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?
- 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 don’t 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).
Chatham, NJ (Nov 17): More information is available about next year’s Form U filing (electronically) to comply with the TSCA Inventory Update Rule.
Did you know that you will be required to file the 2011 TSCA IUR Form U electronically? Do you have questions about the 2011 IUR electronic reporting tool?
If your answer is yes to either of these questions, Emilcott encourages TSCA Submitters to register for this upcoming EPA meeting/webinar:
Understanding the 2011 IUR Electronic Reporting Tool (e-IURweb)
Tuesday, November 30th
10am-12pm EST
The EPA calls this an “informational meeting” designed to help us understand the proposed e-IURweb electronic, web-based reporting tool that submitters will have to use to complete Form U for the 2011 IUR. During the meeting the EPA will
• provide an overview and demonstration of the e-IURweb tool, including the enhanced CDX registration process
• answer questions related to using the electronic tool
• discuss ways in which databases can interface with the proposed e-IURweb
• address issues concerning computer firewall settings
Register Today
The meeting will be held in Fairfax, VA. For those not able to attend in person, please register for the live webinar. In addition, the webinar will be recorded and posted at http://www.epa.gov/iur.
For complete registration information, directions, and meeting logistics go to http://epa-oscpp-iur.cgifederal.com/.
For additional information regarding this meeting, contact Chenise Farquharson at farquharson.chenise@epa.gov or Nikhil Patil at nikhil.patil@cgifederal.com or by phone: 703-227-6017.
Q1. TSCA Sec. 8 (a) – states that manufacturers or importers of “certain” chemical substances listed on the TSCA Inventory are required to report information about the manufacturing, processing, and use of those chemicals. What are these certain chemicals that are listed on the TSCA Inventory? Are these certain chemicals listed on the TSCA Inventory the ones without the ‘XU’ exempted flag? what are these “certain” chemicals?
Q2. If a chemical substance is listed on the TSCA Inventory and is not marked as “exempt” with an ‘XU’ flag, is the manufacturer required to report information about the manufacturing, processing, and use of that chemical?
Q3. Is there a specific list out there of existing reportable chemical substances that are required to report?
Q4. If our chemical substance is included in the Partially Exempted List and Petroleum Process Streams List, are we required to only report parts I & II on Form U? If we manufacture 300,000 lbs. or more of a chemical substance at one site, is that chemical substance then excluded from being partially exempted and required to complete parts I, II, and III of Form U?
Trev-
Great questions. Paula Kaufmann will post a detailed response for you early next week.
Sarah Damaskos
Trev –
In practice, the “list” of chemicals that must included on the inventory update reports start with all the chemicals imported or manufactured in the US. The non-confidential or public TSCA Inventory is not all inclusive as this public inventory does not contain those chemicals confidential business information (CBI) claims.
When pulling together the list of substances that must be included on the Form U, one should start with those that are initially manufactured or first appear (by importation) on their site (this also includes by-products). The list is then streamlined by removing the substances with total exemptions, and those that are manufactured or imported in quantities below the threshold volumes.
Substances with Total Exemptions -
Several groups of chemical substances are generally excluded from all IUR reporting requirements (polymers, microorganisms, naturally occurring chemical substances, and certain natural gas substances). The current TSCA Inventory contains “regulatory flags” based on the requirements of the 2006 IUR (2005 reporting period). Many of the substances with “XU” designation are polymers, a class of chemical substances for which IUR reporting is not required.
Substances with Partial Exemptions -
The partial reporting exemptions for listed petroleum streams is proposed to continue for the 2011 submission, with an exemption for reporting processing and use information. These streams are listed in Table 1 of 40 CFR 711.6 (b)(1). This partial exemption requires completion of Parts I and II but not the processing and use data detailed in Part III.
Volume Thresholds -
The current volume threshold for reporting is 25,000 lbs, with 300,000 lbs for Part III data. The proposed IUR modifications eliminate the 300, 000 lb threshold, requiring all parts of Form U data for non-exempt substances at 25,000 lbs or more. The Agency also proposed that substances subject to rules under TSCA sections 5(a)(2), 5(b)(4) or 6, an order issued under TSCA section 5(e) or 5(f), and those subject to civil action under TSCA section 5 or 7 be reported at any production volume (no threshold).
I hope this is information is helpful — the TSCA requirements are a bit difficult to work through!
If you have any additional question – please just let us know! If you are interested in subscribing to the Emilcott TSCA newsletter, sign up at http://www.emilcott.com/subscribe.asp indicating EHS Regulatory Notices Newsletter.
Paula Kaufmann
Please help me understand what needs to be reported. We manufacture dozens of polymers in our facilities and use hundreds of chemical substances in the manufacture and processing of electrical insulating varnishes. For which TSCA chemical substances will I be required to report? I cannot find any guidance documents on this issue. Thank you very much.
Santino,
I’ll need more information to answer you question — this regulation is complicated. I am happy to set up a call to discuss your TSCA filing requirements and help you work through the concepts mentioned in my earlier response … The focus for the inventory reporting is counting the volumes of all chemicals that are initially manufactured or first appear (by importation) on their site (this also includes by-products). The list is then streamlined by removing the substances with total exemptions, and those that are manufactured or imported in quantities below the threshold volumes. Please contact me at the office (800-866-3645) and leave your phone number and/or email and we can set up a time to understand your chemical “situation”. I am sure we can make the TSCA requirements clearer to you!
Paula Kaufmann
Please see Aug 3 2011 post: BREAKING NEWS: New EPA TSCA Inventory Update Requirements (IUR) for 2012. ( http://ehswire.com/2011/08/breaking-news-new-epa-tsca-inventory-update-requirements-iur-for-2012/)