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EPA to Reduce, Simplify TSCA Reporting Burden

Posted on 4/23/2019 by Roger Marks

Update: EPA's proposal to amend TSCA section 8(a) Chemical Data Reporting (CDR) requirements and size standards for small manufacturers appeared in the Federal Register on April 25, 2019. 

View the proposed rule. 

US EPA is proposing amendments to the TSCA Chemical Data Report (CDR) rule to streamline complex chemical submissions and require substantiation of confidentiality claims. The proposed rule also makes updates to align the TSCA regulations with amendments to the law in the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA).

Master your responsibilites under the amended TSCA chemical management, reporting, and recordkeeping regualtions when you want, where you want. Enroll in the TSCA Regulations Online Course today and get 90 full days of course access and online support 7 days/week. 

What's in the Proposal to Amend TSCA?

Amendments proposed in this rule include:

Changing requirements for making confidentiality claims
EPA will identify when substantiation (i.e. proof) is required and update the questions asked to qualify confidential business information. In addition, EPA plans to identify data elements that cannot be claimed as confidential, in line with the LCSA.

Updating the definition of “small manufacturer
By updating the definition of a “small entity” or “small manufacturer” to match inflation, EPA believes they will eliminate or reduce the TSCA CDR reporting burden for about 200 industry sites. EPA evaluated many different standards for what makes a “small” manufacturer, including its 2017 rulemaking to revise the TSCA section 8(a) small business size standard.   

Additional regulatory changes include:
  • Replacing certain processing and use codes with codes based on the Organization for Economic Corporation and Development (OECD);
  • Clarifying the definition of “parent company” and add a requirement to report foreign parent company, when applicable;
  • Adding new exemptions for specific types of byproducts; and 
  • Removing outdated rule text and consolidating exemptions.

Non-regulatory improvements 

In addition to rule changes to clarify and simplify TSCA reporting, EPA will work to improve its online reporting application and database. EPA wants to make the electronic reporting tool more intuitive and user-friendly, adding “straightforward questions that include fill-in-the-blank (number) fields, check boxes, and drop-down menus.

EPA will also replace the current pre-formatted Form U with a customized report based on actual information submitted by a site through the electronic reporting tool.

The proposed rule to amend TSCA appeared in the Federal Register on April 25. 

New SNUR for Asbestos

In a seperate rulemaking on April 25, US EPA posted a Significant New Use Rule or SNUR that will allow new uses of asbestos and even permit some discontinued uses with EPA's approval. 

Read the Final Rule in the April 25 Federal Register. 

Convenient, Interactive TSCA Regulations Online Course

Be confident you know what you must report, record, and keep on file to meet your TSCA chemical reporting and recordkeeping requirements with the easy-to-use TSCA Regulations Online Course. Get up to speed with the latest rules and management requirements for chemical manufacturing, handling, storing, and processing chemical substances. Interactive, engaged online learning will prepare you to keep your business in compliance and avoid costly EPA civil penalties.

Tags: CDR, chemical, EPA, reporting and recordkeeping, TSCA

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