EPA Revises TSCA Inventory Update Reporting Requirements (Chemical Data Reporting)



EPA is amending the Toxic Substances Control Act (TSCA) section 8(a) Inventory Update Reporting (IUR) rule and changing its name to the Chemical Data Reporting (CDR) rule. Per the final rule, published August 16, 2011 and effective on September 15, 2011, EPA amended the rule to require submission of information that will better address Agency and public information needs, improve the usability and reliability of reported data, and ensure that data are available in a timely manner. EPA is requiring electronic reporting of CDR information and modifying reporting requirements, including certain circumstances that trigger reporting, the specific data to be reported, the reporting standard for processing and use information, and CBI reporting procedures.

Via the CDR, EPA collects information on the manufacturing, processing, and use of commercial chemical substances and mixtures on the TSCA Chemical Substance Inventory, including current information on chemical substance production volumes, manufacturing sites, and how the chemical substances are used. EPA uses this information to determine whether people or the environment are potentially exposed to reported chemical substances, and publishes CDR data that is not submitted as Confidential Business Information (CBI).

Section 8(a) of TSCA generally excludes small manufacturers and processors of chemical substances from the reporting requirements established in TSCA section 8(a). However, EPA is authorized by TSCA section 8(a)(3)(A)(ii) to require TSCA section 8(a) reporting from small manufacturers and processors in certain instances. The standard for determining whether an entity qualifies as a small manufacturer is found at 40 CFR 704.3. Processors are not currently subject to the rules, as detailed in the new 40 CFR part 711.

The CDR rule applies to facilities that manufacture (including manufacture as a byproduct) or import, for commercial purposes, chemical substances listed on the TSCA Inventory and produced in volumes of 25,000 pounds or more during the reporting year. TSCA has broad potential applicability across many industries, but EPA specifically notes that the following entities may be affected by the recent revisions:

  • Chemical substance manufacturers and importers (NAICS codes 325 and 324110; e.g., chemical substance manufacturing and processing and petroleum refineries)
  • Chemical substance users and processors who may manufacture a byproduct chemical substance (NAICS codes 22, 322, 331, and 3344; e.g., utilities, paper manufacturing, primary metal manufacturing, and semiconductor and other electronic component manufacturing) 

It is important to note that in TSCA, Section 3, “import” is included in the definition of manufacture, and all facilities should review their purchasing activities and their manufacturing activities to determine if their site manufactures, including as a by-product, or imports chemicals substances listed on the TSCA Inventory.

For additional information, visit EPA’s IUR and CDR website, the EPA press release, or the Fact Sheet. For assistance in determining how these developments affect your facility, contact you nearest Trinity office at (800) 229-6655.