United States of America has extended the reporting deadline for health and safety data under the Toxic Substance Control Act Section 8(d) to May 21, 2027, affecting manufacturers of specific listed chemicals
US Extends Chemical Data Reporting Deadline
Manufacturers and importers of listed chemicals get one extra year to submit health and safety data.
What changed
Deadline extended by one year to May 21, 2027 from the previous date of May 22, 2026.
Health and safety data required for chemical substances listed in 40 CFR 716.120(d).
Activity check applies only to entities that manufactured or imported substances in the last 10 years.
Who it affects
Chemical manufacturers (NAICS 325) must submit data for listed substances.
Petroleum refineries (NAICS 324110) must submit data for listed substances.
Importers of listed chemicals must report if they have imported within the last decade.
Key dates
Compliance Answer: Extension of TSCA Section 8(d) Health and Safety Data Reporting Deadline
The U.S. Environmental Protection Agency (EPA) has finalized a one-year extension of the reporting deadline for the Health and Safety Data Reporting Rule under Toxic Substances Control Act (TSCA) Section 8(d). The new deadline for submitting health and safety data for the 16 listed chemical substances is May 21, 20271, 2. This extension is effective immediately upon publication in the Federal Register on May 22, 20261.
Regulation Analysis
1. Legal Authority and Scope
The extension is authorized under TSCA Section 8(d) (15 U.S.C. § 2607(d)), which grants EPA discretion to establish and adjust reporting deadlines for unpublished health and safety studies "at such times and in such manner as the Administrator may reasonably prescribe"1. The rule applies to manufacturers (including importers) of the 16 chemical substances listed in 40 CFR Part 716.120, including entities in the following NAICS codes:
- 325 (Chemical Manufacturing)
- 324110 (Petroleum Refineries)1.
The extension does not suspend statutory obligations under TSCA but ensures reporting aligns with EPA’s ongoing reconsideration of the rule’s scope and implementation1.
2. Key Requirements and Deadlines
| Regulation | Key Requirement | Deadline/Threshold | Authority |
|---|---|---|---|
| TSCA Section 8(d) Rule | Manufacturers must submit unpublished health and safety studies for 16 listed chemicals1. | May 21, 2027 (extended) | EPA (40 CFR Part 716)1 |
| Final Rule (May 22, 2026) | Extends reporting deadline from May 22, 2026, to May 21, 20271. | Effective immediately | EPA1 |
| Proposed Rule (Mar 30, 2026) | Sought public comment on extension; finalized after considering stakeholder input2. | Comment period closed April 29, 20262. | EPA2 |
3. Rationale for Extension
EPA cited the following justifications for the extension:
- Ongoing reconsideration of the rule’s scope: EPA is evaluating modifications to address concerns about compliance burdens and the usability of submitted data1, 2.
- Avoiding duplicative reporting: Industry stakeholders argued that submitting data under a rule likely to change would result in unnecessary costs and inconsistent obligations1.
- Ensuring data quality: The extension allows EPA to finalize updated guidance, improving the relevance and completeness of submissions1.
4. Stakeholder Concerns and EPA Response
Opposing Comments
- Environmental groups and states expressed concerns that the delay could:
- Environmental justice advocates highlighted delays in access to chemical safety information1.
EPA’s Response
EPA acknowledged these concerns but determined that:
- The extension does not suspend TSCA Section 6 activities, which will proceed using the best available data1.
- Regulated entities remain subject to recordkeeping requirements, and EPA retains authority to obtain information as needed1.
- The one-year delay is necessary to address legitimate compliance challenges and ensure submitted data is usable for risk evaluations1.
5. Effective Date and Compliance
- The final rule is effective immediately upon publication (May 22, 2026), as it relieves a restriction (the original May 22, 2026, deadline) and does not require a 30-day waiting period under the Administrative Procedure Act (5 U.S.C. § 553(d)(1))1.
Summary Answer
The EPA has extended the reporting deadline for the TSCA Section 8(d) Health and Safety Data Reporting Rule from May 22, 2026, to May 21, 2027, for manufacturers of 16 listed chemical substances1, 2. This final rule, effective May 22, 2026, aims to allow EPA time to reconsider the rule’s scope and ensure submitted data is complete and relevant1. While stakeholders raised concerns about delays in risk evaluations and data availability, EPA determined the extension is necessary to address compliance challenges and avoid duplicative reporting1. The rule applies to entities in NAICS codes 325 and 324110 manufacturing the listed chemicals1. For further details, consult the docket EPA-HQ-OPPT-2023-0360 on1(https://www.regulations.gov)1, 2.
Sources
- ↩ members.wto.org — final measure / 26 02734 00 e https://members.wto.org/crnattachments/2026/TBT/USA/final_measure/26_02734_00_e.pdf
- ↩ Reporting Deadline Extension for the Health and Safety Data Reporting Rule Under Toxic Substance Control Act (TSCA) Section 8(d) https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=Q:/G/TBTN24/USA2107R1.pdf&Open=True