Proposed Rule2026-06066
Reporting Deadline Extension for the Health and Safety Data Reporting Rule Under Toxic Substance Control Act (TSCA) Section 8(d)
Primary source
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Published
March 30, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency is proposing to extend the reporting deadline for the Health and Safety Data Reporting Rule under the Toxic Substance Control Act (TSCA) by one year to May 21, 2027. EPA is seeking public comment on this proposed action, including any considerations or concerns that stakeholders may have regarding the proposed extension of the reporting deadline. The proposed extension is intended to delay compliance with this one-time reporting rule during EPA's ongoing reconsideration of the rule.
Full Text
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<title>Federal Register, Volume 91 Issue 60 (Monday, March 30, 2026)</title>
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[Federal Register Volume 91, Number 60 (Monday, March 30, 2026)]
[Proposed Rules]
[Pages 15582-15585]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06066]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 716
[EPA-HQ-OPPT-2023-0360; FRL-13162-01-OCSPP]
RIN 2070-AL43
Reporting Deadline Extension for the Health and Safety Data
Reporting Rule Under Toxic Substance Control Act (TSCA) Section 8(d)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency is proposing to extend the
reporting deadline for the Health and Safety Data Reporting Rule under
the Toxic Substance Control Act (TSCA) by one year to May 21, 2027. EPA
is seeking public comment on this proposed action, including any
considerations or concerns that stakeholders may have regarding the
proposed extension of the reporting deadline. The proposed extension is
intended to delay compliance with this one-time reporting rule during
EPA's ongoing reconsideration of the rule.
DATES: Comments must be received on or before April 29, 2026.
ADDRESSES: Submit your comments for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2023-0360, online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online instructions for submitting
comments. Do not submit electronically any information you consider to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Additional information on how to
comment, along with instructions for visiting the docket in-person, is
available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Lameka Smith, Chemical Information,
Prioritization, and Toxics Release Inventory Division (7406M), Office
of Pollution Prevention and Toxics, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-1629; email address: <a href="/cdn-cgi/l/email-protection#7e0d13170a1650121f131b151f3e1b0e1f50191108"><span class="__cf_email__" data-cfemail="d6a5bbbfa2bef8bab7bbb3bdb796b3a6b7f8b1b9a0">[email protected]</span></a>.
For general information contact: The TSCA-Hotline, ABVI-Goodwill of
the Finger Lakes, 422 South Clinton Ave., Rochester, NY 14620;
telephone number: (202) 554-1404; email address: <a href="/cdn-cgi/l/email-protection#3e6a6d7d7f1376514a5257505b7e5b4e5f10595148"><span class="__cf_email__" data-cfemail="3c686f7f7d11745348505552597c594c5d125b534a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by this action if you manufacture
(including import) any of the chemical substances listed in 40 CFR
716.120(d) of the regulatory text of this document. The following list
of North American Industrial Classification System (NAICS) codes
affected by this rule are those that align with these activities:
<bullet> Chemical manufacturers (including importers), (NAICS code
325); and
<bullet> Petroleum refineries (NAICS code 324110).
This action applies to manufacturers in these NAICS codes who are
currently manufacturing (including importing) a listed chemical
substance (or will do so during the chemical's reporting period) or who
have manufactured (including imported) or proposed to manufacture
(including import) a listed chemical substance within the last 10
years.
[[Page 15583]]
B. What action is the Agency taking?
EPA is proposing to extend the reporting deadline for the data
submission period for the TSCA section 8(d) Health and Safety Data
Reporting Rule.
C. What is the Agency's authority for taking this action?
The Health and Safety Data Reporting rule for the 16 chemical
substances is promulgated under TSCA section 8(d) (15 U.S.C. 2607(d))
and codified at 40 CFR part 716. EPA's statutory authority to modify
the deadline for the final TSCA section 8(d) rule is the same statutory
authority relied upon to promulgate the underlying rule.
The statutory provision, along with administrative agencies'
authority to reconsider prior regulations, provides EPA's authority for
the targeted amendment to the compliance deadline finalized in this
action. Unless provided otherwise by statute, an agency may change
existing positions (e.g., reconsider, revise, or rescind prior rules)
provided they acknowledge the change in position, offer a reasonable
explanation for the change, and take any serious reliance interests
into account. See, e.g., FDA v. Wages & White Lion Invs., L.L.C., 145
S. Ct. 898, 917 (2025); Encino Motorcars v. Navarro, 579 U.S. 211, 221
(2016); FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515 (2009);
Motor Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins. Co., 463 U.S.
29 (1983).
D. Why is the Agency taking this action?
EPA promulgated a final rule on December 13, 2024 (89 FR 100756
(FRL-11164-02-OCSPP)), to require manufacturers (including importers)
of 16 specific chemical substances to submit copies and lists of
certain unpublished health and safety studies to the EPA. The 16
chemical substances were added to 40 CFR 716.120 to support ongoing and
upcoming activities under TSCA section 6. On March 13, 2025, EPA
extended the submission deadlines from March 13, 2025, to June 11,
2025, for vinyl chloride (CASRN 75-01-4) and from March 13, 2025, to
September 9, 2025, for the remaining 15 chemical substances. See (90 FR
11899 (FRL-11164.-02-OCSPP). On June 9, 2025, EPA amended the
submission deadlines for all 16 chemical substances subject to the rule
to May 22, 2026. EPA now recognizes a need to further extend these
reporting deadlines as noted below.
EPA is considering a proposal to modify the scope of the TSCA
section 8(d) Health and Safety Data Reporting Rule. Such a rulemaking
would make infeasible the current reporting deadline of May 22, 2026,
(90 FR 24228 June 9, 2025 (FRL-11164.2-02-OCSPP)). EPA is proposing to
extend the reporting deadline by one year to May 21, 2027. Should EPA
finalize modifications to the TSCA section 8(d) Health and Safety Data
Reporting Rule, the Agency's final action on the rule would update the
deadline, as appropriate.
EPA is taking this action because it has determined additional time
is necessary to alleviate the compliance burdens associated with this
one-time reporting rule while EPA considers potential modifications to
the regulations, including aligning the rule with Executive Order 14219
``Ensuring Lawful Governance and Implementing the President's
`Department of Government Efficiency' Deregulatory Initiative'' (90 FR
10583, February 19, 2025) and EPA's Powering the Great American
Comeback Initiative Pillar I: Clean Air, Land, and Water for Every
American. Rather than requiring businesses to prepare submissions under
a rule that is in the process of being revised, this action provides
regulatory certainty and prevents duplicative or potentially
inconsistent reporting. Once the updated rule is finalized, reporting
requirements and timelines will be clearly communicated to ensure a
smooth and efficient compliance process. EPA is not reopening or
reconsidering provisions of the underlying regulations other than the
submission deadline in this rule.
II. Request for Comment
EPA invites comments on all aspects of this proposed action to
extend the reporting deadline for the TSCA section 8(d) Health and
Safety Data Reporting Rule. Specifically, EPA requests comment on the
proposed reporting timeline and is soliciting comments on the nature
and extent of any reliance interests that may have arisen from the
rule.
III. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review under Executive Order 12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011).
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is an Executive Order 14192 deregulatory action. This
proposed rule provides burden reduction by providing relief against
existing compliance deadlines.
C. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA, 44 U.S.C. 3501 et seq. OMB has previously approved the
information collection activity contained in the existing regulation
and has assigned OMB control number 2070-0224 (EPA ICR No. 2703.02).
This action does not create any new reporting or recordkeeping
obligations and does not otherwise change the burden estimates that
were approved.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. In making this determination, the EPA concludes that
the impact of concern for this rule is any significant adverse economic
impact on small entities and that the agency is certifying that this
rule will not have a significant economic impact on a substantial
number of small entities because the rule relieves regulatory burden on
the small entities subject to the rule. This proposed action would
extend compliance dates of one data reporting rule and alleviate
compliance burden on small entities subject to those actions. We have
therefore concluded that this action will relieve regulatory burden for
all directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate of $100 million
(adjusted annually for inflation) or more (in 1995 dollars) as
described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or
uniquely affect small governments. The action imposes no enforceable
duty on any state, local, or tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and
[[Page 15584]]
responsibilities among the various levels of government.
G. Executive Orders 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000) because it will
not have substantial direct effects on tribal governments, on the
relationship between the Federal government and the Indian tribes, or
on the distribution of power and responsibilities between the Federal
government and Indian tribes. This action does not impose substantial
direct compliance costs on federally recognized Indian tribal
governments. Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Although this action does not concern an environmental health or
safety risk, the information obtained from the reporting required by
this rule will be used to inform the Agency's decision-making process
regarding chemical substances to which children may be exposed. This
information will also assist the Agency and others in determining
whether the chemical substances included in this proposed rule present
potential risks, allowing the Agency and others to take appropriate
action to investigate and mitigate those risks.
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to regulatory actions considered significant under
section 3(f)(1) of Executive Order 12866 and that concern environmental
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of Executive Order 13045.
Since this is not a ``covered regulatory action,'' E.O. 13045 does
not apply. However, the Policy on Children's Health does apply.
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards under the NTTAA
section 12(d), 15 U.S.C. 272.
List of Subjects in 40 CFR Part 716
Environmental protection, Chemicals, Hazardous substances, Health
and safety, Reporting and recordkeeping requirements.
Lee Zeldin,
Administrator.
Therefore, for the reasons stated in the preamble, EPA proposes to
amend 40 CFR 716 as follows:
PART 716--HEALTH AND SAFETY DATA REPORTING
0
1. The authority citation for part 716 continues to read as follows:
Authority: 15 U.S.C. 2607(d).
0
2. Amend Sec. 716.120 in table 3 to paragraph (d), under the heading
``OPPT 2024 Chemicals'', by revising the entries for ``Acetaldehyde'',
``Acrylonitrile'', ``2-anilino-5-[(4-methylpentan-2-yl)amino]cyclohexa-
2,5-diene-1,4-dione (6PPD-quinone)'', ``Benzenamine'', ``Benzene'',
``Bisphenol A'', ``Ethylbenzene'', ``Hydrogen fluoride'', ``4,4-
Methylene bis(2-chloraniline)'', ``N-(1,3-Dimethylbutyl)-N'-phenyl-p-
phenylenediamine (6PPD)'', ``Naphthalene'', ``Styrene'', ``4-tert-
octylphenol(4-(1,1,3,3-Tetramethylbutyl)-phenol)'', ``Tribromomethane
(Bromoform)'', ``Triglycidyl isocyanurate''; and ``Vinyl Chloride.''
The revisions read as follows:
Sec. 716.120 Substances and listed mixtures to which this subpart
applies.
* * * * *
(d) * * *
Table 3 to Paragraph (d)
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Category CASRN Special exemptions Effective date Sunset date
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* * * * * * *
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OPPT 2024 Chemicals
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Acetaldehyde................... 75-07-0 Sec. January 13, 2025. May 21, 2027.
716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
Acrylonitrile.................. 107-13-1 Sec. January 13, 2025. May 21, 2027.
716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
2-anilino-5-[(4-methylpentan-2- 2754428-18-5 Sec. January 13, 2025. May 21, 2027.
yl) amino]cyclohexa-2,5-diene- 716.21(a)(11)
1,4-dione (6PPD-quinone). applies; Sec.
716.20(a)(9) does
not apply.
Benzenamine.................... 62-53-3 Sec. January 13, 2025. May 21, 2027.
716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply
applies; Sec.
716.20(a)(9) does
not apply.
Benzene........................ 71-43-2 Sec. January 13, 2025. May 21, 2027.
716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
Bisphenol A.................... 80-05-7 Sec. January 13, 2025. May 21, 2027.
716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
Ethylbenzene................... 100-41-4 Sec. January 13, 2025. May 21, 2027.
716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
Hydrogen fluoride.............. 7664-39-3 Sec. January 13, 2025. May 21, 2027.
716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
4,4-Methylene bis(2- 101-14-4 Sec. January 13, 2025. May 21, 2027.
chloraniline). 716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
N-(1,3-Dimethylbutyl)-N'-phenyl- 793-24-8 Sec. January 13, 2025. May 21, 2027.
p-phenylenediamine (6PPD). 716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
[[Page 15585]]
Naphthalene.................... 91-20-3 Sec. January 13, 2025. May 21, 2027.
716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
Styrene........................ 100-42-5 Sec. January 13, 2025. May 21, 2027.
716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
4-tert-octylphenol(4-(1,1,3,3- 140-66-9 Sec. January 13, 2025. May 21, 2027.
Tetramethylbutyl)-phenol). 716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
Tribromomethane (Bromoform).... 75-25-2 Sec. January 13, 2025. May 21, 2027.
716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
Triglycidyl isocyanurate....... 2451-62-9 Sec. January 13, 2025. May 21, 2027.
716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
Vinyl chloride................. 75-01-4 Sec. January 13, 2025. May 21, 2027.
716.21(a)(11)
applies; Sec.
716.20(a)(9) does
not apply.
* * * * * * *
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[FR Doc. 2026-06066 Filed 3-27-26; 8:45 am]
BILLING CODE 6560-50-P
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