Tuesday 14 December 2010 at 02:27 am
On November 26, 2010, the EPA published a final ruling adding 16 chemicals to the list of toxic chemicals subject to reporting under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). These 16 chemicals have been classified by the National Toxicology Program as "reasonably anticipated to be a human carcinogen." The EPA has determined that these 16 chemicals meet the EPCRA section 313 criteria because they can reasonably be anticipated to cause cancer in humans. This final rule is effective November 30, 2010 and applys to the reporting year beginning January 1, 2011 (reports due July 1, 2012).
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Monday 27 September 2010 at 12:00 am
On September 17, 2010 the EPA issued significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for two chemical substances identified generically as multi-walled carbon nanotubes and single-walled carbon nanotubes. This action requires persons who intend to manufacture, import, or process either of these two chemical substances for a use that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. EPA believes that this action is necessary because these chemical substances may be hazardous to human health and the environment. The required notification will provide the 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 October 18, 2010.
Monday 06 September 2010 at 12:00 am
In 2009 Taiwan's Council of Labor Affairs (CLA) declared their intent to establish a national chemical inventory. The new law will strengthen Taiwan's EPA and their Toxic Chemical Control Act, which was originally promulgated in November 1986. The strategy of establishing a chemical inventory is meant to stengthen their management of new and existing chemicals through risk assessment. As a result, actions may be taken on chemicals based on the assessment of the hazards, exposure scenarios and risks of chemical substances.
Taiwan's CLA and the Register Office are accepting nominations for existing chemicals, which have been in commerse between January 1, 1993 and December 31, 2010. The deadline for existing chemical substance nomination (ECN) is by December 31st 2010. Foreigner companies are also eligible to nominate their chemicals, if the chemical substances are imported to Taiwan or manufactured, handled, used or sold there. Once completed, the inventory will serve as the basis for future notification requirements. This is expected by the end of the first half of 2011.
Companies, which are doing business in Taiwan, should act as soon as possible, so there is no interuption in their business.
Friday 03 September 2010 at 03:01 am
On August 13, 2010, the EPA propsed modifications to the TSCA Inventory Update Reporting (IUR) rule. The information from this reporting allows the EPA to collect and then make public critical information on the manufacturing, processing and use of commercial chemicals, including current information on volumes of chemical production, manufacturing facility data and how the chemicals are used. The EPA proposes to amend the TSCA IUR rule, providing improved information for EPA to better identify and, where appropriate, take steps to manage risks associated with chemical substances and mixtures (referred to hereafter as chemical substances). The EPA is proposing to require electronic reporting of IUR information and to modify IUR reporting requirements, including certain circumstances that trigger reporting, the specific data to be reported, the reporting standard for processing and use information, and Confidential Business Information (CBI) reporting procedures. The comment period is open until October 12, 2010.
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Wednesday 01 September 2010 at 12:00 am
On August 24, 2010, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a proposed rule to amend the Hazardous Materials Regulations in order to better establish alignment with international standards. This will be achieved by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. In particular these revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes made to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air and the United Nations Recommendations on the Transport of Dangerous Goods--Model Regulations. Harmonization serves to facilitate international commerce; at the same time, harmonization promotes the safety of people, property, and the environment by reducing the potential for confusion and misunderstanding that could result if shippers and transporters were required to comply with two or more conflicting sets of regulatory requirements.
A comment period is now open; comments must be received by October 25, 2010. The proposed rule can be reviewed in the Federal Register. If adopted as a final rule, compliance with some of the provisions will be required by January 1, 2012.
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Monday 19 July 2010 at 3:25 pm
Gamma-Butyrolactone (DEA Code Number 2011) - On June 29th, the Drug Enforcement Administration (DEA) issued a final rule regarding mixtures containing gamma-butyrolactone (GBL). This regulation makes GBL chemical mixtures, in concentrations greater than 70 percent, subject to List I chemical regulatory requirements of the CSA, except if exempted through an existing categorical exemption. DEA is taking this action because there is a serious threat to the public safety associated with the ease by which GBL is chemically converted to the schedule I controlled substance gamma-hydroxybutyric acid (GHB). The DEA regulations provide for an application process by which manufacturers may obtain exemptions for those GBL chemical mixtures that are not automatically exempt under the concentration criteria. This rulemaking becomes effective July 29, 2010. Entities seeking registration must apply on or before July 29, 2010 to continue their business pending final action by DEA on their application.
Phosphorus / Hypophosphorous acid and its salts (DEA Code Numbers 6795/6796/6797) - On June 26th the DEA issued a proposed rule, which would establish exemption thresholds for chemical mixtures containing red phosphorus, white phosphorus (also known as yellow phosphorus) or hypophosphorous acid and its salts. The DEA is proposing that chemical mixtures containing red phosphorus in a concentration of 80 percent or less and mixtures containing hypophosphorous acid and its salts (hypophosphite salts) in a concentration of 30 percent and less, shall qualify for automatic exemption. The DEA is not proposing automatic exemption for chemical mixtures containing white phosphorus. Unless otherwise exempted, all material containing white phosphorus shall become subject to regulatory controls regardless of concentration. The agency is accepting written comments up until August 24, 2010.
Wednesday 19 May 2010 at 12:00 am
On April 15, 2010 U.S. Senator Frank R. Lautenberg (D-NJ) announced legislation to overhaul the "Toxic Substances Control Act of 1976" (TSCA). The proposed legislation is intended to provide the Environmental Protection Agency (EPA) with sufficient information to gauge the safety of chemicals. Rather than the current system, which places the burden of judging a chemical's risk solely on the EPA (using risk assessments based on models and analogous substances in the absence of data), manufacturers would be required to prepare a minimum data set. The EPA would request additional information on a case-by-case basis. The burden of proof would rest with the manufacturers. The EPA would also prioritize chemicals based on risk and act accordingly on those materials posing the greatest harm to the public and environment. The act would give the EPA the ability to act faster on those substances that the agency already knows are dangerous. The act will also promote the development of "greener" chemistries with an expedited review process for those materials which meet this criteria. Finally, the act would create greater transparency by creating open access to the chemical information collected.
The full bill can be read here.
Tuesday 23 March 2010 at 1:05 pm
Based on an initial list of "chemicals of concern" that the EPA proposed in September of 2009, the EPA have posted the first four action plans on phthalates, long-chain perfluorinated chemicals (PFCs), polybrominated diphenyl ethers (PBDEs) in products and short-chain chlorinated paraffins. The action plans outline the concerns that each chemical may present and identify specific steps the Agency intends to take to address these concerns, including, for the first time, utilizing TSCA Sec. 5(b)(4) authority to list chemicals that pose a concern, Section 6 actions to limit chemicals, Section 4 test rules and Design for the Environment efforts.
EPA is finalizing the two remaining action plans from the initial list - BPA and benzidine dyes. Utilizing the criteria outlined above, EPA is today making public the following list of chemicals for upcoming action plan development. EPA anticipates making the next set of action plans available in late Spring. These will include NP/NPE (nonylphenol/nonylphenol ethoxylate), HBCD (hexabromocyclododecane), Siloxanes and Diisocyanates. It is anticipated that the EPA will release new action plans every four months.
Tuesday 23 March 2010 at 12:48 pm
On March 9, 2010 the Department of Transportation's (DOT) Pipeline and Hazardous Materials Safety Administratio (PHMSA), in consultation with the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS), is modifying current security plan requirements applicable to the commercial transportation of hazardous materials by air, rail, vessel, and highway. Based on an evaluation of the security threats associated with specific types and quantities of hazardous materials, the final rule narrows the list of materials subject to security plan requirements and reduces associated regulatory costs and paperwork burden. The final rule also clarifies certain requirements related to security planning, training, and documentation. This final rule is effective October 1, 2010. Voluntary compliance with all the amendments in this final rule is authorized as of April 8, 2010.
Thursday 04 February 2010 at 12:45 am
In 2009 the Chinese Ministry of Environmental Protection (MEP) proposed changes to the notification of new chemical substances. The new regulation has been dubed China REACh, since it introduces a tiered system of testing and notification akin to the European REACh system. The legislative amendments are intended to only affect new chemicals after the adoption date...not chemicals already listed on the Inventory of the Existing Chemical Substances in China (IECSC). The law is expected to come into force in October 2010.
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Monday 01 February 2010 at 6:28 pm
On January 27, 2010 the US Environmental Protection Agency (EPA) issued a final rule amending the Polymer Exemption rule to exclude certain perfluoroalkyl moieties consisting of CF3- or longer chain lengths. The rule will become effective on February 26, 2010 and will affect polymers that contain any one or more of the following:
- Perfluoroalkyl sulfonates (PFAS),
- perfluoroalkyl carboxylates (PFAC),
- fluorotelomers, or
- perfluoroalkyl moieties that are covalently bound to either a carbon or sulfur atom where the carbon or sulfur atom is an integral part of the polymer molecule (affected polymers).
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Friday 22 January 2010 at 04:39 am
On 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.
Wednesday 06 January 2010 at 2:21 pm
On 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.
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Monday 04 January 2010 at 8:53 pm
2010 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.
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Monday 04 January 2010 at 7:16 pm
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.
Monday 04 January 2010 at 7:03 pm
Selected dates for the 2010 calendar year of regulatory importance are listed. This list is periodically updated and should not be viewed as all inclusive.
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