North America Commission For Environmental Cooperation
Carbon Disclosure Project’s 2010 Water Disclosure

EPA Proposes Modifications to TSCA's Inventory Update Reporting Rule

By James A. Vroman

On August 11, 2010, the U.S. EPA announced that it was publishing in the Federal Register proposed modifications to the Toxic Substance Control Act's "Inventory Update Reporting" rule.  See, U.S. EPA's Press Release.  TSCA's IUR rule, promulgated under TSCA's Section 8(a), authorizes the Agency to require manufacturers and importers of chemicals to submit to the Agency information on the manufacture, processing, production and use of chemicals on the TSCA Chemical Substance Inventory.  The U.S. EPA uses the submitted information to assess and evaluate the risks the chemical poses to human health and the environment.  The information the chemical manufacturer or importer submits under the IUR rule to the Agency is available to the public unless the manufacturer or importer classifies the information as "Confidential Business Information" (CBI).  Much of the information that has been submitted to the U.S. EPA has been classified as CBI.

The proposed modifications to the IUR rule would require manufacturers and importers to submit the IUR rule information electronically, to provide data to the Agency on a chemical's use and processing not previously required, and to revise the standards under which a manufacturer or importer may classify the submitted information as CBI.  See, Proposed Rule.  The proposed modifications also include other changes to the IUR rule.  The deadline to submit comments on the proposed modifications to the IUR rule is October 12, 2010.