On August 16, 2011, EPA released a final rule that will impact chemical companies such as those that manufacture chemicals used in the oil and gas production or refining industries.  The final rule will modify the Toxic Substances Control Act (TSCA) Inventory Update Reporting (IUR) rule (76 Fed Reg. 50,816 – Aug. 16, 2011). Known as the Chemical Data Reporting (CDR) rule, it goes into effect on September 15, 2011 and greatly modifies the old IUR rule.  The requirements in the CDR rule are codified in a new part in the Code of Federal Regulations: 40 C.F.R. Part 711.

The changes EPA made to the TSCA reporting obligations include the following:

  • Data for the first CDR reporting period must be submitted between February 1, 2012 and June 30, 2012.
  • CDR reporting will be required every 4 years.
  • Beginning in 2016, the submission period will begin June 1 and end September 30.
  • The reporting thresholds have changed.
  • Electronic reporting of the CDR data is required.
  • Several definitions have been revised.
  • Changes were made to the reporting exemptions.
  • Modifications were made to the reporting requirements.
  • The “readily obtainable” reporting standard is replaced by the “known or reasonably ascertainable by” reporting standard.
  • Changes were made to the requirements to claim that information is confidential business information.
  • The 5-digit NAICS codes were replaced by 48 Industrial Sector (IS) codes.

EPA made these modifications to the TSCA reporting requirements so that the information collected will better meet the Agency’s overall information needs, to enable the agency to effectively provide public access to the information, to gather new and updated information relating to potential exposures to substances listed on the TSCA inventory, and to improve the usefulness of the information reported.

Guidance documents and further information on the CDR rule are available at http://www.epa.gov/cdr.