US EPA Seeks Input on Recycled Byproduct Reporting Rules

The US EPA has formally announced the failure of negotiated rulemaking on easing inorganic byproduct reporting requirements. It has now asked for public comment on how to proceed.

The new TSCA required the agency to use such rulemaking to develop a proposed rule on chemical data reporting (CDR) requirements for inorganic byproduct substances that are recycled, reused, or reprocessed. The goal was to develop and publish a proposed rule by June 2019 so that it could apply to the next CDR reporting cycle in 2020. But the committee called it quits on 14 September after three meetings.

Industry representatives said NGOs rejected all proposals to reduce reporting requirements, and in some cases questioned the basis of existing exemptions. Meanwhile, an NGO representative who took part said each industry wanted an unjustified exemption from all reporting and thought they could get a better deal if they could persuade the Trump administration to go ahead with a regular rulemaking.

In the 12 October notice, the EPA said it "encourages public input on ways to decrease the burden associated with the reporting of inorganic byproducts, while maintaining the agency's ability to receive the information it needs to understand exposure". Comments will be accepted until 11 December.

Industry groups argue that the EPA is still obligated to propose a reporting rule. However, in the announcement setting up the negotiated rulemaking, the agency took the position that TSCA required the negotiation, but if this fails it does not have to propose a rule itself.