Legislative and Regulatory Authority for Chemical Data Reporting
TSCA Section 8(a) gives EPA the broad authority to require, by rulemaking, manufacturers (including importers) and processors of chemical substances to maintain records and/or report such data as EPA may reasonably require to carry out the TSCA mandates.
Examples of information that can be required to be reported include:
- Chemical or mixture identity
- Categories of use
- Quantity manufactured or processed
- By-product description
- Health and environmental effects information
- Number of individuals exposed
- Method(s) of disposal
In March 2020, EPA amended the Chemical Data Reporting (CDR) rule to reduce burden for certain CDR reporters, improve the quality of CDR data collected, and align reporting requirements with the Lautenberg Act amendments to TSCA. In a related action, EPA extended the 2020 CDR submission period from September 30, 2020, to November 30, 2020.
- Read the final amendments to the CDR rule.
- Read a summary of regulatory changes for the 2020 CDR submission period.
- Read the extension of the 2020 CDR submission period.
- Read the press release.
- simplify reporting, including allowing manufacturers to use certain processing and use data codes already in use by many chemical manufacturers as part of international codes developed through the Organization for Economic Co-operation and Development (OECD);
- change requirements for making confidentiality claims to align with the requirements in amended TSCA; and
- add reporting exemptions for specific types of byproducts manufactured in certain non-integral equipment or manufactured and recycled onsite, in an enclosed system
EPA has finalized amendments to the definition of small manufacturers, including a new definition of what is considered a small government, used to determine reporting and recordkeeping requirements under TSCA. The updated definitions will reduce reporting burdens on chemical manufacturers and small governments while maintaining the agency's ability to receive the information it needs to understand exposure to chemical substances manufactured in the United Sates.
The final revisions include:
- An update to the TSCA 8(a) small manufacturer definition;
- A TSCA section 8(a) definition for small government entities;
- A technical correction to the small manufacturer reference at 40 CFR 704.104 for hexafluoropropylene oxide; and
- An update to the current small manufacturer definition in the PAIR rule at 40 CFR 712.25, in order to align it with the definition at 704.3.
These updated definitions apply to the current CDR rule reporting period, which will begin June 1, 2020, and impact certain reporting and recordkeeping requirements for TSCA section 8(a) rules. This action finalizes the amendments proposed last year and is based on 2018 dollars to ensure that the definition is as up-to-date as possible at the time of finalization.
In 1977, the EPA promulgated a rule under the Toxic Substances Control Act (TSCA) section 8(a), 15 U.S.C. 2607(a), to compile and keep current an inventory of chemical substances in commerce in the United States. This inventory is called the TSCA Chemical Substance Inventory (TSCA Inventory).
In 1986, the Inventory Update Rule (IUR) was published to provide more recent information on the chemicals listed in the TSCA Inventory. Regulations to amend and update the IUR, now called Chemical Data Reporting (CDR), were issued in:
- Reporting revisions 2020
- Reporting modifications 2011
- Update reporting revisions 2005
- Amended regulations 2003
- Amended regulations 1986
These regulations address the range of chemicals and plant sites reporting, the type of data reported, and the production volume threshold, and made other adjustments. Read the CDR regulations at 40 CFR Part 711.
On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act amended TSCA. As required by TSCA, EPA established a Negotiated Rulemaking Committee under section 8(a)(6) of TSCA to develop a proposed rule for limiting chemical data reporting requirements for manufacturers of any inorganic byproducts, when such byproducts are subsequently recycled, reused, or reprocessed. Learn more.