TSCA Inventory Update Reporting Modifications; Chemical Data Reporting

See attached file(s) VIA ELECTRONIC SUBMISSION Document Control Officer Office of Pollution Prevention & Toxics US Environmental Protection Agency 1200 Pennsylvania Avenue, NW Mail Code 7401-M Washington, DC 20460 RE:TSCA Inventory Update Reporting Modifications Docket # EPA-HQ-OPPT-2009-0187 Dear Document Control Officer: The Semiconductor Industry Association (SIA) appreciates this opportunity to comment on the U.S. Environmental Protection Agency's (EPA's) Proposed TSCA Inventory Update Reporting Modifications at 75 Fed. Reg. 49655 (August 13, 2010). SIA is a trade association for the U.S. semiconductor industry, uniting companies responsible for more than 85 percent of semiconductor production in the U.S. SIA members use a variety of chemicals in complex semiconductor production processes. We evaluate our processes and related activities to identify and comply with any applicable requirements under the Toxic Substances Control Act (TSCA). For the upcoming Inventory Update Reporting (IUR) cycle, our member companies will be reviewing operations to identify any activities that may constitute chemical manufacturing or importing as defined under the rule, determining if reporting thresholds are met, and submitting reports as necessary. We also may receive requests from chemical suppliers that are submitting IUR forms. We have reviewed the proposed IUR modifications and have identified nine aspects that warrant our comments, provided below. A general theme related to all the comments below is our recommendation that EPA concentrate on focusing its reporting requirements, rather than increasing their scope. We think that priority-based and tiered data collection will yield better risk management results. We acknowledge EPA's recent efforts in this direction in the Chemical Management Program, where the Agency is pursuing specific actions on high-priority chemicals. EPA should require submission of additional data to fill gaps and serve specific purposes for high-priority chemicals, rather than increasing requirements for a broad set of chemicals. Especially considering that the final rule will be published very close to the submission period, we encourage EPA to minimize the changes it finalizes, and wait until specific needs are identified before collecting additional data. 1. Elimination of the 25,000 lb. threshold for specified substances The proposed rule would eliminate the 25,000 lb. reporting threshold for chemical substances that are the subject of specified TSCA rules and/or orders and would require manufacturers (including importers) of such chemical substances to report under the IUR rule, regardless of the production volume. The zero threshold would apply to chemicals that are the subject of a rule promulgated under TSCA section 5(a)(2), 5(b)(4), or 6; the subject of an order issued under TSCA section 5(e) or 5(f); or the subject of relief that has been granted under a civil action under TSCA section 5 or 7. SIA suggests that EPA not adopt this modification, which we think is technically infeasible, but rather maintain the 25,000 lb. threshold for all substances. The Agency could consider lower thresholds on a case-by-case basis, for substances for which EPA is in need of specific information. Eliminating the threshold for the chemicals subject to specified TSCA rules or orders (of which there are hundreds) would make compliance very difficult to achieve, especially for companies that import chemicals and mixtures for their own use. Companies would need to review records of all imports, determine all chemical constituents of mixtures in any concentration, and compare against the list of chemicals for which the threshold is zero. It likely would be necessary to contact foreign suppliers to request chemical identity information and/or certifications that their products do not contain any amount of the listed chemicals. These activities are necessary to some extent with the 25,000 lb. threshold, but the task…