Chemical and
Material Management

Davenport Engineering is ready to assist you with a variety of chemical and material management regulations. We offer support in the areas of TSCA Chemical Data Reporting (CDR), OSHA Haz Com labeling, California Proposition 65, and California Environmental Reporting System (CERS) reporting.

Toxic Substances Control Act

The Toxic Substances Control Act (TSCA) of 1976 is designed to protect human health and the environment by regulating the introduction, distribution, and use of new and existing chemical substances in the United States.

One of the major requirements of TSCA is mandatory Chemical Data Reporting (CDR), previously called Inventory Update Reporting (IUR). Manufacturers (including importers) are required to report on the chemicals they produce or import into the United States. In addition to production information, manufacturers must provide usage, quantity, and exposure information for the chemicals in commerce. EPA uses the CDR reports to assess the health and environmental impacts of the reported chemicals. In addition, EPA posts the non-confidential portions of the CDR reports to provide the public access to basic chemical information.

The CDR report is due to EPA every 4 years if the manufacturer meets a certain production threshold at any single site since the last principal reporting year. For some chemicals, this threshold is 25,000 pounds. A reduced threshold of 2,500 pounds applies to chemicals that are subject to certain TSCA actions. Chemicals used in other product categories such as food, drugs, cosmetics and devices are regulated by other U.S. statutes and are not subject to the TSCA CDR requirement.

Davenport Engineering has a full range of knowledge when it comes to CDR reporting and TSCA compliance. We can help you prepare your CDR report, maintain your overall TSCA program, or anything in between.

Proposition 65

Proposition 65, or the Safe Drinking Water and Toxic Enforcement Act of 1986, is a California regulation affecting businesses that expose citizens to a listed chemical known to cause cancer or reproductive harm in humans.

Under Proposition 65, California businesses must notify citizens of significant amounts of a listed chemical occurring in products, homes, workplaces, or released to the environment. Additionally, California businesses are prohibited from knowingly releasing these chemicals into drinking water sources.

To comply with Proposition 65, all California businesses are required to provide “clear and reasonable warning.” This requirement can take many forms depending on the type of exposure. If a listed chemical is present in a consumer product, a clear labeling in the packaging may suffice. On the other hand, if a listed chemical is present inside of a building or airborne, posting signs, distributing notices, or even publishing notices in newspapers in the affected areas may be required.

As with every law, there are exceptions in Proposition 65. Government agencies and businesses that employ less than 10 people are exempt from both the warning and water discharge prohibitions. In addition, businesses that cause exposure to a listed chemical, but in quantities determined to be of insignificant risk to public health, are exempt from the Proposition 65 requirements.

If you have any Proposition 65 questions, concerns, or needs, please reach out to our Davenport Engineering subject matter experts. We can help you comply with this important regulation and avoid significant fines for noncompliance.