EPA Changes CBI Allowances for TSCA 8(e) Notices

Friday 22 January 2010 at 04:39 am

US FlagOn January 21, 2010 the Environmental Protection Agency (EPA) issued a notice through the Federal Register regarding CBI (Confidential Business Information) claims for information submitted under Section 8(e) of the Toxic Substances Control Act (TSCA).   It is the EPA's intention going forward to reject certain confidentiality claims, specifically the chemical identity, where the substance is already non-confidentially listed on the TSCA inventory.  Section 8(e) submissions relate to new data and studies, which show substantial risk of existing materials to people's health and the environment.  In the past the information had been posted with the identity masked, if CBI was claimed; this will no longer be the case.  The intention of this change in policy is to make chemical information more transparent and readily available to the public.

UPDATE:  On  May 27, 2010, the EPA outlined plans to generally deny Confidential Business Information (CBI) claims for the identity of chemicals in health and safety studies filed under the Toxic Substances Control Act (TSCA), unless the chemical identity explicitly contains process information or discloses mixture information that is expressly protected under TSCA.  The EPA expects to begin reviews of confidentiality claims — both newly submitted and existing claims — in accordance with this guidance on August 25, 2010.

Final Rule Issued for TSCA eReporting

Wednesday 06 January 2010 at 2:21 pm US FlagOn January 6, 2010, the EPA issued a final rule to amend the Toxic Substances Control Act (TSCA) section 5 reporting regulations. The amendments establish electronic reporting requirements for TSCA section 5 submissions.  The final rule is effective as of April 6, 2010 and will establish requirements for using EPA's Central Data Exchange (CDX) to electronically submit premanufacture notices (PMNs) and other TSCA section 5 notices. EPA is also amending TSCA section 5 user fee regulations by adding a new User Fee Payment Identity Number field to the PMN form, to enable the Agency to match more easily a particular user fee with its notice submission.  Lastly, EPA is amending the PMN form by removing the Agent signature block field and thus the requirement for designated agents to sign the form.

New Year...New and Continued Regulatory Challenges

Monday 04 January 2010 at 8:53 pm Happy New Year Icon2010 will be a year filled with regulatory challenges in chemical compliance both in the US and elsewhere.  Most notibly, re-registration work will accelerate and will be required for the EU under its new REACh chemical notificaiton system.  Additionally, there are anticipated changes to TSCA in the US and with the implementation of the GHS hazard communication requirements globally.

EPA to Establish Chemicals of Concern List

Monday 04 January 2010 at 7:16 pm US Flag The EPA announced on December 30th, that it intends to establish a list of chemicals of concern.  This is just one action being taken to strengthen and reform chemical management in the US.  The initial set of chemicals includes phthalates, short-chain chlorinated paraffins, polybrominated diphenyl ethers (PBDEs) and perfluorinated chemicals, including PFOA.  Steps will be taken under the authority of Secion 6 of TSCA.  This is the first time EPA has used TSCA’s authority to list chemicals that “may present an unreasonable risk of injury to health and the environment.”  More information on EPA’s legislative reform principles and a fact sheet on the complete set of actions on the four chemicals:  http://www.epa.gov/oppt/existingchemicals/index.html.

2010 Regulatory Calendar

Monday 04 January 2010 at 7:03 pm Calendar IconSelected dates for the 2010 calendar year of regulatory importance are listed.  This list is periodically updated and should not be viewed as all inclusive.

EPA Reporting of Greenhouse Gases

Friday 18 December 2009 at 8:04 pm US FlagEPA LogoThe rule requires reporting of greenhouse gas (GHG) emissions from large sources and suppliers in the United States, and is intended to collect accurate and timely emissions data to inform future policy decisions. Under the rule, suppliers of fossil fuels or industrial greenhouse gases, manufacturers of vehicles and engines, and facilities that emit 25,000 metric tons or more per year of GHG emissions are required to submit annual reports to EPA. The gases covered by the proposed rule are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFC), perfluorocarbons (PFC), sulfur hexafluoride (SF6), and other fluorinated gases including nitrogen trifluoride (NF3) and hydrofluorinated ethers (HFE). Affected manufacturering facilities must begin monitoring on January 1, 2010. By March 31, 2011, these companies must submit the first annual report to the EPA.  See the EPA site for more details.