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EPA’s 2012 Chemical Data Reporting Rule and TSCA Enforcement for Failure to Report Chemical Data

Did your business manufacture or import more than 25,000 lbs. of chemical substances (including byproducts) at any single site in calendar year 2011? If so, your company may be subject to EPA’s 2012 Chemical Data Reporting Rule, 40 CFR Part 711, under the Toxic Substances Control Act (TSCA) and you should have filed a submission to EPA on or before August 13, 2012.

The Chemical Data Reporting (CDR) Rule requires periodic reporting by chemical manufacturers and importers. In particular, the CDR Rule requires submissions every four years, whereas the predecessor rule (i.e., the 2006 Inventory Update Rule) triggered submissions at five-year intervals.

Under 40 CFR 711.15(b):

  • If 2011 site-specific production volume exceeded 25,000 lb, a manufacturer or importer must submit “manufacturing data” for all reportable chemical substances for calendar year 2011 and production volume only for calendar year 2010; and
  • If 2011 site-specific production volume exceeded 100,000 lb, a manufacturer (including importers) must report “processing and use data,” for calendar year 2011, for all reportable chemical substances.

Since 2007, EPA has collected more than $2.3 million in civil penalties and fines in conjunction with 43 enforcement actions under TSCA’s chemical reporting and recordkeeping regulations. Notably, EPA has brought enforcement actions more than four years after the 2006 Inventory Update Rule, including three recent enforcement actions in Region 3 and Region 6 with fines totaling $362,113.