EPA Proposes Several Amendments to Chemical Data Reporting Rule

The U.S. Environmental Protection Agency (EPA) is proposing several amendments to the Chemical Data Reporting (CDR) rule, required under Section 8(a) of the Toxic Substances Control Act (TSCA). With these amendments, the EPA aims to better coordinate reporting with the amended TSCA (via the Frank R. Lautenberg Chemical Safety for the 21st Century Act), and to improve the Agency’s information collection efforts overall.

Chemical Data Reporting Rule

The CDR rule requires that data on chemical manufacturing, processing, and use be reported to the EPA every four years by manufacturers and importers of a number of TSCA Chemical Substance Inventory chemicals. Typically, these are chemicals with yearly production volumes in excess of 25,000 pounds. Information collected includes general exposure-related data on the various amounts, types, and uses of domestically produced and imported chemicals in the United States. With this information, the EPA is better able to evaluate the substances’ potential environmental and human health effects.

Amendments to the CDR Rule

Key amendments being proposed to the CDR rule by the EPA include:

  • Modifying requirements for making confidentiality claims
  • Replacing certain processing and use codes with OECD-based codes for functional, product, and article use
  • Requiring NAICS code reporting for manufacturing site
  • Requiring the indication of whether a chemical substance is removed from the waste stream and recycled
  • Requiring the identification of a chemical byproduct’s percent total production volume
  • Requiring that in joint submissions, secondary submitters must report both a chemical’s percentage in an imported product and its chemical-specific function
  • Allowing for the voluntary provision of public contact information
  • Clarifying the definition of “parent company” and requiring reporting of foreign parent companies
  • Streamlining the co-manufacturer reporting process by allowing each one to report directly to the EPA
  • Permitting inorganic byproducts to be reported within specific metal categories
  • Exempting particular byproducts, such as those manufactured as part of certain pollution control equipment and those recycled in an enclosed, site-limited system
  • Clarifying and improving regulatory information

In a statement from Alexandra Dapolito Dunn, Assistant Administrator of the Office of Chemical Safety and Pollution Prevention, she commented on the significance of the EPA’s efforts, noting “CDR not only supports the Agency’s TSCA activities, but can be a helpful tool for states, tribes, industry, nongovernmental organizations and all stakeholders”. She further noted “This is a continuing effort in every aspect of our program to ensure that the public has information on chemicals in commerce, that EPA has the information necessary to conduct our chemical reviews, and that reporting burden is minimized and simplified”.

Accessing More Information

For chemical manufacturers and professionals impacted by the CDR rule, having access to detailed information and maintaining a clear understanding of chemical substances is essential.

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