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US EPA proposes changes to CDR rule

April 18, 2019

USA: The US Environmental Protection Agency (EPA) has proposed changes to the Chemical Data Reporting (CDR) rule to help reduce the TSCA (Toxic Substance Control Act) reporting burden. The suggested amendments will better support Agency data collection efforts, align reporting with the Frank R. Lautenberg Chemical Safety for the 21st Century Act by requiring that confidentiality claims be substantiated, and make chemical reporting easier by streamlining complex submissions.

The CDR rule requires manufacturers (including importers) of certain chemical substances listed on the TSCA Chemical Substance Inventory to report data on chemical manufacturing, processing, and use every four years.

Per the prepublication version of the proposed rule, the proposed changes are:

  • Changing requirements for making confidentiality claims, including to identify when upfront substantiation is required, update the substantiation questions, and identify data elements that cannot be claimed as confidential to align with the Lautenberg Chemical Safety for the 21st Century Act (2016 Amendments)
  • Replacing certain processing and use codes (industrial function and commercial/consumer product use) with codes based on the Organisation for Economic Cooperation and Development’s (OECD) functional use and product and article use codes, including adding reporting of the OECD-based functional use codes for consumer and commercial use information
  • Adding the requirement to report the NAICS code(s) for the site of manufacture
  • Modifying the requirement to indicate whether a chemical is removed from the waste stream and recycled, remanufactured, reprocessed, or reused with the requirement to indicate whether a chemical is removed from the waste stream and recycled
  • Adding the requirement to report the NAICS code(s) for the site of manufacture
  • Modifying the requirement to indicate whether a chemical is removed from the waste stream and recycled, remanufactured, reprocessed, or reused with the requirement to indicate whether a chemical is removed from the waste stream and recycled
  • Adding a requirement to identify the percent total production volume of a chemical substance that is a byproduct
  • Requiring that the secondary submitter of a joint submission report the chemical specific function along with the percentage of the chemical in the imported product
  • Adding a voluntary data element to provide a public contact
  • Modifying the definition of “parent company” to clarify the definition, add the requirement to report a foreign parent company, when applicable, and codify reporting scenarios
  • Simplifying the reporting process for co-manufacturers by enabling a multi-reporter process for reporters to separately report directly to EPA within the e-CDRweb reporting tool
  • Allowing reporting in specified metal categories for inorganic byproducts
  • Adding exemptions for specifically identified byproducts that are recycled in a site limited, enclosed system and for byproducts that are manufactured as part of non-integral pollution control and boiler equipment; and
  • Clarifying regulatory text by removing outdated text, consolidating exemptions, and making other improvements

Additionally, EPA is proposing an amendment to update the size standards definition for small manufacturers for reporting and recordkeeping requirements under TSCA section 8(a).

Industry will have 60 days to comment on the proposed rule, upon its publication in the Federal Register.

Follow the link to read the full EPA press release: EPA Proposes to Reduce TSCA Reporting Burden; Align Reporting with Amended TSCA

How TSG can help

TSG Consulting’s experts have extensive experience with TSCA compliance, from preparing chemical notifications, to reviewing and assisting with chemical data reporting to TSCA compliance audits. Led by Dr. Saadia Eltayeb, TSG can help companies successfully prepare, follow up and effectively communicate with EPA in all aspects of TSCA compliance.

 

Next steps

Please get in touch via the form opposite if you have any questions about EPA’s proposed rule or TSCA compliance in general.

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