Energy & Environmental Law Blog : Energy & Environmental Lawyer & Attorney : Vorys, Sater, Seymour and Pease Law Firm : Oil, Gas & Green Technology

On Friday, August 13th USEPA published its proposed IUR Modifications rule in the Federal Register, beginning a 60-day comment period.  We previously discussed the prepublication notice of this coming rule.

According to USEPA’s statement:

The proposal delineates a number of improvements for 2011 reporting, including requiring electronic reporting via the e-IURweb of all IUR data, making reporting easier and more accessible to all potential reporters. The proposal would also modify the reporting of manufacturing, processing and use data for most chemicals and would make changes to specific data elements, including the addition of other production volume data that would require production volume for all years since the 2006 reporting year. It would also require a greater amount of substantiation for confidential business information claims. Data collected under the final rule would provide improved information for both EPA and the public so they can better identify and, where appropriate, take steps to manage risks associated with TSCA chemical substances. Read the fact sheet.

Note to inorganic chemical manufacturers: Inorganic chemicals are no longer partially exempt from the IUR rule. The partial exemption was a one-time exemption for 2006 reporting only
 

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USEPA has published a pre-publication notice of a proposed rule amendment to TSCA's Inventory Update Reporting (IUR) rule, promulgated under Section 8(a) of TSCA.  The IUR rule requires manufacturers (including importers) of certain chemical substances to report information about the manufacturing, processing and use of those chemicals.  The proposed changes include:

• Requiring electronic reporting
• New definition for manufacture and site
• To shorten the reporting period to every 4 years instead of every 5 years
• Modify the method used to determine what a manufacturer or importer is subject to reporting
• To eliminate the 300,000 lb. processing and use threshold
• To eliminate the 25,000 lb. reporting threshold for certain chemicals
• Disallowing confidentiality claims for processing and use data identified as not "known to or reasonably ascertainable by"

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The long-awaited proposed revisions to TSCA were introduced in the U.S. House and Senate last week. As expected, these proposals, referred to as the “Safe Chemicals Act of 2010” in the Senate and as the “Toxic Chemicals Safety Act of 2010” in the House, contain numerous similarities to REACH.  For example, the precautionary principle will apply, manufacturers will need to submit data on each chemical produced and its use, the EPA will be required to prioritize chemicals based on risk, the EPA will be expected to address high risk chemicals quickly.  Chemical information submitted will be publically available, the scope of confidential business information will be significantly narrowed, and there is a focus on using safer alternatives to chemicals of concern. 

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On February 19, 2010, the USEPA proposed a rule to revise the procedures for developing Enforceable Consent Agreements ("ECA") to generate test data under TSCA.  The rule would generally apply to those who manufacture or process chemical substances.  ECAs are legally enforceable agreements entered into with USEPA wherein a manufacturer or processor of chemical substances agrees to conduct specific testing on a chemical substance to fill an USEPA data need (without requiring EPA to first make a risk determination under TSCA Section 4).  The proposed rule is intended  to shorten the average time to complete negotiations for ECAs and to use deadlines to terminate negotiations for ECAs if not completed. 

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The Senate Committee on Environment & Public Works heard testimony yesterday on improving the framework for assessing and managing chemical risks under the Toxic Substances Control Act (TSCA).  Written statements of the witnesses, including from the Administrator of U.S. EPA, can be found here.

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U.S. EPA just announced core principles that outline the President’s goals for Congressional reform of the Toxic Substances Control Act (TSCA):

• Chemicals should be reviewed against risk-based safety standards based on sound science and protective of human health and the environment;
• Manufacturers should provide EPA with the necessary information to conclude that new and existing chemicals are safe and do not endanger public health or the environment;
• EPA should have clear authority to take risk management actions when chemicals do not meet the safety standard, with flexibility to take into account sensitive subpopulations, costs, social benefits, equity and other relevant considerations;
• Manufacturers and EPA should assess and act on priority chemicals, both existing and new, in a timely manner;
• Green Chemistry should be encouraged and provisions assuring Transparency and Public Access to Information should be strengthened; and
• EPA should be given a sustained source of funding for implementation.

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