Regulatory Update – EPA Publishes Final Chemical Data Reporting Rule
On August 16, the U.S. Environmental Protection Agency (EPA) published its Chemical Data Reporting (CDR) final rule in the Federal Register. EPA had issued a pre-publication copy of the CDR (formerly known as IUR – Inventory Update Reporting) rule on August 2. The final rule takes effect on September 15, 2011, and the next reporting period will take place from February 1 – June 30, 2012. All manufacturers, including importers will be required to report if the manufacture/import volume of a chemical substance on the Toxic Substance Control Act (TSCA) Inventory meets or exceeds 25,000 pounds per site in 2011, the principle reporting year. The type and amount of data that must be submitted is substantially increased, particularly for processing and use information. For example, EPA has replaced the “readily obtainable” standard for this information with the much more strict “known to or reasonably ascertainable” standard and is requiring reporting of the total number of commercial workers, including “those at sites not under the submitter’s control” that are reasonably likely to be exposed to each substance. NACD and others strongly objected to these changes in comments on the IUR/CDR proposed rule last fall, but EPA chose to impose them despite the concerns raised. For an analysis of these and other provisions of the CDR final rule from NACD’s environmental regulatory partner Bergeson & Campbell, P.C., click here. For a copy of the final rule, go to www.gpo.gov/fdsys/pkg/FR-2011-08-16/pdf/2011-19922.pdf.