Environmental Health and Safety Blog | EHSWire

Paula Kaufmann, CIH

It’s time for an update on the EPA’s 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 you’re 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.  I’ve 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!

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 don’t 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 rule’s 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
    
    
    
    
  
  
  
  


• 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?

Paula Kaufmann, CIH

August 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 EPA’s Toxic Substance Control Act (TSCA) Inventory Update Rule (IUR) program and submit a Form U to the EPA.

Here’s 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?

1. Inorganic chemicals are no longer partially exempt from the IUR rule. This was a one-time exemption for 2006 reporting only.


2. 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).