EPA Seeks Comments on its Proposed Revisions to Chemical Data Reporting Requirements and Small Manufacturer Definition

On April 25, 2019, the Environmental Protection Agency (EPA) published proposed revisions to its Chemical Data Reporting (CDR) requirements under section 8(a) of the Toxic Substance Control Act (TSCA). The CDR rule requires chemical manufacturers (including importers) to report data on chemical manufacturing, processing, and use every four years. Among the changes proposed, EPA is modifying its requirements for confidentiality claims, replacing certain processing and use codes, and revising the definition of “parent company.” EPA is also proposing to add a few new elements, including a requirement to report the NAICs code for the site of manufacture and a requirement to identify volume production of a byproduct. In addition, EPA is also proposing to exempt specific byproducts that are recycled on-site and to allow category reporting for inorganic byproducts.

EPA also chose to include an update of its small manufacturer definition under TSCA section 8(a) in this proposed rule. EPA is proposing to adjust the existing small manufacturer definition for inflation. For the first standard, EPA is adjusting the revenue threshold from $40 million to $100 million (retaining the original 100,000 pounds volume qualifier) and for the second standard, from $4 million to $11 million. Under CDR, sites that meet the small manufacturer definition are exempt from reporting, with some exceptions.

Comments are due on June 24, 2019.

  • Read the proposal and submit comments here.
  • Advocacy contact: Tabby Waqar at (202) 205-6790.