News

EPA Annouces Electronic Reporting for TSCA 8(e) Submissions

The Environmental Protection Agency (EPA) is announcing that notifications of substantial risk under section 8(e) of the Toxic Substances Control Act (TSCA) and voluntary For Your Information (FYI) submissions may now be filed electronically using EPA's electronic document submission system, the Central Data Exchange (CDX). Use of this electronic reporting option will streamline and reduce the administrative costs and burdens of submitting paper-based notifications of substantial risks and FYI submissions.

The EPA encourages submitters of TSCA section 8(e) notifications of substantial risk and voluntary submissions, including FYI submissions, to adopt electronic reporting as the preferred submission method.  To report under the procedures discussed in this notice, submitters would register with CDX, select the Chemical Safety and Pesticide Program (CSPP) option, and use the Chemical Information Submission System (CISS) to access reporting of TSCA section 8(e) notification of substantial risk and FYI submissions.

EPA Finalizes Thirty-five New SNURs under TSCA

The Environmental Protection Agency (EPA) is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 35 chemical substances which were the subject of premanufacture notices (PMNs). Fourteen of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture (including import) or process any of these 35 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.  This rule is effective on April 14, 2014. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on February 26, 2014.

EPA Proposes Three New SNURs under TSCA

The Environmental Protection Agency (EPA) is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for three chemical substances which were the subject of premanufacture notices (PMNs). This action would require persons who intend to manufacture (including import) or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.  Comments must be received on or before April 11, 2014.

The substances related to this notice are Alkanes, C21-34-branched and linear, chloro [CAS # 1417900-96-9], Alkanes, C22-30-branched and linear, chloro [CAS # 1401947-24-0], and Alkanes, C24-28, chloro [CAS # 1402738-52-6].

EPA Finalizes Rules for Electronic Manifest System (RCRA)

The Environmental Protection Agency (EPA) is establishing new requirements that will authorize the use of electronic manifests (or e-Manifests) as a means to track off-site shipments of hazardous waste from a generator's site to the site of the receipt and disposition of the hazardous waste. This final rule also implements certain provisions of the Hazardous Waste Electronic Manifest Establishment Act, Public Law 112-195, which directs EPA to establish a national electronic manifest system (or e-Manifest system), and to impose reasonable user service fees as a means to fund the development and operation of the e-Manifest system.

This final rule is effective as a final agency action on August 6, 2014. However, the implementation and compliance date for these regulations will be delayed until such time as the e-Manifest system is shown to be ready for operation and the schedule of fees for manifest related services has been announced.

2014 Regulatory Calendar

Selected dates for the 2014 calendar year of regulatory importance are listed.  This list is periodically updated and should not be viewed as all inclusive.

Important changes for 2014 include

The electonic reporting of Environmental Protection Agency (EPA) data relating to EPCRA (Tier I and II forms), SARA (Toxics Release Inventory information) and TSCA data submissions.

EPA Mandates Electronic Reporting Under TSCA

The Environmental Protection Agency (EPA) is amending certain reporting requirements that were promulgated under the Toxic Substances Control Act (TSCA) to require the use electronic reporting. EPA is requiring the use of electronic reporting in order to minimize the paperwork burden associated with the underlying regulatory requirements and to minimize the cost to the Federal Government of the creation, collection, maintenance, use, dissemination, and disposition of information. This action will also improve the quality and use of information to strengthen decisionmaking, accountability, and openness in government and society, as well as provide for the timely dissemination of public information and in a manner that promotes the utility of the information to the public and makes effective use of information technology.  This final rule is effective March 4, 2014.

EPA Adds o-Nitrotoluene to EPCRA

The Environmental Protection Agency (EPA) is adding ortho-nitrotoluene (o-nitrotoluene) to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 and section 6607 of the Pollution Prevention Act (PPA) of 1990. o-Nitrotoluene has been classified by the National Toxicology Program in its 12th Report on Carcinogens as "reasonably anticipated to be a human carcinogen." EPA has determined that o-nitrotoluene meets the EPCRA section 313(d)(2)(B) criteria because it can reasonably be anticipated to cause cancer in humans.  This final rule is effective November 29, 2013, and shall apply for the reporting year beginning January 1, 2014 (reports due July 1, 2015).

ChemOne's McGreal Recognized for Service to MFS

On September 19th at Monadnock Family Services' Annual Meeting, Stephen McGreal, president of ChemOne Compliance, LLC, was presented with the "Incorporator of the Year" for his service to the organization.  Not only is Mr. McGreal an Incorporator (community advocate), but also serves on the Development Committee and has been very involved with numerous community-based fundraising activities (e.g. Men Who Cook and the MFS Gala).  Monadnock Family Services (MFS) is a non-profit, comprehensive, community mental health agency serving 35 towns in Cheshire and western Hillsborough counties in southwestern New Hampshire.  Each year, their team members serve approximately 1,300 children and youth who have serious emotional and behavioral disturbances; 2,000 other children and youth through our community prevention activities conducted in partnership with area school districts and other youth-serving organizations; and almost 4,000 adults through a variety of counseling and support services.  MFS offers programs in parent education, family support, youth development, services for seniors, substance abuse prevention and treatment, veterans support services, and treatment for individuals and families confronting mental illness.

Toxics Release Inventory Data Going Electronic

In this final rule, the Environmental Protection Agency (EPA) requires facilities to report non-trade-secret Toxics Release Inventory (TRI) forms to EPA using electronic software provided by the Agency. Electronic reporting of TRI forms provides numerous benefits, including making it easier for facilities to report accurate information, expediting form completion due to the pre-population of many form elements, decreasing the cost to EPA of processing forms, and providing TRI information more quickly to the public. The only exception to this electronic reporting requirement is for the few facilities that submit trade secret TRI information, which will continue to submit their trade secret reporting forms and substantiation forms in hard copy.

Under this rulemaking, EPA also requires facilities to submit electronically via the Internet (i.e., not on paper forms or CD-ROMs) any revisions or withdrawals of previously submitted TRI reporting forms. Additionally, EPA will no longer accept submissions, revisions, or withdrawals of TRI reporting forms submitted for reporting years prior to reporting year 1991. For trade secret submissions, EPA will still only accept revisions or withdrawals of previously submitted trade secret information on paper forms, though only for reporting years back to reporting year 1991.  This final rule is effective on January 21, 2014.

EPA Finalizes Fifty-three New SNURs

The Environmental Protection Agency (EPA) is promulgating significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 53 chemical substances which were the subject of premanufacture notices (PMNs). Seven of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action requires persons who intend to manufacture or process any of these 53 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.  This rule is effective on October 7, 2013. For purposes of judicial review, this rule shall be promulgated at 1 p.m. (e.s.t.) on August 21, 2013.

EPA Finalizes Seventeen New SNURs

The Environmental Protection Agency (EPA) is finalizing significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for 17 chemical substances which were the subject of premanufacture notices (PMNs). Fifteen of these chemical substances are subject to TSCA section 5(e) consent orders issued by EPA. This action would require persons who intend to manufacture, or process any of these 17 chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.  This final rule is effective August 26, 2013.

EPA Proposes Addition of Nonylphenols to EPCRA

The Environmental Protection Agency (EPA) is proposing to add a nonylphenol category to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 and section 6607 of the Pollution Prevention Act (PPA) of 1990. EPA is proposing to add this chemical category to the EPCRA section 313 list pursuant to its authority to add chemicals and chemical categories because EPA believes this category meets the EPCRA section 313(d)(2)(C) toxicity criterion. Based on a review of the available production and use information, the members of the nonylphenol category are expected to be manufactured, processed, or otherwise used in quantities that would exceed the EPCRA section 313 reporting thresholds.

EPA's Endocrine Disruptor Screening Program Notice

The EPA announces the final second list of 109 chemicals identified for Tier 1 screening under the Endocrine Disruptor Screening Program (EDSP). The EDSP is established under section 408(p) of the Federal Food, Drug, and Cosmetic Act (FFDCA), which requires EPA to develop a chemical screening program using appropriate validated test systems and other scientifically relevant information to determine whether certain substances may have hormonal effects.

This final list includes pesticides, two PFCs, and three pharmaceuticals (erythromycin, nitroglycerin, and quinoline). The list also consists of an array of other chemicals ranging from those used for industrial manufacturing processes, as plasticizers, or in the production of pharmaceutical, personal care products, and toxic substances. Because this list of chemicals was selected on the basis of exposure potential only, it should neither be construed as a list of known or likely endocrine disruptors nor characterized as such.

UN Agrees to New Chemical Bans and Export Controls

U.N. officials and delegates say more than 120 nations agreed to tighter controls on several chemicals and hazardous waste, including a gradual ban on a flame retardant and some new export requirements for other substances.  An effort to rein in use of construction material Chrysotile asbestos and a powerful herbicide, Paraquat, fell short at a two-week summit of delegates to three main international treaties.  There was agreement, however, to phase-out the commonly used flame retardant hexabromocyclododecane, or HBCD, but exempted some uses in buildings.

The summit approved tighter requirements for disclosing information about exports of insecticide Azinphos-methyl, two flame retardants, PentaBDE and OctaBDE, and a fabric protector, PFOS.

EPA Proposes SNURs for Eight Chemical Substances

The EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for eight chemical substances which were the subject of premanufacture notices (PMNs) P-11-327, P-11-328, P-11-329, P-11-330, P-11-331, P-11-332, P-12-298, and P-12-299. This action would require persons who intend to manufacture, import, or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. The required notification would provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs.  Comments must be received on or before May 20, 2013.

DOT Revises Maximum and Minimum Civil Penalties

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is revising the references in its regulations to the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. As amended in the "Moving Ahead for Progress in the 21st Century Act" (MAP-21), effective October 1, 2012, the maximum civil penalty for a knowing violation is now $75,000, except that the maximum civil penalty is $175,000 for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. In addition, there is no longer a minimum civil penalty amount, except that the minimum civil penalty amount of $450 applies to a violation relating to training.  Effective Date is April 17, 2013.

ChemOne's McGreal Climbs all NH Winter High Peaks

On April 13th at the Appalachian Mountain Club's Annual Meeting, Stephen McGreal, president of ChemOne Compliance, LLC, was presented with a certificate of completion for the forty-eight (48) peaks over 4000 feet in New Hampshire in the winter.

Previously, Mr. McGreal had completed these same peaks during the regular hiking season.  He has also completed the sixty-seven (67) 4000 foot peaks in New England, the New England 100 Highest Peaks, the Adirondack Park's forty-six 4000-footers and the Northeast's 115 4000-foot peaks.

McGreal outside of work is an avid outdoorsman, who spends much of his free time enjoying the wilderness areas of New York, Vermont, New Hampshire and Maine.

OSHA Amends Laboratory Standard

OSHA issued a non-mandatory technical amendment for the Occupational Exposure to Hazardous Chemicals in the Laboratories Standard. The non-mandatory appendix is being updated to include the contents of the latest National Academy of Sciences publication entitled, "Prudent Practices in the Laboratory: Handling and Management of Chemical Hazards," 2011 edition. All revisions being made are minor and non-substantive.  The effective date of this technical amendment to the standard is January 22, 2013.

2013 Regulatory Calendar

Selected dates for the 2013 calendar year of regulatory importance are listed.  This list is periodically updated and should not be viewed as all inclusive.

Important changes for 2013 include

The initial phase-in of US OSHA's new Hazard Communication Standard with the Global Harmonized System of Classification and Labeling of Chemicals (GHS).  The final rule was published in 2012 and training for the new system is required during 2013.

EPA Requires Test Data Reporting for Cadmium

This final rule, issued pursuant to TSCA section 8(d) and its regulations, requires manufacturers (including importers) of cadmium or cadmium compounds, including as part of an article, that have been, or are reasonably likely to be, incorporated into consumer products to report certain unpublished health and safety studies to EPA. Listed in this unit are the reporting requirements for the chemical substances being added by this action to the TSCA section 8(d) model rule.  The TSCA section 4(e) Priority Testing List is also being amended.  This final rule is effective January 2, 2013.