Paula Kaufmann, CIHAugust 2011 Update: Information from the EPA regarding TSCA requirements and submission has changed significantly since this post was originally written in August 2010. Please also read BREAKING NEWS: New EPA TSCA Inventory Update Requirements (IUR) for 2012 and additional posts following to ensure that you have the most up-to-date information.
-PKaufmann
Is your facility a manufacturer or importer of chemicals in amounts of 25,000 pounds or greater? If so, your company may need to participate in the next round of the EPAs Toxic Substance Control Act (TSCA) Inventory Update Rule (IUR) program and submit a Form U to the EPA.
Heres how the EPA explains this rule: The IUR requires manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory to report site and manufacturing information for chemicals manufactured (including imported) in amounts of 25,000 pounds or greater at a single site. Additional information on domestic processing and use must be reported for chemicals manufactured in amounts of 300,000 pounds or more at a single site. EPA uses the IUR data to support many health, safety, and environmental protection activities. For more information go to http://www.epa.gov/oppt/iur/
When Is the Next Reporting? THIS IS IMPORTANT!!!
The next submission period is currently planned for June 1 - September 30, 2011 when manufacturers and importers will report information on their 2010 production (and the EPA has proposed adding data for years 2006, 2007, 2008 and 2009). See revised information post: BREAKING NEWS: New EPA TSCA Inventory Update Requirements (IUR) for 2012
How is IUR Changing for 2011 Reporting?
- Inorganic chemicals are no longer partially exempt from the IUR rule. This was a one-time exemption for 2006 reporting only.
- On August 13, 2010 the EPA published its proposed IUR Modifications Rule, beginning a 60-day comment period. The proposal would require electronic reporting and expanded manufacturing, processing, and use information. The EPA anticipates promulgating a final rule by the spring of 2011. As aspects of the proposed rule have yet to be finalized, Emilcott will provide a definitive, easy-to-read list here on EHSWire.
So stay tuned to EHSwire.com or www.emilcott.com to stay informed about any IUR reporting developments and reporting obligations in 2011 for the calendar year 2010. If you have any questions about the upcoming IUR reporting or TSCA compliance question, please comment below, contact us directly or read more at http://www.emilcott.com/services/svcenvcompliance.asp. Emilcott provides comprehensive support for TSCA compliance, including assisting with inventory and chemical substance use information subject to the IUR program.
Some interesting Form U questions and facts -
Did you know that 1,541 companies submitted a Form U in 2006?
Some submitted multiple Forms because as each manufacturing site that originates a chemical substance is required to report. The 2006 IUR public data are available on the IUR web site (www.epa.gov/iur).
What chemical do you think was the highest volume reported in 2006?
If you guessed sulfite liquors and cooking liquors you were right! These chemicals are used in the pulp and paper industry. I had no idea that they would make the top of the list!
Can the Form U be filed electronically?
Yes. Electronic filings with the EPA can make the process of submitting a Form U almost painless (well, at least you dont need to use a typewriter!). However, with electronic submissions, one needs to carefully follow the instructions to ensure that the submission made its way to the EPA electronically, AND maintain a record of all reference numbers associated with the submission.
What happens if you begin discover that you somehow missed the 2006 submission? Should you just ignore this omission and submit the 2011 Form U? Will this be acceptable?
No! You must notify the EPA that you missed reporting for the 2006 IUR within 21 days of your discovery. The EPA has an Audit Policy for Self-Disclosure in which drastic fine reduction is possible if the requirements outlined by the Agency are met. This policy is presented on the EPA Compliance Incentive and Auditing web site (http://www.epa.gov/compliance/incentives/auditing/auditdisclose.html).
Need help regarding TSCA or Form U? Emilcott can guide you through the maze of self-reporting a potential Form U violation to the EPA (See http://www.emilcott.com/services/svcenvcompliance.asp). We often find that our clients receive large fine reductions, and if all the requirements of the Audit Policy are met, total reduction of the fine (= no fine).