by Paula KaufmannIn the August 13, 2010 TSCA Inventory Update Reporting Modifications - Proposed Rule, the EPA anticipated the promulgation of the final rule by the Spring of 2011. Spring arrived 3 weeks ago, and the final IUR Reporting Modification rule has not been published. As such, the reporting modifications and specific reporting period have not been finalized. In addition, the Agency has not released a test version of the revised Form U electronic reporting software. It is possible that the Agency will change the proposed 2011 submission period (June 1 September 30) to another 4month period later in 2011.
EPA's intended final rule was sent to the White House Office of Management and Budget (OMB) on January 20, 2011. Since the beginning of February, OMB has held meetings with the American Chemistry Council, the Society of Chemical Manufacturers and Affiliates Inc. (SOCMA), the Small Business Administration, the National Mining Association, and associations that represent companies that must comply with the regulations.
So -- once again, the question is now what to do?
As mentioned in my January blog TSCA IUR Update What Are the Changes? we are advising Emilcott clients to proceed with the collection of 2010 inventory data with a threshold of 25,000 lbs. Here are a couple of items to keep on your radar:
- Be sure your list of manufactured chemicals is complete. Your list should be based on all chemical processes and imported materials received at the site and not just on the products.
- When calculating individual substance volumes include imported mixtures with those manufactured at the site aggregating all mixtures containing that substance.
Additional data that may be needed for the 2011 reporting are listed below. Depending upon how you gather your information, you may want to request this along with the import or manufacturing volume information.
- Production volumes at or above 25,000 lbs directly exported and not domestically processed or used.
- All quantities of substances subject to rules and orders in the following sections:
- Section 5(a)(2) Significant New Use Rules (SNURs)
- Section 5(b)(4) Chemicals of concern to EPA
- Section 6 Prohibitions for chemicals with unreasonable risks
- Section 5(e) Requirements or restrictions on chemical production or use
- Section 5(f) Chemical with an unreasonable risk
What to do if you need help?
If you need assistance related to the TSCA New Chemicals regulatory requirements or the potential changes due to the Inventory Update Reporting Rule, Emilcott can guide you through the reporting. We can also help you navigate the maze of reporting a potential Form U violation from prior filing years to the EPA (See http://www.emilcott.com/services/svcenvcompliance.asp). As more information becomes available from the EPA regarding the IUR and as testing of the electronic tool begins, Emilcott will keep you up-to-date via EHSWire and our Regulatory Updates Newsletter. If you have any TSCA IUR questions or concerns, feel free to contact Emilcott or post your question below!