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EPA Proposing to Amend TSCA Inventory Update Rule

Date: Aug 11, 2010

The U.S. Environmental Protection Agency (EPA) has released a pre-publication copy of a proposed rule that would significantly amend the Toxic Substance Control Act (TSCA) Inventory Update Rule (IUR), which is currently codified at 40 C.F.R. § 710.23 et seq.

Among the more significant proposed changes, EPA would:

  • Require electronic reporting of the IUR data, using an Agency provided, web-based reporting software (e-IURweb) to submit IUR reports through the Internet to EPA's Central Data Exchange (CDX).
  • Require increased detail for reported manufacturing, processing, and use data.
  • Change the reporting frequency from every 5 years to every 4 years.
  • Require reporting if the production volume of a substance met or exceeded the 25,000 pound threshold not in the preceding calendar year but in any calendar year since the last principal reporting year. This proposed method would be effective after the 2011 IUR submission period.
  • Eliminate the 300,000 lb. threshold for processing and use information, and require all reporters of non-excluded substances to complete all sections of the IUR form.
  • Eliminate the 25,000 lb. threshold for certain substances that are the subject of certain TSCA rules and/or orders and require manufacturers and importers of such substances to report regardless of their production volume.
  • Make substances for which an enforceable consent agreement to conduct testing has been made under 40 C.F.R. Part 790 ineligible for exemptions, provide a full exemption from IUR requirements for water, and remove polymers that are already fully exempt from the partially exempt list of chemical substances.
  • Require reporting of production volume for each of the years since the last principal reporting year.
  • Replace the "readily obtainable" reporting standard used for the reporting of processing and use information with the "known to or reasonably ascertainable by" reporting standard.
  • Require upfront substantiation when processing and use information is claimed as CBI and disallow confidentiality claims for processing and use data elements identified as not "known to or reasonably ascertainable by."

EPA anticipates promulgating a final rule by the spring of 2011. Recognizing that this would be shortly before the next scheduled IUR submission period (currently scheduled to run from June 1, 2011 through September 30, 2011), EPA will specifically solicit comment on the transition to new IUR requirements. EPA envisions a 60-day comment period on the proposal.

This topic, among others, will be discussed at Keller and Heckman's Chemical Control Course on November 1-3, 2010 in Washington D.C. For more information about the course, please click here.