ChemOne Compliance News

2012 Regulatory Calendar

2012-01-31T20:39:00-00:00

Selected dates for the 2012 calendar year of regulatory importance are listed. This list is periodically updated and should not be viewed as all inclusive.

Important changes for 2012 include

Chemical Data Reporting under the EPA's Toxic Substances Control Act (TSCA),
Submissions under TSCA must use the Central Data Exchange (ePMN electronic submissions) starting in April, and
The finalization and alignment of US OSHA's new Hazard Communication Standard with the Global Harmonized System of Classification and Labeling of Chemicals (GHS). The date for the final rule should occur in the first half of 2012.

January 31: () TSCA Polymer Exemption reports are due to the U.S. Environmental Protection Agency. If your company has taken the polymer exemption during the 2009 calendar year, you must submit a letter to the EPA designating that the exemption was taken.

February 1: () OSHA's Injury and Illness annual summary is required to be posted and must remain posted until April 30. It must be certified to be correct and complete by a company executive (based on the OSHA 300 Log).

February 1: () Submission period for the EPA TSCA Chemical Data Reporting begins. This was formerly known as Inventory Update Reporting. The reporting continues through June 30th.

March 1: () Emergency and Hazardous Chemical Inventory Forms under SARA Title III, Section 312 are due (Tier II Report).

April 6: () EPA TSCA eReporting using the ePMN software is required from this date forward. Submissions on CD will no longer be accepted (paper submissions ended a year earlier).

June 30: () Submission period for the EPA TSCA Chemical Data Reporting ends.

July 1: () Toxics Release Inventory (TRI) under the EPA's SARA Title III, Section 313 is due.

July 15: () Ethanol useage reports per the permitting process under the US Bureau of Alcohol, Tobacco and Firearms (now the Alcohol and Tobacco Tax and Trade Bureau) must be submitted.

Watch for the Following Regulatory Changes

OSHA GHS Adoption: The US Occupational Safety and Health Administration (OSHA) submitted the revised HazCom Standard to the Office of Management and Budget (OMB). A final rule is expected in the first half of 2012. It is likely there will be a 2-3 year phase-in period...likely to align with NAFTA partners, as well as aligning the timing with Europe's 2015 phase-in.

Future Dates to Keep in Mind

June 1, 2013: () Registration deadline of substances imported into the EU or manufactured there is due under REACh, if those substances are 100 metric tons or more per year.

June 1, 2015: () Classification of mixtures manufactured in or transported to Europe must be classified according to the Global Harmonized System (GHS).

June 1, 2018: () Registration deadline of substances imported into the EU or manufactured there is due under REACh, if those substances are 1 metric ton or more per year.

IMPORTANT: The information provided here is to be used as a guide ONLY. Please be sure to consult with current regulations, as provisions in laws do sometimes change. This page highlights some important dates for compliance...it is NOT intended to be exhaustive.

TSCA Inventory Update Rule Becomes Chemical Data Reporting Rule

2011-10-05T22:03:00-00:00

On August 16th, EPA amended the Toxic Substances Control Act (TSCA) section 8(a) Inventory Update Reporting (IUR) rule and changing its name to the Chemical Data Reporting (CDR) rule. The CDR enables EPA to collect and publish information on the manufacturing, processing, and use of commercial chemical substances and mixtures on the TSCA Chemical Substance Inventory (TSCA Inventory). This includes current information on chemical substance production volumes, manufacturing sites, and how the chemical substances are used. Manufacturers and importers of commercial chemical substances may be required to report, depending on site volumes. For 2012, the submission period will be from February 1 through June 30, 2012. This final rule is effective September 15, 2011.

Some of the specific changes that are being made include the following:

Electronic reporting through the EPA's Central Data Exchange (CDX) will be required;
Reporting frequency will be reduced from every 5 years to every 4 years;
Reporting will be required if a 25,000 pound threshold is met or exceeded during any of the reporting years...for 2012 this will be only 2011...for 2016 this will include years 2012, 2013, 2014 and 2015;
Use and processing information will be required at 100,000 lb for the 2012 reporting year...thereafter it will be 25,000 lb;
Chemicals subject to particular rules under the EPA (e.g. 5(e)) will have a threshold of 2500 lb...reduced from 25,000 lb...effective from 2016 onward; and
Polymers, water and some other chemical substances will be exempt or partially exempt.

More information can be found at 40 CFR Part 711 and a more detailed treatment of the Chemical Data Reporting Rule is available on this site.

NTP RoC Adds Styrene to Carcinogen List; Upgrades Formaldehyde

2011-10-05T21:58:00-00:00

The 12th Edition of the Report on Carcinogens (RoC) was released on June 10th. There are six new listings and two revised listings. Of the six newly listed substances, Aristolochic Acids are listed as known to be human carcinogens, and Captafol, Cobalt Tungsten Carbide: Powders and Hard Metals, o-Nitrotoluene, Riddelliine and Styrene are listed as reasonably anticipated to be human carcinogens. Formaldehyde, which was first listed in the Second Annual Report on Carcinogens in 1981 as reasonably anticipated to be a human carcinogen, is now listed as known to be a human carcinogen. Certain Glass Wool Fibers (Inhalable) was first listed as Glass Wool (Respirable Size) in the Seventh Annual Report on Carcinogens (1994) as reasonably anticipated to be a human carcinogen; although the classification remains the same, the review of Glass Wool Fibers has resulted in a change in the scope of the listing.

The report is a Congressionally mandated document that identifies and discusses agents, substances, mixtures, or exposure circumstances (collectively referred to as substances) that may pose a hazard to human health by virtue of their carcinogenicity. Substances are listed in the report as either known or reasonably anticipated to be human carcinogens. The National Toxicology Program (NTP) prepares the RoC on behalf of the Secretary of Health and Human Services (HHS).

DEA issues Final Rule for Phosphorus and Hypophosphorous Acid Mixtures

2011-10-05T21:56:00-00:00

On June 2nd, the Drug Enforcement Administration (DEA) issued a final rule regarding chemical mixtures containing red phosphorus or hypophosphorous acid and its salts (List I substances). The rule specifies composition limits for mixtures which will automatically be exempt from Controlled Substances Act. 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. DEA is not implementing automatic exemption for any concentration of chemical mixtures containing white phosphorus (also known as yellow phosphorus).

Note that the DEA does not consider a chemical mixture to mean the combination of a listed chemical and an inert carrier. Therefore, materials diluted in water, solvent or gas for the sole purpose of delivery do not qualify as mixtures.

Any person who manufactures, distributes, imports, or exports a List I chemical, or proposes to engage in the manufacture, distribution, importation, or exportation of a List I chemical, must obtain a registration pursuant to the CSA (21 U.S.C. 823, 957). Regulations describing registration for List I chemical handlers are set forth in 21 CFR part 1309. Registrations are function and site-specific.

This rulemaking becomes effective July 5, 2011. Persons seeking registration must apply on or before July 5, 2011 to continue their business pending final action by DEA on their application.

TSCA Inventory Update Rule Submission Period Suspended

2011-10-05T21:53:00-00:00

EPA is amending the Toxic Substances Control Act (TSCA) section 8(a) Inventory Update Reporting (IUR) regulations by suspending the next IUR submission period. The IUR requires manufacturers (including importers) of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report current data on the manufacturing, processing, and use of the chemical substances. In the Federal Register of August 13, 2010, EPA published proposed modifications to the IUR regulations. EPA is suspending the next submission period to allow additional time to finalize the proposed modifications to the IUR regulations, and to avoid finalizing changes to the reporting requirements in the midst of the 2011 submission period. EPA expects to finalize, in the near future, changes to the IUR reporting requirements which will supersede this action.

Korean Ministry of the Environment Propose REACh-like Amendments

2011-10-05T21:52:00-00:00

In January the Korean Ministry of the Environment drafted the "Act on the Registration and Evaluation of Chemicals". The Act will amend the current Toxic Chemicals Control Act (TCCA) and is intended to introduce a regulatory structure similar to the European Union's REACh legislation. The overall goals of this Act are to secure more than 80% of the relavent hazard information on chemicals and reduce the use of toxic (carcinogenic) materials by 32% by 2020. Some new requirements would be introduced through the Act. These include the prioritization of chemicals (based on hazards), authorization of chemicals, restriction/prohibition of chemicals, introduction of an Only Representative, annual notification of existing chemicals, pre-registration of priority chemicals (0.5 ton threshold), joint submissions and data sharing. While it is unclear when the Act will be approved, it is anticipated to enter into force 2 years after its publication.

EPA Issues Testing Rule for 19 HPV Chemicals

2011-10-05T21:48:00-00:00

On January 7th, the EPA under the Toxic Substances Control Act (TSCA) issued a final ruling requiring manufacturers, importers, and processors of certain high production volume (HPV) chemical substances to conduct testing to obtain screening level data for health and environmental effects and chemical fate. The EPA initiated this effort to make certain basic information about the environmental fate and potential health and environmental hazards associated with the most widespread chemical substances in commerce available to the public. This final rule is effective February 7, 2011.

The substances of concern in this ruling are

Acetaldehyde [CAS # 75-07-0]
1,3-Propanediol, 2,2-bis[(nitrooxy)methyl]-, dinitrate (ester) [CAS # 78-11-5]
9,10-Anthracenedione [CAS # 84-65-1]
1H,3H-Benzo[1,2-c:4,5-c']difuran-1,3,5,7-tetrone [CAS # 89-32-7]
2,4-Hexadienoic acid, (E,E)-. [CAS # 110-44-1]
Phenol, 4,4'-methylenebis[2,6-bis(1,1-dimethylethyl)- [CAS # 118-82-1]
Methanone, diphenyl- [CAS # 119-61-9]
Ethanedioic acid [CAS # 144-62-7]
Methanesulfinic acid, hydroxy-, monosodium salt [CAS # 149-44-0]
Phosphorochloridothioic acid, O,O-diethyl ester [CAS # 2524-04-1]
1,3,5-Triazine-1,3,5(2H,4H,6H)-triethanol [CAS # 4719-04-4]
D-erythro-hex-2-enonic acid, gamma.-lactone, monosodium salt [CAS # 6381-77-7]
D-gluco-heptonic acid, monosodium salt, (2.xi.)- [CAS # 31138-65-5]
C.I. Leuco Sulphur Black 1 [CAS # 66241-11-0]
Castor oil, sulfated, sodium salt [CAS # 68187-76-8]
Castor oil, oxidized [CAS # 68187-84-8]
Benzenediamine, ar,ar-diethyl-ar-methyl- [CAS # 68479-98-1]
Alkenes, C12 24, chloro [CAS # 68527-02-6]
Hydrocarbons, C > 4 [CAS # 68647-60-9]

EPA Adds 16 Chemicals to EPCRA

2010-12-14T02:27:00-00:00

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).

Section 313 of EPCRA requires certain facilities that manufacture, process, or otherwise use listed toxic chemicals in amounts above reporting threshold levels to report their environmental releases and other waste management quantities of such chemicals annually.

The 16 newly added chemicals (with CAS Numbers) are

00075-02-5 Vinyl Fluoride

00075-52-5 Nitromethane

00077-09-8 Phenolphthalein

00078-79-5 Isoprene

00081-49-2 1-Amino-2,4-dibromoanthraquinone.

00091-23-6 o-Nitroanisole

00093-15-2 Methyleugenol

00110-00-9 Furan

00116-14-3 Tetrafluoroethylene

00509-14-8 Tetranitromethane

00556-52-5 Glycidol

03296-90-0 2,2-bis(Bromomethyl)-1,3-propanediol

Polycyclic aromatic compounds (PACs): (Includes only those chemicals listed below)

42397-64-8 1,6-Dinitropyrene

42397-65-9 1,8-Dinitropyrene

07496-02-8 6-Nitrochrysene

57835-92-4 4-Nitropyrene

These PACs have been listed with lower thresholds as they are chemicals of special concern The threshold is 100-lb. The thresholds are normally 25,000-lb for those materials which are manufactured or processed and 10,000-lb for chemicals otherwise used.

EPA Issues SNUR for Carbon Nanotubes

2010-09-30T03:08:00-00:00

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.

Taiwan's New Chemical Inventory

2010-09-30T03:05:00-00:00

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.