By Lynn Bergeson
Next year is fast approaching and chemical manufacturers should be examining their recordkeeping procedures to adjust to the changes the United States Environmental Protection Agency (EPA) made to the Toxic Substances Control Act (TSCA) Inventory Update Rule (IUR). The data collection period for the 2006 report is calendar year 2005, so if you have not already reviewed these procedures, now is a good time to do so.
EPA amended the IUR reporting requirements in 2003, effective in the 2006 reporting cycle, which includes 2005 data. Completing IUR Form U will now be more complicated because exposure-related information is required, and because inorganic chemical substances are no longer exempt from reporting. Key changes include:
Or, if the chemical substance is site-limited, the maximum concentration at the time it is reacted on-site to produce a different chemical substance. “Reasonably likely to be exposed” means an exposure to a chemical substance that, under foreseeable conditions of manufacture, processing, distribution in commerce, or use of the chemical, is more likely to occur than to not occur.
These reporting obligations are not easy to satisfy and in some cases will take time and effort to address. So, if you have not already thought through how these new requirements will be satisfied, what are you waiting for?
Lynn Bergeson is regulatory editor for Chemical Processing magazine. She is a founding shareholder of Bergeson & Campbell, P.C., a Washington, D.C.-based law firm concentrating on chemical industry issues. Contact her at firstname.lastname@example.org. The views expressed herein are solely those of the author. This column is not intended to provide, nor should be construed as, legal advice.