EPA Extends Reporting Deadline for Chemical Data Rule

News Flash - The USEPA has announced an extension of the reporting deadline for the CDR (formerly the IUR):

Jim Jones, EPA’s Acting Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, has today signed a Federal Register Notice under the Toxic Substances Control Act (TSCA) to extend the Chemical Data Rule (CDR) reporting period by six weeks to August 13, 2012, from the original due date of June 30, 2012.

More details are available in the prepublication version of the Federal Register notice.

EPA Will Not Change Chemical Data Reporting Deadline Despite House Request

EPA has decided that it will would not change the reporting deadline for the new Chemical Data Reporting (CDR) rule despite a letter from Republican Representative Fred Upton, chair of the House Energy and Commerce Committee.  The CDR requires chemical manufacturers to provide data during the period from February 1 to June 30, 2012.  The letter from Upton, along with fellow Republican John Shimkus, argued that the reporting rule - which had been delayed by nearly a year already - was overly burdensome to industry.  In their January 30, 2012 response, acting EPA toxics chief Jim Jones noted that “the EPA provided a five month reporting period for this first round of reporting to provide additional time for companies to review and understand changes in the reporting requirements, gather the necessary information, and file through the agency's electronic reporting system.”

Jones also noted that, “we believe that the current five month window for companies to report, along with their ability to engage the agency directly on any questions or issues they may have, provides an adequate opportunity for reporting by June 30, 2012.”

The final CDR was published on August 15, 2011, thus giving substantial time for industry to understand their obligations and prepare for the submission.  EPA also recently provided guidance for submitting byproduct data, a key concern expressed in the Upton/Shimkus letter.  Overall, EPA believes that it has provided substantial lead time and guidance for industry to comply and that the additional delays requested by the Republican members of the House are both unwarranted and would reduce the availability of vital, and Congressionally-mandated, health and safety information from the public.

More information on Chemical Data Reporting can be found on EPA's web site.

EPA Provides Guidance for Reporting Byproduct Data Under the Chemical Data Reporting Rule

The USEPA will be providing additional information related to the Chemical Data Reporting (CDR) Rule, which was formerly the Inventory Update Rule (IUR).  Many companies have been confused about what they actually have to report.  And a recent workshop dealt with one specific type of chemical - byproducts. 

More information will be coming sometime in January.  Until then, those companies who are still trying to figure out their obligations can check EPA's Frequently Asked Questions (FAQ) page on the 2012 CDR, which can be found here.


Additional useful information is available from a workshop held January 19, 2012 at the Washington University Law School.  The workshop, sponsored by law firm Bergeson & Campbell and the USEPA, looked specifically on how to report byproducts and recycled substances under the CDR.  An overview and slide presentations, as well as case studies and an audio playback, can be downloaded here.

More information on the CDR can be found on EPA's web site.

EPA Issues its IUR Rule - Sets New Submission Period!

Several weeks ago I noted that OMB had finally finished its review of the Inventory Update Rule (IUR), and today EPA announced that published the rule.  This new rule, now called the "Chemical Data Reporting" rule (CDR), increases "the type and amount of information" EPA collects from manufacturers on commercial chemicals.  The "improved" rule also "requires that companies submit the information electronically to EPA" in an attempt to streamline the reporting process.  It also limits the confidentiality claims that can be made by reporting companies.

According to EPA's press release:

The CDR rule, which falls under the Toxic Substances Control Act inventory update rule (IUR), requires more frequent reporting of critical information on chemicals and requires the submission of new and updated information relating to potential chemical exposures, current production volume, manufacturing site-related data, and processing and use-related data for a larger number of chemicals. The improved information will allow EPA to better identify and manage risks associated with chemicals. 

Companies will have to start reporting under the new requirements during the next data submission period, which has been set for February 1, 2012 to June 30, 2012.  EPA had suspended the previous reporting period last May when it became clear that the OMB review would not be complete in time for manufacturers to comply.

Companies will be required to start following the new reporting requirements in the next data submission period, which will occur February 1, 2012 to June 30, 2012. 

The full Chemical Data Reporting rule can be reviewed on EPA's IUR web page.

OMB Review of Inventory Update Rule Complete - Expects to Publish Soon

After a long and anxious wait, the Office of Management and Budget (OMB) has finally completed its review of EPA's inventory update reporting rule (IUR) changes.  The delay in OMB review had caused EPA to suspend the reporting period, which was supposed to have run from June 1 to September 30, 2011.  The proposed rule revised the amounts and types of information that chemical manufacturers and others had to report to EPA under the IUR.  While OMB hasn't released its findings yet, it appears they will approve the rule but recommend some changes.

Basically the IUR is designed to provide EPA with key information on chemical production and processing in the United States.  The data companies are required to submit includes information that can help EPA - and the public - assess exposure to the chemicals that are on the reporting list.  These data, along with hazard data such as toxicity and environmental fate information, are used to identify potential risks to the public.

Since OMB does not expect to publish their findings for several days or even weeks, EPA must wait before they can set a new reporting deadline.  In the past EPA representatives have tried to ease industry anxiety by insisting there would be adequate lead time for companies to collect the information needed prior to a new reporting period.  Obviously, most of the data that need to be submitted are the same as has been done by industry for several previous IUR reporting periods, and with the EPA changes already identified in the proposed rule, industry should already be in a position to start collecting data.  Because of the OMB delay, EPA will likely be under pressure to set the new reporting period sooner rather than later to avoid disrupting the next cycle of IUR reporting, so it would behoove companies to start the process internally while waiting for publication.

EPA Suspends the Submission Period for the Long-Awaited Inventory Update Rule (IUR)

Following many months of uncertainty, and with the deadline for industry submission approaching, the USEPA has issued a Federal Register Notice "amending the Toxic Substances Control Act (TSCA) Inventory Update Reporting (IUR) regulations by suspending the current June 1, 2011, through September 30, 2011, submission period for 2011 reports."  This action was necessitated because EPA till hasn't managed to finalize the IUR modifications rule that they have been working on since last year.

A revised submission period will be announced when the IUR modifications rule is finalized "in the next several weeks."  Once the rule is finalized EPA is promising that companies will have "sufficient time to comply with the updated IUR reporting requirements."  It represents a "one-time" suspension only, and the next scheduled reporting period is expected to be unchanged, i.e., June 1 to September 30, 2016.

According to EPA, "the suspension is warranted, EPA adds, "because it gives affected parties additional time to adjust their behavior in response to other portions of the proposed rule ... and because it averts potential confusion and duplication of effort, which could occur if other portions of the proposed rule, substantively affecting the submission requirements of the IUR, become effective in the midst of the IUR submission itself."

The Notice can be downloaded at: http://www.gpo.gov/fdsys/pkg/FR-2011-05-11/pdf/2011-11562.pdf

EPA Proposes Changes to TSCA Reporting Requirements

The move to strengthen TSCA, or at least the move to more fully utilize the current authority given to EPA under TSCA, took another step this week as EPA proposed changes to the TSCA Inventory Update Rule (IUR) reporting requirements.  The changes would increase public disclosure by limiting what companies can protect as confidential, as well as increase the amount and frequency of data submitted.  The new changes would also require the submission of these data electronically.


According to EPA, "this information helps the agency determine whether chemicals may pose risks to people or the environment."

“Enhanced reporting on the production and use of chemicals will help give the American people greater access to information on the chemicals to which their children and families are exposed every day,” said Steve Owens, EPA’s assistant administrator for the Office of Chemical Safety and Pollution Prevention. “The proposal being announced today will allow the agency to more effectively and expeditiously identify and address potential chemical risks and improve the information available to the public on chemicals most commonly used in commerce.”

Commenting on the proposed rule is open until October 25, 2010, and if finalized in time would be effective for the next IUR reporting period schedule for June 1 - September 30, 2011.