Legislative and Regulatory Authority for Chemical Data Reporting
Rule Summary
Chemical Data Reporting (CDR) tracks the production and use of certain chemicals listed on the Toxic Substances Control Act (TSCA) Inventory. Every four years, manufacturers (including importers) must report information about how much of each chemical they produce or import, certain characteristics of each chemical, and how the chemical is processed or used after it is manufactured.
The CDR rule, authorized under TSCA section 8(a), was formerly known as the Inventory Update Reporting (IUR) rule. The IUR rule allowed EPA to monitor chemical substances and ensure their safe management. The current CDR framework continues to serve similar purposes with enhanced requirements.
CDR data are used by companies, government agencies, non-governmental organizations, researchers, and other stakeholders.
Rule History
What is TSCA Section 8(a)?
TSCA Section 8(a) generally authorizes EPA to promulgate rules that require entities that manufacture (including import) or process chemical substances to maintain certain records and submit such reports as the EPA Administrator may reasonably require. While small manufacturers (including importers) are generally exempt from these requirements, Section 8(a) enables EPA to require such entities to report under certain circumstances, such as when a chemical is the subject of a TSCA section 6 proposed or final rule.
Under TSCA Section 8(a), EPA may require reporting and recordkeeping of the following information:
- The common or trade name, chemical identity, and molecular structure of each chemical substance or mixture,
- Categories or proposed categories of use for each substance or mixture,
- Total amount of each substance or mixture manufactured (including imported) or processed, the amounts manufactured (including imported) or processed for each category of use, and reasonable estimates of the respective amounts to be manufactured (including imported) or processed, in total and for each of its categories of use or proposed categories of use,
- Descriptions of byproducts resulting from the manufacture (including import), processing, use, or disposal of each substance or mixture,
- All existing information concerning the environmental and health effects of each substance or mixture,
- The number of individuals exposed, and reasonable estimates of the number of individuals who will be exposed, to each substance or mixture in their places of employment and the duration of their exposure,
- The manner or method of disposal of each substance or mixture, and any change in such manner or method.
What Regulations Led to the Current CDR?
In 1977, the EPA promulgated a rule under the Toxic Substances Control Act 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 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, were issued in 2003, 2005, 2011, and 2020. 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.
View a complete list of CDR-related Federal Register Notices.
Is There a Summary of the Regulatory Changes Over Time?
Read a summary of changes from 2006 to 2020.
Other Activities
CDR Petitions
The CDR regulations establish processes for any person to petition EPA regarding two aspects of the CDR Program:
- The list of partially exempt chemical substances.
- The list of processes and certain related byproduct substances that are fully exempted when the byproduct substances are recycled or otherwise used within site-limited, physically enclosed systems.
Find information about how to submit a petition, the petition review process, and past petitions. The linked page also contains information about other petitions related to CDR.
2017 Negotiated Rulemaking Committee
On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act amended TSCA. Under section 8(a)(6), in 2017, EPA established a Negotiated Rulemaking Committee 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.
In October 2017, the committee concluded its negotiations without reaching consensus on regulatory approaches. Following this, the EPA opened a public comment period to gather input on ways to reduce reporting burdens for inorganic byproducts while ensuring the agency receives necessary exposure information. The comments and other materials related to the committee are available in the public docket. You can also view the Negotiated Rulemaking Committee Summary (pdf)
Other TSCA Section 8(a) Rules
- 8(a)(1) requirements for Asbestos
- A one-time reporting requirement for asbestos that occurred in 2024.
- 8(a)(7) requirements for Perfluoroalkyl and Polyfluoroalkyl Substances
- A one-time reporting requirement for PFAS chemicals to occur in 2026.
- Tiered Data Reporting rule
- A supplemental data reporting rule for certain existing chemicals.
- Rule is in pre-proposal stage.
- 8(a) Small Manufacturer Definition Update rule, which includes:
- 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, to align it with the definition at 704.3.