|May 9, 2012|
Previously published on May 4, 2012
On April 13, 2012, the U.S. Environmental Protection Agency ("EPA") proposed a rule requiring chemical manufacturers and importers to use the EPA's Central Data Exchange ("CDX") and Chemical Information Submission System ("CISS") web-based reporting tool. Companies would use CDX and CISS to submit information under Toxic Substances Control Act ("TSCA") section 4 (pursuant to test rules and enforceable consent agreements ("ECAs")), TSCA section 8(a) Preliminary Assessment Information Rule ("PAIR"), and TSCA section 8(d) Health and Safety Data Reporting rules.
EPA also proposed amendments to TSCA section 5 regulations extending electronic reporting requirements to Notices of Commencement of Manufacture or Import ("NOCs") and certain correspondence, amendment and test data documents related to TSCA section 5 notices submitted to EPA before April 6, 2010. The TSCA section 5 submissions would use the EPA's existing e-PMN software. The EPA seeks comments on:
- the relative time and resource burden of completing CDX registration requirements and making an electronic submission, versus making a submission via the current paper-based method;
- whether persons required to report information under TSCA section 4 or 8(d) rules, or under the TSCA 8(a) PAIR would benefit from moving from paper based reporting to electronic because it is less expensive, faster, and easier;
- the submission of Confidential Business Information ("CBI") via CDX;
whether persons required to report under these sections of TSCA would benefit from receiving electronic correspondence from EPA via CDX; and
- the submission of forms, reports, and other documents in fielded formats.
The EPA is accepting comments through June 12, 2012.
The new proposed rule follows EPA's March 2012 proposal to limit new uses of certain chemical imports used in a wide range of consumer products and industrial applications, including paints, printing inks, textile pigments and dyes, foam flame retardants, and plasticizers.