EPA Stops the Importation of Short-Chain Chlorinated Paraffins

The U.S. Environmental Protection Agency (EPA) announced a settlement with INEOS Chlor Americas, Inc., based in Wilmington, Del., to resolve violations of the Toxic Substances Control Act (TSCA). INEOS allegedly imported various chain-length chlorinated paraffins into the United States without providing the required notice to EPA. Under this settlement INEOS has ended the importation of short-chained chlorinated paraffins into the United States.

EPA Webinars - Free

See the information below for EPA's webinar schedule and past webinars.

Upcoming Webinars

Webinars listed on the following link are hosted or sponsored by EPA on topics relating to environmental protection, regulations, and sustainability. All webinars are free and open to everyone.

EPA UPCOMING WEBINAR LINK

EPA Administrator Comments on TSCA Reform

EPA Administrator Lisa P. Jackson comments on the current TSCA reform effort for a Huffington Post article.

In 1976, Congress passed the Toxic Substances Control Act -- or TSCA -- to protect our health from the increasing number of chemicals in our products and our environment. In the four decades since its passage, many laws have changed to better protect our safety, yet TSCA has not.

$362,113 in Fines for Failure to Report Chemical Data

WASHINGTON – The U.S. Environmental Protection Agency (EPA) has issued complaints seeking civil penalties against three companies for alleged violations of the reporting and recordkeeping requirements under the Toxic Substances Control Act (TSCA). The alleged violations involved the companies’ failure to comply with EPA’s TSCA section 8 Inventory Update Reporting (IUR) regulations, which require companies to submit accurate data about the production and use of chemical substances manufactured or imported during a calendar year. Under TSCA, penalties can be assessed up to $37,500 per day, per violation.

The three most recent cases are against Chemtura Corporation, Bethlehem Apparatus Company, and Haldor Topsoe, Inc., and resulted in penalties totaling $362,113.

Safe Chemicals Act Passes Committee

For the first time in thirty-six years, a Congressional committee voted to update the outdated chemical safety laws. Below is information on the hearing and a summary.

For more details on the Full and Subcommittee on Superfund, Toxics and Environmental Health joint hearing including majority and minority statements see the following information and links.

"Oversight of EPA Authorities and Actions to Control Exposures to Toxic Chemicals." Tuesday, July 24, 2012

Webcast of the proceeding

This is a major milestone to update a regulation which has not received a major overhaul since its inception. The goal is to "modernize" TSCA to increase the regulation's ability to protect people and the environment.

Perfluorochemicals (PFCs) in Carpets to be Banned by EPA?

EPA is launching a new rulemaking to restrict the use of so-called long-chain perfluorochemicals (PFCs) in carpets, recognizing growing concerns over the chemicals' toxicity and their widespread presence in the environment by preventing industry from re-introducing the voluntarily phased-out substances, sources say.

EPA, in an April Action Initiation List (AIL) released June 22, says it plans to issue a notice of proposed rulemaking within the next 12 months to announce an upcoming significant new use rule (SNUR) for perfluoroalkyl sulfonates (PFAS) and long-chain perfluoroalkyl carboxylates (PFAC) for use in carpets. The SNUR, to be issued under Toxic Substances Control Act section 5(a)(2), would “require persons to notify EPA at least 90 days before commencing the manufacture, import, or processing of [PFAS] and long-chain [PFAC] for use as part of carpets.

Lautenberg Leads TSCA Reform

Monday, July 09, 2012

WASHINGTON, DC—U.S. Senator Frank R. Lautenberg (D-NJ) and 25 of his Senate colleagues sent a letter today calling on the Environmental Protection Agency (EPA) to finalize its proposed actions regarding a class of toxic flame retardant chemicals. The letter also acknowledges that the EPA has limited authority to fully protect the public from these toxic chemicals under the current Toxic Substances Control Act (TSCA) and calls for reforms to the law to adequately protect American families from dangerous chemicals.

New PMNs and NOCs

US EPA publishes list of new substances covered by TSCA Section 5

July 9, 2012

As required by Section 5 of the Toxic Substances Control Act (TSCA), the US Environmental Protection Agency (EPA) has published the list of 34 premanufacturing notices (PMN), and 22 notices of commencement to manufacture (NOCs) received between 1 May and 25 May 2012. Of the PMNs, 19 have their manufacturer or importer protected as confidential business information. Comments on these notices are due to EPA by 6 August 2012.

SNUR Withdraw - Vegetable Oil

On June 22, 2012 EPA withdrew a significant new use rule (SNUR) for the chemical substances identified generically as Vegetable oil, modified products; Vegetable oil, modified products, esters; Olefins; and Fatty acid methyl esters. These chemical substances were the subject of the premanufacture notices (PMNs) P–10–548, P–10–550, P–10–551, P–10–552, P–10–553, P–10–554, and P–10–555.

From EPA

CDR Extended by EPA - 6 Weeks

EPA is extending the CDR reporting period by six weeks to August 13, 2012, from the original due date of June 30, 2012. See the pre-publication copy of the FRN for details.

EPA now refers to the Inventory Update Reporting (IUR) rule as the Chemical Data Reporting (CDR) Rule. This change was effective with the publication of the Inventory Update Reporting Modifications; Chemical Data Reporting Final Rule in August 2011.

Free CDR Electronic Reporting Webinar

EPA presented a webinar on the use of the CDR electronic reporting tool on May 8, 2012. The webinar was a reminder on how to access the eCDRweb application and a walk-through of the application tool itself. Time was allotted for questions related to the reporting tool. Questions related to specific reporting requirements were not covered during the webinar.

The slides are available HERE.

The audio is available HERE.

Free EPA Webinar CDX Registration

On April 24, 2012, EPA conducted a Webinar demonstrating CDX registration and the 8(e) electronic reporting tool. The webinar provided a quick demonstration of the CDX registration process and 8(e) reporting tool. Click HERE to download the slides and click HERE to download the audio file from the Webinar.

The Central Data Exchange (CDX) enables fast, efficient and more accurate environmental data submissions from state and local governments, industry and tribes to the Environmental Protection Agency (EPA) and participating program offices.

TSCA Work Plan Chemicals Identified

As part of EPA’s continuing comprehensive approach to enhance the Agency’s existing chemicals management program, in March 2012, EPA identified a work plan of 83 chemicals for further assessment under the Toxic Substances Control Act (TSCA). EPA identified seven of these chemicals for risk assessment in 2012. EPA intends to use the TSCA Work Plan Chemicals to help focus and direct the activities of the Existing Chemicals Program over the next several years.

Detailed below:

• How Were the TSCA Workplan Chemicals Selected?
• What Chemicals Will EPA Assess First?
• Will EPA Consider Chemicals not on the Work Plan?

PCB Building Waste - Planned Reinterpretation

EPA is proposing a reinterpretation of its position regarding Polychlorinated Biphenyl (PCB) contaminated building materials. The reinterpretation is specifically addressing the definitions of bulk product waste (e.g., PCB contaminated caulk or paint) and remediation waste (e.g., PCB contaminated masonry or concrete). This distinction is important as it determines the appropriate cleanup requirements and disposal options. The reinterpretation being proposed in this notice would allow building material (i.e., substrate) “coated or serviced” with PCB bulk product waste (e.g., caulk, paint, mastics, sealants) at the time of disposal to be managed as a PCB bulk product waste, even if the PCBs have migrated from the overlying bulk product waste into the substrate. The below diagram highlights these proposed changes to the definitions.

OSHA’s GHS Adoption Clears OMB

According to the Office of Management and Budget (OMB) website, OMB concluded its review of the revised Hazard Communication Standard (HCS) on February 21, 2012 with a ruling that OSHA’s rule was “consistent with change.” (To see the complete rule click HERE.) "Consistent with change" means that OMB agrees with the intent of the rule, but wants to see a “substantive” change before it is published. Once the change is made, it may be published in the Federal Register. OMB approval was the last major hurdle before OSHA could publish the final rule on GHS in the Federal Register. OSHA is expected to move quickly to address the change(s).

Tris Carbamoyl Triazine Significant New Use

EPA is finalizing an amendment to the significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substance identified generically as tris carbamoyl triazine, which was the subject to premanufacture notice (PMN) P-95- 1098. This action requires persons who intend to manufacture, import, or process the chemical substance 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 new uses of the chemical substance may be hazardous to human health. 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.

$1.4 Million Violation - Dover Chemicals

doverchem.com

Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Dover Chemical Corporation has agreed to pay $1.4 million in civil penalties for the unauthorized manufacture of chemical substances at facilities in Dover, Ohio and Hammond, Ind. The settlement resolves violations of the Toxic Substances Control Act (TSCA) premanufacture notice obligations for its production of various chlorinated paraffins.

Required TSCA CDR Rule Starts

Important: Wednesday February 1st starts TSCA's Chemical Data Reporting Rule (CDR). The Form U submission deadline is June 30th 2012.
Inventory Update Reporting (IUR) Rule Changed to the Chemical Data Reporting (CDR) Rule.

Do you need help with the CDR reporting process? Do you have to report under the CDR? Are you confused about the CDR process? 

Contact me (ccalvert@fando.com) for help!

If you manufactured, imported, generated as a byproduct, or produced a chemical substance for commercial purposes in quantities greater than 25,000 lbs during the calendar year of 2011 you may be required to report under the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) Rule. The CDR replaces the Inventory Update Reporting (IUR) Rule that was used for prior reporting years. (details below)

SNURs for 17 Chemicals & Carbon Nanotubes

EPA is proposing significant new use rules (SNURs) under section 5(a)(2) of TSCA for rutile, tin zinc, calcium-doped and rutile, tin zinc, sodium-doped, and carbon nanotubes (CNTs). The proposed SNURs would designate as a significant new use the absence of the protective measures required in EPA issued consent orders.

Substances Subject to Proposed Rule EPA is proposing to establish significant new use and recordkeeping requirements for 17 chemical substances in 40 CFR part 721, subpart E.

Lautenberg TSCA Reform Interview

Despite two hearings, several private stakeholders meetings and plenty of bluster, the effort to reform how chemicals are regulated remains largely where it was a year ago as Congress prepares to conclude its work for 2011. To be sure, Sen. Frank Lautenberg (D-N.J.) and his staff have worked tirelessly to attract industry and Republican support for his "Safe Chemicals Act" (S. 847), which would reform the 1976 Toxic Substances Control Act (TSCA). But after a fiery recent hearing, industry appears hesitant to lend its support and it looks as if Lautenberg won't meet his goal of holding a markup on the bill before the end of the year.