May 2, 2019

EPA to Propose Revisions to Chemical Data Reporting (CDR) Rule

(PAINT.ORG), EPA provided notice in the Federal Register that it will be releasing a proposed rule to revise its Chemical Data Reporting (CDR) rule. The agency said the proposed amendments would support Agency data collection efforts, align reporting with amended Toxic Substances Control Act (TSCA) by requiring that confidentially claims be substantiated, and make chemical reporting easier by streamlining complex submissions.

EPA aims to amend the CDR rule to update the definition of small entities (small manufacturers), who are exempt from reporting; add exemptions for specific types of byproducts; simplify reporting, including allowing manufacturers to use certain processing and use data codes already in use as part of international codes developed through the Organization for Economic Co-operation and Development; and remove outdated rule text and consolidate exemptions.

EPA noted that the proposed revised definition for small entities may reduce the burden on chemical manufacturers by increasing the number of manufacturers considered small.

TSCA Section 8(a) authorizes EPA to require, by rulemaking, manufacturers (including importers) and processors of chemical substances to maintain records and/or report such data as EPA may reasonably require to carry out the TSCA mandates. Information that can be required to be reported may include the following:

  • Chemical or mixture identity
  • Categories of use
  • Quantity manufactured or processed
  • By-product description
  • Health and environmental effects information
  • Number of individuals exposed
  • Method(s) of disposal

The current CDR rule requires manufacturers (including importers) of certain chemical substances listed on the TSCA Chemical Substance Inventory (TSCA Inventory) to report data on chemical manufacturing, processing, and use every four (4) years.

Once the official rule EPA proposal is published in the Federal Register, the agency will accept comments on the proposal for 60 days.