Date: Jan 10, 2003
On January 7, 2003, EPA significantly amended the existing TSCA Inventory Update Rule (IUR). 68 Fed Reg. 848. As discussed below, the amendments have in some ways decreased and in some ways increased the reporting burden on the regulated community.
In 1986, EPA promulgated the initial IUR, which required manufacturers and importers of certain chemical substances to submit reports describing production quantities and other information. EPA regulations governing IUR appear at 40 C.F.R. Part 710. Reporting was required in 1986, 1990, 1994, 1998, and 2002.
Under the 1986 IUR, any person who manufactured or imported 10,000 pounds or more of a chemical substance that was listed on the Inventory at any single site owned or controlled by that person at any time during the person's latest complete corporate fiscal year was required to submit a "Form U" (EPA Form 7740-8, 1-02). The Form U required little more than contact information; the specific chemical name and Chemical Abstracts Registry Number (CASRN) (if available) of each substance for which reporting was required; an indication as to whether the substance was manufactured, imported, or site limited; and the total volume (in pounds) of the substance manufactured or imported at the site.
On January 7, 2003, EPA significantly amended the existing IUR under the IUR Amendments (IURA). The IURA increased reporting requirements in certain ways, and decreased reporting requirements in certain ways. The IURA:
Several exemptions to the 1986 IUR survived the IURA. Naturally occurring substances, polymers, and microorganisms continue to be exempt from the IUR, unless they are: (a) the subject of a rule that is proposed or promulgated under TSCA §§ 4, 5(a)(2), 5(b)(4), or 6; (b) is the subject of an order under section 5(e) or 5(f) of TSCA; or (c) the subject of relief that has been granted under a civil action under section 5 or 7 of TSCA. 40 C.F.R. § 710.46(a). Small manufacturers as defined under 40 C.F.R. § 704.3 are exempt from reporting unless the substance is regulated under certain specified sections of TSCA. 40 C.F.R. § 710.49. If a company is subject to the reporting requirements of a TSCA section 8(a) rule within one year of the beginning of the submission period and submitted the same information and would be required under section 710.52, it does not need to report that substance for the IUR for that submission period. 40 C.F.R. § 710.55.
Substances manufactured in small quantities for R&D need not be reported under the IUR. Further, IUR is not required for substances imported as part of an "article." 40 C.F.R. § 710.50. Another exemption is provided for any byproduct if the only commercial purpose is for use by public or private organizations that (a) burn it as fuel; (b) dispose of it as waste, including in a landfill or for enriching soil; or (c) extract component chemical substances from it for commercial purposes (this exclusion only applies to the byproduct; it does not apply to the component substances extracted from the byproduct). 40 C.F.R. § 720.30(g). Substances described at 40 C.F.R. § 720.30(h) are also excluded from IUR. Note, however, that even if a substance is manufactured solely for export and is labeled as such, and, thus, is exempt from TSCA premanufacture notification (PMN) requirements, it is subject to IUR if it happens to appear on the TSCA Inventory.
In a subsequent rulemaking, EPA intends to change the submission period to occur earlier in the year (e.g., from January 1 through May 1). EPA also intends to change the reporting frequency after the first reporting year under IURA (i.e., 2005, with submission to EPA in 2006) from every four years to every five years, and to change the recordkeeping period from five to six years.
If you have any questions regarding this article, please do not hesitate to contact Tom Berger at (202) 434-4285 or email@example.com.
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