US EPA finalizes rule under TSCA, amending Chemical Data Reporting (CDR) requirements

The United States Environmental Protection Agency (US EPA) has finalized a rule under the Toxic Substances Control Act (TSCA) to amend the Chemical Data Reporting (CDR) requirements. The rule is effective May 11, 2020.

The CDR rule requires manufacturers (including importers) of certain chemical substances in commerce and listed on the TSCA Chemical Substance Inventory (TSCA Inventory) to report data on production and use data. Under this rule, EPA gathers exposure-related information such as information on the types, quantities and uses of chemical substances produced domestically and imported into the United States.

In summary, the amendments:

• 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 the amended TSCA
• Add reporting exemptions for specific types of by-products manufactured in certain non-integral equipment or manufactured and recycled onsite, in an enclosed system
• Update the TSCA 8(a) small manufacturer definition, reducing reporting burdens on chemical manufacturers and small governments

Follow the link to read the rule document – TSCA Chemical Data Reporting Revisions Under TSCA Section 8(a)

Reporting period

In addition, EPA has amended the CDR submission deadline for 2020 reports to allow time for reporters to familiarize themselves with the updated reporting tool. Submissions open on June 1, 2020, with the reporting period extended from September 30, 2020 to November 30, 2020.

How TSG Consulting can help

TSG’s team of scientists, regulatory and environmental compliance consultants manage all aspects of TSCA compliance and CDR submissions. We can:

• Provide guidance on CDR reporting requirements, and discuss how the new rule affects your company’s reporting
• Help navigate what needs to be reported and what information can be claimed as confidential
• Prepare reporting forms (Form U) and assist the company’s authorized official with submission of Form U using the EPA’s online submission tool