July 2010 Proposed Modifications to IUR Rule

U.S. Environmental Protection Agenc y Office of Pollution Prevention and Toxi cs 1 

### FACT SHEET

Proposed Rule: TSCA Inventory Update Reporting Modifications

What Action is EPA Taking? EPA is proposing to amend the reporting requir ements of the Toxic Substances Control Act (TSCA) Inventory Update Reporting (IUR) rule . The IUR rule requires manufacturers (including importers) of certain chemical substances listed on the TSCA Inventory of Chemical Substances to report information about the manufacturing (i ncluding import), processing, and use of those chemical substances. The proposed rule would provide improved information for EPA to better identify and, where appropriate, take steps to mana ge risks associated with chemical substances.

Why is EPA Proposing to Modify the IUR Rule? EPA is proposing to modify the IUR rule to meet four primary goals: (1 ) Tailor the information collected to better meet the Agen cy’s overall information needs; (2) Increase its ability to effectively provide public access to the information; (3) Obtain new and updated information relating to potential exposures to a subset of chem ical substances listed on the TSCA Inventory; and (4) Improve the usefulness of the information reported.

Who Would Be Required to Report? You may be affected by this action if you manufac ture (including import) chemical substances and mixtures listed on the TSCA Inventory in vol umes of 25,000 lb. or more during the principal reporting year (i.e., calendar year 2010). Potentia lly affected entities ma y include, but are not

limited to:

• Chemical manufacturers and importers ( NAICS code 325 and 324110; e.g., chemical manufacturing and processing and petroleum refineries)

• Chemical users and processors who may manufacture a byproduct chemical substance (NAICS codes 22, 322, 331, and 3344; e.g., utiliti es, paper manufacturing, primary metal manufacturing, and semiconductor and other electronic component manufacturing)

What are Some of the Proposed Changes? Reporting Information to EPA

• Require use of the electroni c reporting software to submit all IUR information.

• Require reporting if the production volume of a chemical substance met or exceeded the 25,000 lb. threshold in any calenda r year since the la st principal report ing year(proposed

method would be effective af ter the 2011 submission period). Manufacturing-related Information

• Require the reporting of certain manuf acturing data elements, including:

o Whether an imported chemical is physically at th e reporting site.

o The volume of the chemical substance directly exported and not domestically processed or used.

o Whether a manufactured chemical, such as a byproduct, is being recycled, remanufactured, reprocessed, reused, or reworked.July 2010 Proposed Modifications to IUR Rule

U.S. Environmental Protection Agenc y Office of Pollution Prevention and Toxi cs 2 • Require reporting of produc tion volume for all years si nce the previous principal reporting year (i.e., 2005). Processing and Use-related Information

• Eliminate the 300,000 lb. threshold for processi ng and use information, thereby requiring all reporters of non-excluded substances to report information in all parts of the IUR

Form U.

• Revise the list of industrial function categor ies for the reporting of processing and use information and replacing the five-digit North American Industrial Classification System (NAICS) codes with 48 I ndustrial Sectors (IS).

• Revise the list of consumer and commerc ial product categories for the reporting of

consumer and commercial use information.

• Require upfront substantiation when proces sing and use information is claimed as confidential business information (CBI). Other Proposed Changes

• Change the reporting frequency from ev ery five years to every four years.

• Eliminate the 25,000 lb. threshold for certain chem ical substances that are the subject of particular TSCA rules and/or orders and to require manufacturer s (including importers) of such chemicals to report under the IUR rule, regardless of the production volume.

• Make chemical substances for which an en forceable consent agreement (ECA) to conduct testing has been made under 40 CFR part 790 in eligible for exemptions, to provide a full exemption from IUR requirements for water, and to remove polymers that are already fully exempt from the partially exempt list of chemicals.

Are Any Chemicals Exempt? Certain chemicals – naturally o ccurring substances, microorganisms, polymers, certain forms of natural gas, and water – are exempt unless they are subject to another TSCA rule. In addition, certain chemicals are partially exempt, and manufact urers of such chemicals are only required to report identification and manufact uring information for those chemicals. The partially exempt

chemicals are listed in the IU R regulations at 40 CFR 711.6(b).

When is Reporting Required? The 2011 submission period, during which 2010 ma nufacturing, processing and use and 2006- 2009 production volume information would be reporte d, is scheduled to occur from June 1 to September 30, 2011.

Will EPA Provide Reporting Instructions? EPA will provide guidance materials to submitters prior to the start of the 2011 IUR submission period. Two draft documents that provide detailed instructions for reporting chemical information, including the requirements for reporting byproduct chemicals, are included in the docket (EPA–HQ–OPPT–2009-0187) for the proposed rule.

For More Information: General Information contact : Susan Sharkey, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200July 2010 Proposed Modifications to IUR Rule

U.S. Environmental Protection Agenc y Office of Pollution Prevention and Toxi cs 3 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: 202-564-8789; email address: sharkey.susan@epa.gov

Chenise Farquharson, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Prot ection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone num ber: 202-564-7768; e-mail address: farquharson.chenise@epa.gov

Websites : www.epa.gov/iur and http://www.regulations.gov (Docket Control number EPA–HQ–OPPT–2009-0187)