• TSCA section 8 directs EPA to promulgate rules that require chemical manufacturers and processors to maintain records pertaining to the chemicals they use.
• EPA requires electronic reporting of certain information submitted to the agency under the TSCA.

When the Toxic Substances Control Act (TSCA) was enacted, Congress recognized that very little was known about chemicals in the environment. It was not even known how many chemicals there were, in what quantities they were produced and where, what their by-products were, and who was exposed to them and under what conditions. This information was available only for a handful of existing chemicals.

Therefore, Congress gave the Environmental Protection Agency (EPA) authority under TSCA section 8 to require the submission of reports and the retention of information so the agency could develop information on these basic questions.

TSCA section 8 overview

TSCA section 8 directs EPA to promulgate rules that require chemical manufacturers and processors (other than small manufacturers and processors) to maintain records pertaining to the chemicals they use. EPA may require these records to include information such as chemical identity, uses, volumes produced, by-products, health and environmental effects, exposure, and disposal methods.

EPA may also require chemical manufacturers and processors to report such records to the agency. For small manufacturers and processors, EPA may promulgate recordkeeping and reporting requirements only for chemicals for which the agency has already required the development of new information or that are already regulated under the Act.

Based on information gathered by EPA, the agency must maintain a list of chemical substances manufactured or processed for commercial purposes in the U.S. EPA refers to this list as the TSCA Inventory. Refer to the TSCA Inventory section.

Section 8 also requires chemical manufacturers or processors to report to EPA any information that indicates a chemical presents a “substantial risk” of injury to human health or the environment with regard to a chemical. The agency may require the submission of health and safety studies which are known or available to those who manufacture, process, or distribute in commerce specified chemicals.

Additionally, section 8 authorizes EPA to require reporting of information documenting “significant adverse reactions” to human health or the environment alleged to have been caused by a chemical, as well as lists and copies of available health and safety studies.

In accordance with TSCA section 8(a), EPA has also issued several chemical-specific regulations that call for manufacturers and processors or potential manufacturers or processors of the chemicals to maintain records and submit reports as EPA requires. Note that EPA requires certain reports to be submitted electronically.

Electronic reporting

EPA requires electronic reporting of certain information submitted to the agency under TSCA. Electronic reporting is intended to save time, improve data quality, and increase efficiency. Submitters will be required to use EPA’s Central Data Exchange (CDX), the agency’s electronic reporting site.

Specifically, EPA requires electronic submission of data and other TSCA section 8 information for:

• TSCA section 8(a) Preliminary Assessment Information Rule (PAIR) submissions;
• TSCA 8(a) Chemical data reporting; and
• TSCA section 8(d) health and safety studies.

Outside of our TSCA section 8 discussion, it should be noted that electronic submission of data and other information is also required for:

• TSCA section 4 test rules;
• TSCA section 5 premanufacture notices; and
• TSCA section 5 Notices of Commencement of Manufacture or Import (NOCs) and support documents relating to section 5 notices sent to EPA before April 6, 2010.