Paula Kaufmann, CIH
In a recent blog about the rapidly approaching Toxic Substance Control Act (TSCA) Form U submission in 2011, I mentioned that the EPA published a Proposed Rule detailing TSCA Inventory Update Reporting Modifications. The EPA anticipates promulgating a final rule by the spring of 2011 as the next scheduled IUR submission period is currently scheduled to run from June 1, 2011 through September 30, 2011.
Some of these modifications are really a big deal and will require a lot additional effort for most submitters. We should be seeing some commentary in response to the proposed rule about the cost of compliance with the modifications along with the benefits of having this collection of information about chemical importation, manufacture and use in the US. Hopefully this will be a spirited discussion and we will keep you posted on the outcomes and what they mean to you.
Although we dont know what the final rule will look the following is a list of the proposed changes that may affect many of our clients and you:
- Electronic reporting of the IUR data, using an Agency-provided, web-based reporting software
- After the final rules effective date, paper submissions would no longer be accepted.
- Form U submission every 4 years (instead of every 5 years)
- All submissions would require processing and use information (Part III of Form U)
- No minimum manufacture (or import) quantity for certain chemical substances
- This an elimination of the 25,000 lb. threshold for the chemical substances that are subject to rules or orders in following TSCA 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
- This an elimination of the 25,000 lb. threshold for the chemical substances that are subject to rules or orders in following TSCA sections:
- IUR exemption changes for the following chemical substances:
- No exemption for those with an enforceable consent agreement (ECA) to conduct testing.
- Full exemption water.
- Removal of polymers that are already fully exempt from the partially exempt list of chemical substances.
- Significant new reporting requirements Form U completion:
- Name and address belonging to the parent company.
- Current Chemical Abstracts (CA) Index Name, as used to list the chemical substance on the TSCA Inventory, as part of the chemical identity.
- Production volume for each of the years since the last principal reporting year. For the 2011 report this would include 2006, 2007, 2008 AND 2009 in addition to 2010.
- Production volume directly exported and not domestically processed or used.
- Volume of manufactured chemical substance (such as a by product) that is recycled, remanufactured, reprocessed, reused, or reworked .
- Company Business Information (CBI)
- Submission of substantiation for CBI claims in Section III (processing and use information).
- Proposed changes for AFTER 2011 Form U submissions
- Require reporting if the production volume of a substance met or exceeded the 25,000 pound threshold in any calendar year since the last principal reporting year.
With this significant list of proposed changes, Emilcott is paying close attention to TSCA-related news so that we can advise and guide our clients to be in compliance. We have worked with multiple U.S. and International clients with U.S. facilities that have misunderstood or ignored TSCA regulations resulting in a big problem that could have been avoided. If your facility falls under the TSCA guidelines, are you paying close attention to modifications to the TSCA IUR program? What do you think of the company cost vs. informational and monitoring benefits? What are you doing to be a part of the debate or prepare for submission?