U.S. EPA Proposes to More Than Double Toxic Substances and Control Act Fees

On November 16, 2022, the U.S. Environmental Protection Agency (EPA) proposed to raise its current Toxic Substances and Control Act (TSCA) fees, some of which would be more than doubled. This supplemental notice of proposed rulemaking modifies EPA’s proposal from January 11, 2021, which then aimed to increase the TSCA fees largely for inflation adjustment. TSCA allows EPA to collect fees from manufacturers, including importers, for the agency’s activities under TSCA Sections 4, 5, 6, and 14. Under the TSCA, EPA is required to adjust the fees “as necessary” every three years. In 2018, EPA promulgated a fee rule in 40 CFR part 700, subpart C, and set the current fees pursuant to that rule.

(more…)

,

EPA Issues Toxic Substances Control Act Significant New Use Rules for Certain Chemical Substances Used in Chemical Manufacturing and Petroleum Refining

On Thursday, September 29, the U.S. Environmental Protection Agency (EPA) issued Significant New Use Rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that are the subject of premanufacture notices and associated TSCA orders prohibiting manufacturers from undertaking significant new uses. (more…)

,

U.S. EPA Identifies Five PFAS Added to Toxic Release Inventory List, Four of Them Newly Required for Reporting by July 1, 2023

On July 18, 2022, the U.S. Environmental Protection Agency (EPA) issued a final rule updating the Toxics Release Inventory (TRI) to identify five per- and polyfluoroalkyl substances (PFAS) added to the TRI pursuant to the framework set by the National Defense Authorization Act for Fiscal Year 2020 (NDAA). (more…)

, ,

EPA Notifies Plastics Container Industry of Potential Presence of PFAS and TSCA Compliance Requirements

On March 16, 2022, the U.S. Environmental Protection Agency (EPA) notified the fluorinated high-density polyethylene (HDPE) industry in a letter that per- and polyfluoroalkyl substances (PFAS) could be formed in HDPE containers or similar plastics as a byproduct, which may trigger notification requirements under the Toxic Substances Control Act (TSCA) and be a violation of TSCA as contamination. (more…)

, , ,

EPA Adds Four New PFAS to Toxic Release Inventory, Continues Addressing Strategic Roadmap Goals

As part of its continued focus on per- and polyfluoroalkyl substances (PFAS) regulations, the U.S. Environmental Protection Agency (EPA) has added four PFAS substances to the Toxics Release Inventory (TRI) list, including PFBS (perfluorobutane sulfonic acid) and potassium perfluorobutane sulfonate as well as two compounds listed at by their chemical identifier numbers — CASRN 65104-45-2 and CASRN 203743-03-7. (more…)

, , , , , , ,

U.S. EPA Announces Further Regulation of Manufactured Goods Under Toxic Substances Control Act

In an announcement that portends substantial regulatory changes, the head of the U.S. Environmental Protection Agency (EPA) chemicals office announced a shift in policy to further regulate chemicals within manufactured goods or finished products. The change would mean that importers, manufacturers, and processors will need to know the chemicals in manufactured or finished goods and assess whether EPA restricts those chemicals. (more…)

, ,

EPA Adds Three Per- and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory

On June 3, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a rule adding three more per- and polyfluoroalkyl substances (PFAS) to the list of chemicals requiring toxic chemicals release reporting under the Emergency Planning and Community Right-to-Know Act and the Pollution Prevention Act, that is, Toxics Release Inventory (TRI).  The PFAS added are perfluorooctyl iodide, potassium perfluorooctanoate and silver(I) perfluorooctanoate, which must be included in TRI reports due July 1, 2022.

(more…)

, , ,

EPA Moves to Revise Chemical Reviews

This month the U.S. Environmental Protection Agency (EPA) has issued two policy changes that will likely have substantial regulatory effects on chemicals and manufacturing sectors. First, EPA announced that it will reopen risk evaluations for certain high-priority chemicals that were completed under the last administration. Second, EPA announced changes to its new chemical review program to focus more on considering all conditions of use and worker protections for a chemical under review.

(more…)

,

EPA TSCA PFAS Reporting Rule Sent for White House Review

On March 1, 2021, the U.S. Environmental Protection Agency (EPA) sent for White House Office of Management and Budget (OMB) prepublication review a proposed rule that would require reporting and recordkeeping for the production of per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA).  (more…)

, , ,

Environmental Protection Agency Releases Draft Supplemental Risk Evaluation for 1,4-Dioxane, Chemical Byproduct in Consumer Goods

After a lengthy public comment review period, the U.S. Environmental Protection Agency (EPA) has released a Draft Supplemental Analysis to the Draft Risk Evaluation for 1,4-Dioxane. EPA’s underlying Draft Risk Evaluation for 1,4-Dioxane was released in June 2019. These documents have been prepared as required by the 2016 Frank R. Lautenberg Chemical Safety Act for the 21st Century Act amendments to federal Toxic Substances Control Act (TSCA).  Those amendments direct EPA to conduct risk evaluations of certain chemicals to determine whether the substance presents an unreasonable risk of injury to health or the environment, under the conditions of use, without consideration of costs or other nonrisk factors, while using the best available science and ensuring that decisions are based on the weight of scientific evidence. EPA identified 1,4-dioxane in December 2016 as one of the first 10 chemicals to undergo risk evaluations under the TSCA amendments.

(more…)

, , ,