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Columnists
Regulatory
Developments
Michael
C. Ford Attorney Polsinelli
Shughart, PC
Compliance
Deadline Reprieve for TSCA IUR and SPCC
Feb/March
2007
December
23, 2006 was the reporting deadline for chemical manufacturers covered
by the Chemical Inventory Update Rule (IUR) under the Toxic Substances
Control Act. However, if you missed it, you are in luck, as EPA extended
the deadline on the eve thereof until March 23, 2007 to allow the
regulated community more time to prepare their reports, particularly
those manufacturing inorganic substances, which are subject to the
reporting requirements for the first time.1
Many companies subject to reporting may have overlooked the IUR
deadline, since the reporting requirements have arisen only every four
years, and the scope of the program was expanded several years ago,
after the last reporting period.
Under
the new rule, manufacturers (defined to include importers) of inorganic
as well as organic chemical substances during 2005 in quantities greater
than the 25,000 lbs. per site threshold, are subject to
"basic" reporting requirements. In addition, manufacturers
exceeding the new 300,000 lbs. threshold for organic chemicals are
required to report more detailed information on the exposure of workers
and consumers to the chemicals. The IUR information is designed to be
used by EPA to evaluate and prioritize chemicals for possible further
review and regulation under TSCA, but manufacturers should anticipate
IUR data being reviewed and publicized by citizens groups for their own
purposes (similar to TRI reporting data), which will present a public
relations challenge for those reporting, particularly those reporting
detailed exposure information.
The
IUR was amended in 2003, significantly broadening the universe of
reportable chemicals by adding inorganics to the list, and increasing
the level of information required to be reported for each covered
chemical. The IUR regulations require manufacturers of chemicals on the
"TSCA Inventory" (there are over 75,000) subject to
"basic" reporting requirements, to report the number of
workers reasonably likely to be exposed to the chemical substance at the
site of manufacture or import; the physical form(s) of the chemical
substance as it leaves the submitter’s possession, along with the
associated percent production volume; and the maximum concentration of
the chemical substance as it leaves the submitter’s possession.
For
chemicals manufactured at a volume of 300,000 pounds or more per site,
manufacturers must report additional information including regarding the
type of industrial processing or use operation at downstream sites; the
estimated number of workers reasonably likely to be exposed to each
chemical substance at all sites at which the chemical is used or
processed; the commercial and consumer uses of reportable chemical
substances, including an indication of whether the products are intended
for use by children; the maximum concentration of the reportable
chemical substance in each commercial and consumer product category; and
the estimated percentages of the submitter’s production volume in each
industrial function category and commercial and consumer product
category.
The
reporting forms and additional information is available at www.epa.gov/opptintr/iur.
Be forewarned: the regulations are complex, contain numerous exemptions,
and the reporting forms may require a substantial dedication of
resources to prepare. Potentially affected manufacturers (and importers)
should be aware that additional deadline extensions are unlikely, so
time is running out to meet the IUR requirements.
Speaking
of deadlines, EPA announced on December 26, 2006 its proposal to extend
yet again the deadline for compliance with the amended SPCC regulations
(currently October 31, 2007).2
The amendments were originally published in July, 2002, but the
compliance deadline has been extended several times as a result of
litigation settlements and subsequent regulatory amendments generated by
the various complex and contentions interpretation issues raised by the
amendments. In fact, on the same date EPA proposed the extension, EPA
published several additional changes to the SPCC regulations addressing
issues including the secondary containment requirements for operational
equipment, "motive power containers" (a newly defined term),
and a professional engineer certification requirement exemption for
smaller quantity storage facilities.3
The proposed new compliance deadline is July 1, 2009. Comments on the
proposal were due by January 25, 2007, so the final word from EPA should
be issued soon.
Footnotes:
1
71 Fed. Reg. 76204 (December 20, 2006).
2
71 Fed. Reg. 77357 (December 26, 2006).
3
71 Fed. Reg. 77266 (December 26, 2006).
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