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EPA Suspends June-Sept 2011 TSCA Submission for Importers, Mfrs

The Environmental Protection Agency has issued a final rule, effective May 11, 2011, which amends the Toxic Substances Control Act section 8(a) Inventory Update Reporting (IUR) regulations to suspend the next submission period (June 1, 2011 to September 30, 2011) within which manufacturers and importers must report IUR data on the manufacturing, processing, and use of the chemical substances to EPA.1

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(Potentially affected entities may include, but are not limited to: (i) chemical manufacturers and importers (NAICS codes 325 and 324110; e.g., chemical manufacturing and processing and petroleum refineries); (ii) chemical users and processors who may manufacture a byproduct chemical substance (NAICS codes 22, 322, 331, and 3344; e.g., utilities, paper manufacturing, primary metal manufacturing, and semiconductor and other electronic component manufacturing).

Submission Period Suspended Pending Final Rule on IUR Regulations

EPA is suspending this submission period to allow additional time to finalize its August 2010 proposed rule that would modify the IUR regulations. EPA states that this is necessary to avoid finalizing changes to the IUR reporting requirements in the midst of the June-September 2011 submission period.

(EPA’s August 2010 proposed rule would amend the IUR requirement to require submission of additional information and data, require electronic reporting of IUR information, modify the circumstances that trigger reporting, etc. See ITT’s Online Archives or 08/16/10 news, 10081616, for BP summary.)

Final Rule Expected to Establish New Submission Period

EPA is completing work on the August 2010 proposed rule and expects to promulgate, in the near future, a final rule addressing IUR modifications. EPA also expects that the final rule will establish the next applicable submission period and supersede the suspension that this action puts in place.

1The IUR enables EPA to collect and publish information on the manufacturing, processing, and use of commercial chemical substances on the TSCA Inventory. This includes current information on chemical production volumes, manufacturing sites, and how the chemical substances are used. This information helps EPA determine whether people or the environment are potentially exposed to reported chemical substances.

EPA contact -- Chenise Farquharson (202) 564--7768, farquharson.chenise@epa.gov

(FR Pub 05/11/11)