Wednesday, May 11, 2011

Suspension Of TSCA Inventory Update Reporting IUR

EPA has passed a final rule amending the Toxic Substances Control Act (TSCA) section 8(a) Inventory Update Reporting (IUR) regulations by suspending the next IUR submission period. This final rule is effective May 11, 2011. The IUR requires manufacturers (including importers) of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report current data on the manufacturing, processing, and use of the chemical substances.

In the Federal Register of August 13, 2010, EPA published proposed modifications to the IUR regulations. EPA is suspending the next submission period to allow additional time to finalize the proposed modifications to the IUR regulations, and to avoid finalizing changes to the reporting requirements in the midst of the 2011 submission period. EPA expects to finalize, in the near future, changes to the IUR reporting requirements which will supersede this action.

This rule potentially affects manufacturers (including manufacture as a byproduct) or importers of chemical substances listed on the TSCA Inventory. EPA amended 40 CFR 710.53 to suspend the next submission period within which manufacturers and importers must report IUR data to EPA.

The IUR final rule had established June 1, 2011 to September 30, 2011, as the second of a series of recurring submission periods for the IUR. The current action suspends the second IUR submission period, which is the next IUR submission period. Thus, the submission of IUR data for the next submission period will be neither required nor accepted until the suspension has been lifted or superseded by subsequent EPA action. This is needed due to the length of time which has been necessary to complete work on the proposed modifications and to avoid finalizing changes to the reporting requirements in the midst of the 2011 submission period. This is a one-time suspension of the next submission period only, and it does not alter the timing of subsequent submission periods.

Agency expects, in a final rule, to establish the next applicable submission period and supersede the suspension that the current action puts in place. EPA is completing work on the proposed rule and expects to promulgate a final rule addressing IUR modifications in the near future.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, including TSCA compliance, developing EH&S compliance procedures, and preparing cost-effective EH&S management programs.

For further information contact Caltha LLP at or Caltha LLP Website

No comments: