabilized waste product (a
byproduct of operating the scrubbers) is used for
a non-exempt commercial purpose after
manufacture, such as for the manufacture of
construction materials.
e.g., Slimes and Sludges, flue gas
desulfurization, stabilized; CASRN 71302-93-7;
Definition: The stabilized waste product obtained
by mixing the scrubber waste from the flue gas
desulfurization system with fly ash and lime.
Composed primarily of the scrubber sludge,
calcium sulfoaluminates, and comparable sulfite.
Syn. FGD system waste scrubber sludge,
stabilized
Not reportable, if the stabilized waste product (a
byproduct of operating the scrubbers) is not used
for any commercial purpose after it is
manufactured, or if it is simply disposed of as a
waste or used for the extraction of a component
chemical substance.
Waste solids formed in
the FGD system.
Reportable, if the waste solids (a byproduct of
operating the scrubbers) are used for a non-
exempt commercial purpose after manufacture,
such as use as road base material in
transportation applications.
e.g., Waste solids, calcium sulfate-ash sludges;
CASRN 70969-48-1
Not reportable, if the waste solids (a byproduct
of operating the scrubbers) are not used for any
commercial purpose after they are manufactured,
or if they are simply disposed of as a waste or
used for the extraction of a component chemical
substance.
For further information:
To access copies of additional fact sheets and other CDR information, visit www.epa.gov/cdr.
If you have questions about CDR, you can contact the TSCA Hotline by phone at 202-554-
1404 or e-mail your question to eCDRweb@epa.gov.
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