by John J. Kowalski, CHMM
On April 9, 2020, the U.S. Environmental Protection Agency (EPA) published two final rules to amend the Chemical Data Reporting (CDR) regulations under Section 8(a) of the Toxic Substances Control Act (TSCA). The CDR regulations require manufacturers and importers of certain chemical substances listed on the TSCA Chemical Substance Inventory to report data on chemical manufacturing, processing, and use every four years.
One of the two final rules published on April 9th extended the submission deadline for 2020 reports from September 30, 2020 to November 30, 2020. The other added and amended reporting requirements. Additions include, but are not limited to:
- a requirement to report the North American Industrial Classification System (NAICS) code for the site of manufacture;
- a voluntary data element to identify the percent total production volume of a chemical substance that is a byproduct;
- exemptions for byproducts that are manufactured as part of non-integral pollution control and boiler equipment; and
- a requirement to report a foreign parent company.
Amendments include, but are not limited to:
- changing requirements for making confidentiality claims;
- replacing certain processing and use codes;
- modifying the requirement to indicate whether a chemical is removed from a waste stream and recycled, remanufactured, reprocessed, or reused; and
- requiring that the secondary submitter of a joint submission report the specific function of a chemical along with the percentage of the chemical in an imported product.
In the preamble to the reporting revisions rule, EPA also summarized changes to the e-CDRweb reporting tool that submitters must use to comply with the CDR requirements. As a result of these actions, those that previously reported under the CDR regulations will need to familiarize themselves with the changes and to revise their reporting procedures accordingly.
In a separate but related development, a proliferation of consent orders under TSCA Section 5(e) and Significant New Use Rules under TSCA Section 5(a)(2) has resulted in reduced reporting thresholds for thousands of substances. Because of these reduced reporting thresholds, some companies that have never previously reported will likely be subject to reporting in 2020. Therefore, everyone should review the CDR regulations, which are codified at 40 CFR Part 711, in order to determine their reporting obligations. Of course, UL can assist with that process and with any or all aspects of reporting.
Recommended Action Items
- Review the rules and regulations to which links are provided within this article; and,
- Continue to watch this space, as we frequently post articles regarding significant new developments under TSCA.
Environmental Protection Agency. “Chemical Data Reporting; Extension of the 2020 Submission Period” Federal Register 85 (9 April 2020): 19890-19892. https://www.govinfo.gov/content/pkg/FR-2020-04-09/pdf/2020-06074.pdf
Environmental Protection Agency. “TSCA Chemical Data Reporting Revisions Under TSCA Section 8(a)” Federal Register 85 (9 April 2020): 20122-20149. https://www.govinfo.gov/content/pkg/FR-2020-04-09/pdf/2020-06076.pdf
United States, EPA, TSCA, CDR
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