TSCA Advisory 03 - I

EPA published a Final Rule in today's Federal Register amending the current Toxic Substances Control Act Inventory Update Rule ("IUR"). The amendments to the rule substantially increase reporting requirements for chemical manufacturers and importers.

A more detailed analysis of the Final Rule will follow in a subsequent Advisory. Some of the key features are described generally below.

New information regarding chemical exposure to workers and the public will be required, e.g., the number of workers likely to be exposed to chemical substances for which reports are filed, all chemical and physical form(s) in which chemical substances are sent off-site, and production volume associated with each form;

More detailed "processing" and "use" information will be required for chemical substances manufactured or imported in amounts of 300,000 lbs. or more, e.g., the manner in which the chemical substance is processed or used at a facility or downstream site, the number of sites where processing or use occurs, and the five-digit North American Industry Classification System ("NAICS") code that best describes the industrial activities that process or use the chemicals; and

New reporting requirements will be imposed on manufacturers of inorganic chemical substances, which will include a "phased-in" compliance program with limited data due in 2006 reports and further data due in subsequent submissions.

The amended IUR also will require manufacturers and importers to report production for the previous calendar year, as opposed to the previous corporate fiscal year, and companies that claim confidentiality will be required to substantiate claims in their reports. Manufacturers and importers can find some relief in the amendments: EPA raised the initial reporting threshold for chemical substances from 10,000 to 25,000 lbs., and has exempted companies that produce "petroleum process streams" and certain other specified manufacturers from reporting processing and use information.

If you need further information concerning this TSCA development, please contact one of the TSCA professionals below.

McKenna Long & Aldridge LLP distributes its Advisories to clients and friends of the firm free of charge. If you would like to request additions (or deletions) to our distribution list, please call Nina MacLeay at 213-243-6063 or send email to nmacleay@mckennalong.com .