EPA Amends TSCA Reporting Obligations

摘要

ON DECEMBER 4, 2013, the U.S. Environmental Protection Agency (EPA) issued a final rule entailing the use of electronic reporting for certain reporting requirements under the Toxic Substances Control Act (TSCA), effective March 4, 2014. This article summarizes the final rule. TSCA gives the EPA broad authority to regulate the manufacture (including import) and processing of chemical substances. TSCA allows the EPA to require these manufacturers and processors to generate and - submit data and information to the agency. For example, under TSCA Section 4, the EPA can compel data to determine whether the manufacture, distribution in commerce, processing, use or disposal of such chemicals or mixtures presents an "unreasonable risk" of injury to health or the environment. Under TSCA Section 8, the EPA can compel the submission of data, including information that's necessary to evaluate the potential adverse human-health and environmental effects from exposure to identified chemical substances, mixtures or categories (TSCA Section 8(a)), or submit lists or copies of ongoing and completed unpublished health and safety studies concerning identified chemical substances, mixtures or categories (TSCA Section 8(d)). Under TSCA Section 5(a)(1), chemical manufacturers must notify the EPA at least 90 days before manufacturing a new chemical substance for commercial purposes, and before manufacturing or processing the chemical substance for any use that the EPA has determined to be a "significant new use" under TSCA Section 5(a)(2).