Bergeson & Campbell`s Summary of Recent Federal Developments

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Source: Bergeson & Campbell, P.C.

TSCA/FIFRA/EPCRA/NTP         

EPA Extends IUR Reporting Period -- On December 20, 2006, the U.S. Environmental Protection Agency (EPA) announced its decision to extend the deadline for Toxic Substances Control Act (TSCA) Inventory Update Reporting (IUR) from December 23, 2006, to March 23, 2007.  71 Fed. Reg. 76204.  EPA notes in its Federal Register notice that this is a one-time extension for the 2006 submission period only.  EPA believes that an extension is necessary in response to concerns raised by the regulated community about its ability to timely submit the required information.

EPA Makes IUR Guidance Available -- EPA recently made available on its website a guidance document pertinent to reporting requirements under TSCA’s IUR entitled Case Studies for Reporting for the 2006 Partial Updating of the TSCA Chemical Inventory Database.  The document, dated December 2006, may be accessed on the EPA website.  Companies that are taking advantage of the extension of the 2006 IUR reporting deadline from December 23, 2006, to March 23, 2007, may be particularly interested in this guidance document.  EPA published the final rule extending the reporting deadline on December 20, 2006 (see above).

The new guidance document provides detailed case studies for IUR reporting for various fact patterns, including: reporting a Site-limited Intermediate Monomer; reporting an Imported Chemical; reporting a Chemical that is Exported; reporting a Partially Exempt Chemical; reporting a Chemical Produced at and Imported by the Same Site; reporting a Hydrated Substance; reporting a Chemical Produced in Multiple Physical Forms; reporting an Organic Fertilizer (Urea); reporting Multiple Processes and Uses for Xylene; reporting an Inorganic Fertilizer (Ammonium Phosphate); and reporting Tetrasodium-EDTA.

EPA Seeks Information On Chemicals Under Stockholm Convention -- On December 20, 2006, EPA solicited information relevant to its development of risk management evaluations pursuant to the Stockholm Convention on Persistent Organic Pollutants (POPs) for certain chemicals that are being reviewed for possible addition to the Convention.  71 Fed. Reg. 76325.  The five chemicals on which EPA is seeking information are:  hexabromobiphenyl (HBB) (CAS No. 36355-01-8); pentabromodiphenyl ether (PeBDE) (CAS No. 32534-81-9); chlordecone (CAS No. 143-50-0); lindane (CAS No. 58-89-9); and perfluorooctane sulfonate (PFOS).  EPA also solicited information relevant to the development of risk profiles pursuant to the Convention for certain chemicals also being reviewed for possible addition to the Convention:  commercial octabromodiphenyl ether (octaBDE) (CAS No. 32536-52-0); pentachlorobenzene (PeCB) (CAS No. 608-93-5); short-chained chlorinated paraffins (SCCP) (CAS No. 85535-84-8); alpha-hexachlorocylcohexane (alpha-HCH) (CAS No. 319-84-6); and beta-hexachlorocyclohexane (beta-HCH) (CAS No. 319-85-7).  Comments on these chemicals were to be submitted on or before January 4, 2007.

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