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.
On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act amended TSCA. As required by TSCA, EPA is establishing 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.
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
EPA is proposing amendments to the Chemical Data Reporting (CDR) rule to better support Agency data collection efforts, align reporting with amended TSCA by requiring that confidentially claims be substantiated, and make chemical reporting easier by streamlining complex submissions. Upon publication of the Federal Register notice, comments on the proposal should be submitted to docket EPA-HQ-OPPT-2018-0321 on regulations.gov within 60 days.
The proposed amendments would:
- update the definition of small entities (small manufacturers), who are exempt from reporting;
- add exemptions for specific types of byproducts;
- simplify reporting, including allowing manufacturers to use certain processing and use data codes already in use as part of international codes developed through the Organization for Economic Co-operation and Development; and
- remove outdated rule text and consolidate exemptions.
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).
Regulations to amend and update the inventory were issued in:
- 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.