Article

Discover the Recent EPA Actions under the TSCA

Posted on: April 19, 2019

by John J. Kowalski, CHMM

The U.S. EPA has recently taken actions under TSCA that addresses Mercury, Methylene chloride, asbestos, PV29 and more. Find a chronological summary.

The U.S. Environmental Protection Agency (EPA or the Agency) has recently taken a number of actions under the Toxic Substances Control Act (TSCA).  These actions are briefly summarized below, in chronological order.

On March 18, 2019, EPA released a variety of new tools to help companies, organizations, and individuals fulfill their reporting requirements under the Mercury reporting requirements rule.  Those required to report under the Mercury rule can now do so online through the Mercury Electronic Reporting (MER) application accessed through EPA’s Central Data Exchange (CDX)  The reporting deadline is July 1, 2019.

On March 19, 2019, EPA published proposed significant new use rules (SNURs) for 28 chemical substances which were the subject of premanufacture notices (PMNs).  The 28 PMN substances are also subject to orders issued by the Agency under TSCA Section 5(e).  Comments on the proposed SNURs must be received on or before May 3, 2019.

On March 21, 2019, EPA published a notice announcing its initiation of the prioritization process for 20 chemical substances as candidates for designation as High Priority Substances for risk evaluation and 20 chemical substances as candidates for designation as Low Priority Substances for risk evaluation.  The Agency is providing a 90-day comment period during which interested persons may submit relevant information on these chemical substances.  Comments must be received on or before June 19, 2019.

On March 27, 2019, EPA published a final rule prohibiting the manufacture (including import), processing, and distribution in commerce of Methylene chloride for consumer paint and coating removal.  This final rule is effective May 28, 2019.

Also on March 27, 2019, EPA published an advance notice of proposed rulemaking (ANPRM) to solicit public input on training, certification, and limited access requirements that could address any unreasonable risks that the Agency could potentially find to be presented by Methylene chloride when used for commercial paint and coating removal.  Comments on this ANPRM must be received on or before May 28, 2019.

On April 5, 2019, EPA published final SNURs for 13 chemical substances which are the subject of PMNs.  The final SNURs are effective on June 4, 2019.

On April 10, 2019, EPA Administrator Andrew R. Wheeler signed a proposed rule to establish a plan to review all confidential business information (CBI) claims for specific chemical identity asserted in a Notice of Activity (NOA) Form A.  The Agency will accept public comments on the proposed rule for 60 days following its publication in the Federal Register.

On April 12, 2019, EPA Assistant Administrator for Chemical Safety and Pollution Prevention Alexandra Dapolito Dunn signed a proposed rule to amend the Chemical Data Reporting (CDR) requirements and the size standards for small manufacturers under TSCA Section 8(a).  The Agency will accept public comments on the proposed rule for 60 days following its publication in the Federal Register.

On April 17, 2019, EPA published a notice announcing the availability of updated supporting documents for the draft risk evaluation of Pigment Violet 29 (PV29).  The Agency is seeking public comment on the draft risk evaluation in light of the additional materials being made publicly available.  The notice erroneously stated that comments must be received on or before April 17, 2019.  See, below, a correction published on April 19, 2019.

Also on April 17, 2019, EPA Assistant Administrator for Chemical Safety and Pollution Prevention Alexandra Dapolito Dunn signed a final SNUR to ensure that any discontinued uses of Asbestos cannot re-enter the marketplace without Agency review.  The final rule will take effect 60 days after its publication in the Federal Register.

On April 19, 2019, EPA published proposed SNURs for 11 chemical substances which are the subject of PMNs.  Comments on the proposed SNURs must be received on or before May 20, 2019.

Also on April 19, 2019, after being notified by UL of the error in the notice published on April 17, 2019, EPA published a correction clarifying that comments on the draft risk evaluation for PV29 must be received on or before May 17, 2019.

 

Recommended Action Item

Continue to watch this space for additional information regarding these and other new developments under the TSCA.

 

References

Environmental Protection Agency.  “Significant New Use Rules on Certain Chemical Substances.”  Federal Register 84 (19 March 2019): 9999-10019.  https://www.govinfo.gov/content/pkg/FR-2019-03-19/pdf/2019-04457.pdf

Environmental Protection Agency.  “Initiation of Prioritization Under the Toxic Substances Control Act (TSCA).”  Federal Register 84 (21 March 2019): 10491-10498.  https://www.govinfo.gov/content/pkg/FR-2019-03-21/pdf/2019-05404.pdf

Environmental Protection Agency.  “Methylene Chloride; Regulation of Paint and Coating Removal for Consumer Use Under TSCA Section 6(a).”  Federal Register 84 (27 March 2019): 11420-11436.  https://www.govinfo.gov/content/pkg/FR-2019-03-27/pdf/2019-05666.pdf

Environmental Protection Agency.  “Methylene Chloride; Commercial Paint and Coating Removal Training, Certification and Limited Access Program.”  Federal Register 84 (27 March 2019): 11466-11473.  https://www.govinfo.gov/content/pkg/FR-2019-03-27/pdf/2019-05865.pdf

Environmental Protection Agency.  “Significant New Use Rules on Certain Chemical Substances.”  Federal Register 84 (5 April 2019): 13531-13543.  https://www.govinfo.gov/content/pkg/FR-2019-04-05/pdf/2019-06624.pdf

Environmental Protection Agency.  “Materials Supporting the Colour Index (C. I.) Pigment Violet 29 Risk Evaluation; Notice of Availability and Comment Opportunity.”  Federal Register 84 (17 April 2019): 16011-16011.  https://www.govinfo.gov/content/pkg/FR-2019-04-17/pdf/2019-07708.pdf

Environmental Protection Agency.  “Significant New Use Rules on Certain Chemical Substances.”  Federal Register 84 (19 April 2019): 16432-16441.  https://www.govinfo.gov/content/pkg/FR-2019-04-19/pdf/2019-07853.pdf

Environmental Protection Agency.  “Materials Supporting the Colour Index (C. I.) Pigment Violet 29 Risk Evaluation; Notice of Availability and Comment Opportunity.”  Federal Register 84 (19 April 2019): 16485-16486.  https://www.govinfo.gov/content/pkg/FR-2019-04-19/pdf/C1-2019-07708.pdf

 

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Keywords

United States

EPA

TSCA

Mercury

Methylene chloride

Asbestos

PV29


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