Comments
by
Participants
in
the
Public
Meeting
on
the
Draft
Instruction
Manual
for
the
2006
Updating
of
the
TSCA
Chemical
Substance
Inventory
Meeting
Held
on
October
22,
2003
in
Houston,
Texas
A
public
meeting
was
held
by
the
Economics,
Exposure,
and
Technology
Division
of
EPA's
Office
of
Pollution
Prevention
and
Toxics
on
October
22,
2003
in
Houston,
Texas.
The
purpose
of
the
meeting
was
to
receive
comments
on
the
clarity,
comprehensiveness,
and
utility
of
the
draft
Instruction
Manual
for
the
2006
Partial
Updating
of
the
TSCA
Chemical
Inventory
Database.
The
draft
Instruction
Manual
details
how
to
respond
to
the
information
collection
requirements
of
the
Inventory
Update
Rule,
40
CFR
Part
710,
which
was
substantially
modified
by
amendments
promulgated
on
January
7,
2003.
Sixteen
persons
representing
industry
and
trade
groups,
the
entities
affected
by
the
regulation,
attended
the
meeting.
In
addition
to
comments
received
at
the
meeting,
EPA
invited
participants
to
submit
written
comments
and
questions.
The
comments
received
at
the
meeting
are
listed
below.

Chapter
1:
Introduction
1.
Is
there
a
de
minimus
threshold
as
in
TRI?
Is
there
an
impurity
exemption?
2.
How
do
you
report
for
maximum
concentration
if
the
chemical
substance
never
leaves
the
site?

Chapter
2:
Reporting
Requirements
and
Chapter
3:
When
to
Report
1.
Importers
a.
Need
to
clarify
the
site
of
import
b.
If
you
are
a
small
importer
but
your
chemical
substance
is
subject
to
a
special
regulatory
action,
do
you
need
to
report?
c.
How
do
you
report
if
an
importing
company
imports
a
chemical
substance
directly
to
consumer
sites
and
does
not
handle
the
substance?
d.
How
do
you
report
if
an
import
broker
is
used?
e.
Do
you
need
to
find
and
report
accession
numbers
for
chemical
substances
you
are
importing?
2.
The
term
`
parent'
company
may
not
be
well
understood.
There
may
be
an
incentive
not
to
have
a
`
parent'
company
(
particularly
for
importers).
3.
Sections
2.3.2.1
and
2.3.2.2
discuss
the
partial
exemption.
What
criteria
must
be
met
to
have
a
chemical
added
to
the
list?
4.
Need
to
clarify
that
alloys
are
mixtures.
5.
Where
is
the
list
of
chemicals
of
low
current
interest?
6.
In
the
hafnium
example
discussed
during
the
meeting,
would
hafnium
be
exempt
under
naturally
occurring
substances?
Note:
This
refers
to
an
example
given
of
a
zirconium
processor
that
removes
the
hafnium
impurity
by
chemical
processing.
7.
What
if
a
separation
of
a
naturally
occurring
substance
is
a
physical
separation
rather
than
a
chemical
separation.
8.
Does
IUR
require
additional
chemical
analyses?
9.
If
the
you
know
the
accession
numbers
can
they
submit
it?
Instruction
manual
states
"
You
can
use
an
Accession
Number
as
an
identifying
number
only
if
EPA
has
communicated
the
appropriate
Accession
Number
to
you."
For
example,
importers
may
be
given
the
number
by
the
manufacturing
site.
10.
The
appendix
listing
the
chemical
substances
subject
to
a
special
action
seems
to
only
list
SNURs
but
does
not
list
the
TSCA
Section
5
and
7
chemicals.
Are
the
lists
in
Appendix
C
the
same
as
in
previous
drafts.
11.
Is
the
small
manufacturer
sales
exemption
tied
to
the
manufacture
of
a
particular
chemical
substance?
12.
How
do
you
report
if
you
separate
an
impurity
that
is
not
on
the
TSCA
Inventory?
Additional
instructions
are
needed
if
you
find
you
are
manufacturing
a
chemical
that
is
not
on
the
Inventory.
13.
Who
is
responsible
for
reporting
for
toll
manufacturers?
14.
If
toll
manufacturers
are
required
to
report,
is
the
company
required
to
add
toll
manufacturers
as
a
plant
site?
15.
If
you
satisfy
an
exemption,
are
there
any
requirements
you
must
fulfill?

Chapter
4:
Completing
Form
U
16.
Number
of
workers
exposed
a.
What
are
considered
engineering
controls?
How
should
submitters
handle
engineering
controls?
Why
are
engineering
controls
not
considered
in
the
estimate
of
number
of
workers?
b.
The
number
of
workers
exposed
exclude
accidental
failures.
If
an
engineering
control
fails
it
would
be
an
accidental
failure.
Why
are
engineering
controls
not
considered
in
reporting
the
number
of
workers?
c.
Commenter
would
like
to
encourage
EPA
to
take
into
account
engineering
controls
when
estimating
the
number
of
exposed
workers.
d.
Additional
examples
and
guidance
are
needed
on
how
to
report
the
number
of
exposed
workers.
e.
What
workers
are
included
 
contract
workers,
full­
time
equivalents,
employee
turnover?
f.
How
do
you
report
number
of
workers
exposed
to
a
product
that
is
a
chemical
waste?
What
if
material
is
both
disposed
of
as
waste
and
recycled,
how
do
you
report
number
of
workers?
17.
Why
is
the
Dun&
Bradstreet
number
needed
for
the
plant
site?
Why
can't
sites
use
the
number
used
for
TRI
reporting?
18.
Why
do
you
have
to
report
site­
limited
chemicals?
Do
you
still
have
to
report
chemicals
that
do
no
leave
the
site?
19.
Maximum
concentration:
What
if
an
intermediate
is
produced
at
100%
but
never
leaves
the
site
at
100%?
How
do
you
report?
20.
It
is
not
clear
on
the
form
that
you
want
a
street
address
if
the
company
address
is
a
P.
O
Box.
21.
Do
you
need
a
Dun&
Bradstreet
number
for
the
plant
site
if
you
already
have
a
number
for
the
parent
site?
22.
Will
EPA
consider
a
de
minimus
threshold
for
analytical
samples
when
determining
the
maximum
concentration?
23.
Additional
guidance
on
downstream
reporting
is
required.
For
example,
how
do
distributors
report?
How
can
distributors
certify
that
all
information
is
correct?
24.
What
is
being
done
to
revise
the
certification
statement.
Submitters
are
uncomfortable
certifying
downstream
use
information
is
correct.
What
are
the
penalties
for
violations?
How
will
EPA
look
for
violations?
25.
Additional
guidance
is
needed
for
importers.
26.
Are
chemicals
produced
as
a
waste
exempt
from
reporting?
What
if
a
waste
goes
to
a
landfill
and
is
then
mined
and
sold,
how
is
this
reported?
What
if
a
waste
substance
is
burned
as
a
fuel?
27.
Clarify
that
Form
U
reports
are
for
chemicals
entering
the
commercial
market.
28.
There
will
be
double
counting
of
chemicals.
For
example
if
a
chemical
goes
to
a
distributor
who
is
also
receiving
the
same
substance
from
another
site,
the
number
of
sites
and
workers
at
the
distributor
will
be
double­
counted.
29.
Additional
guidance
is
needed
for
children's
use.
If
there
is
no
additional
guidance,
most
submitters
may
default
to
`?'.
30.
Can
the
`?'
in
the
children's
use
field
be
replaced
by
`
not
reasonably
ascertainable'
or
similar?
31.
A
manufacturer
sends
a
copper
cathode
to
a
facility
that
rolls
the
copper
into
a
rod.
Does
the
rolling
facility
need
to
report?

Appendix
G:
Case
Studies
32.
There
is
an
example
for
pesticides
but
examples
are
also
needed
for
food
grade
chemicals.
For
example,
citric
acid
may
be
used
for
food
and
other
purposes.
33.
Case
studies
are
helpful.
34.
How
do
you
report
if
you
are
forming
an
ash,
part
of
which
goes
to
a
landfill
as
a
waste
product
and
part
sold
as
a
product.
35.
How
do
your
report
a
chemical
substance
that
is
manufactured
at
elevated
temperatures
as
a
liquid
but
then
cooled
and
pelletized.
The
substance
may
leave
the
plant
in
either
form.

Chapter
5:
CBI
36.
Will
CBI
be
released
if
EPA
receives
a
FOIA
request.
37.
Does
the
company
information
CBI
tie
back
to
the
parent
company
or
the
plant
site?
38.
Is
there
a
CBI
box
to
cover
the
name
of
the
person
signing
Form
U?
EPA
could
inadvertently
release
CBI
if
people
in
the
chemical
manufacturing
community
know
the
sites
at
which
people
work.
39.
What
is
going
to
happen
to
the
IUR
data?
What
information
will
the
public
have
access
to?
40.
TRI
received
criticisms
about
releasing
a
target
list
for
terrorists.
What
homeland
security
precautions
are
being
made?
Additional
Topics
1.
Page
G­
15
addresses
engineering
controls
and
may
address
some
of
the
previous
concerns.
2.
Do
truckers
driving
the
product
count
as
exposed
workers?
3.
Clarify
the
definition
of
site­
limited.
Imports
are
not
site­
limited
but
what
if
it
is
imported
and
then
destroyed
on­
site.
4.
In
developing
electronic
reporting,
EPA
should
consider
using
a
TRI­
ME
(
TRI
Made
Easy)
type
approach.
The
TRI­
ME
CD
has
simplified
reporting
methods
that
alerts
submitters
if
Form
R
is
incomplete
or
was
not
answered
properly.
5.
Clarify
reporting
of
number
of
workers.
Are
maintenance
workers
and
other
workers
not
directly
involved
in
the
process
included?
6.
There
is
an
inconsistency
in
Case
Study
G.
On
page
G­
34
it
says
the
product
will
be
used
by
children
but
G­
39
states
it
is
not
expected
to
be
used
by
children.
7.
How
do
you
differentiate
workers
exposed
to
the
product
versus
workers
exposed
to
the
waste?
For
example,
an
ash
that
is
both
a
product
and
waste.
8.
IUR
does
not
reveal
the
extent
to
which
the
U.
S.
is
importing.
Importers
don't
consider
themselves
manufacturers
and
do
not
know
they
need
to
report
under
IUR.
More
case
studies
should
be
focused
on
importers.
More
communication
is
needed
with
importing
associations.
9.
Has
the
Inventory
been
updated
with
the
proper
`
XU'
notations?
If
not,
when
will
a
corrected
version
be
available?

Future
1.
Submitters
will
need
time
to
close
their
books
from
the
reporting
year
so
the
submission
period
should
not
be
January
through
May.
2.
There
is
a
tremendous
amount
of
reporting
in
the
first
quarter
of
the
year
and
changing
the
submission
dates
would
be
overly
burdensome
to
industry.
3.
Small
companies
would
not
be
able
to
handle
additional
reporting
in
the
first
quarter.
4.
Would
a
change
in
submission
period
be
released
as
a
direct
final
rule?
5.
What
will
EPA
decide
in
the
120
days
after
a
partial
exemption
submission?
6.
The
petroleum
process
exemption
states
that
they
are
partially
exempt
because
they
are
produced
in
a
manner
which
limits
exposure.
Doesn't
this
contradict
EPA's
guidance
to
exclude
engineering
controls
in
computing
the
number
of
exposed
workers?
7.
Does
EPA
receive
a
Form
U
for
all
81,000
chemicals
on
the
Inventory?
8.
Why
doesn't
EPA
have
a
partial
exemption
based
on
health
effects,
flash
point,
or
other
risk
factors?
9.
Can
chemicals
be
delisted
from
the
partial
or
full
exemption
list?
10.
Will
the
draft
procedures
for
the
partial
exemption
be
in
the
final
rule?
11.
Will
there
be
public
comment
on
exemption
requests?
12.
Will
the
slides
and
minutes
be
publically
available?
