Paula Kaufmann, CIH
Its time for an update on the EPAs proposed changes to the Inventory Update Reporting Rule. As of January 24, 2011, the EPA has been silent as to what changes will be included in the final rule. A list of the proposed changes is presented on the Emilcott EHSWire.com blog: EPA Proposed Changes to the TSCA Inventory Update Rule.
The EPA has stated that the Agency expects to finalize the modifications to the chemical information reporting rule in time for the next reporting period, scheduled for June 1 - Sept. 30, 2011. EPA will make the electronic reporting software and associated guidance materials available before the start of the submission period. If youre like me, expects to finalize is not very helpful for planning purposes or for engendering confidence.
Pull out the professional crystal ball!
As someone who has been working with the EPA for a long time, I am reading between the regulatory lines to forecast that the final rule will be published in April. Ive based this guess on information provided at the EPA's November webinar that introduced the new, electronic TSCA Reporting Tool, e-IURweb:
- During the question and answer period an EPA representative said that the final rule should be published in the Spring 2011-- at least 30 days prior to the start of the reporting period. So if the reporting period starts on June 1, then I expect the final rule to be published by May 1st at the latest.
- The electronic tool designers said that a test version of the tool would be available for industry testing in April 2011. (Emilcott will be posting a blog about this new tool in the next few weeks.)
What to do while we wait for the final rule to be published?
We are advising Emilcott clients to proceed with the collection of 2010 inventory data with a threshold of 25,000 lbs. 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!