Lisa R. Burchi, Charles M. Auer, Kathleen M. Roberts, and Lynn L. Bergeson, “Are TSCA Section 8(b)(2) Statutory Mixture Categories Subject to Reporting Under the Chemical Data Reporting Rule?,” Bloomberg BNA Daily Environment Report, January 26, 2012.

Based on written communications from the Environmental Protection Agency’s Office of Pollution Prevention and Toxics, questions have been raised as to the agency’s interpretation of the six chemical categories created under Toxic Substances Control Act Section 8(b)(2) authority. Chemicals long considered part of these well-established categories identified decades ago are complex reaction products that fall under the TSCA Section 8(b)(2) category listing. Given the statements from EPA over the past several years and recognizing that reporting under the TSCA Chemical Data Reporting (CDR) rule is just around the corner, a critically important question is whether chemicals that would otherwise fit within the Section 8(b)(2) categories are subject to reporting under the CDR. This article examines this question by considering the regulatory history and guidance, prior reporting that has occurred, and business issues associated with the question.