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by John J. Kowalski, CHMM

Among the most recent Environmental Protection Agency (EPA, the Agency) actions under the Toxic Substances Control Act (TSCA) are the following:

On June 5, 2015, EPA published direct final significant new use rules (SNURs) for 22 chemical substances which were the subject of premanufacture notices (PMNs). Two of these chemical substances are subject to TSCA Section 5(e) consent orders. This action requires persons who intend to manufacture (including import) or process any of these 22 chemical substances for an activity that is designated as a significant new use to notify the Agency at least 90 days before commencing that activity. According to EPA, the required notification will provide the Agency with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. Written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs must be received on or before July 6, 2015. In the absence of such comments, or notice of intent to submit such comments, these SNURs are effective on August 4, 2015.

On June 10, 2015, EPA proposed SNURs for 30 chemical substances which were the subject of PMNs. This action would require persons who intend to manufacture (including import) or process any of these chemical substances for an activity that is designated as a significant new use by these proposed rules to notify the Agency at least 90 days before commencing that activity. According to EPA, the required notification would provide the Agency with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs. Comments on these proposed rules must be received on or before July 10, 2015.

On June 15, 2015, EPA published a notice announcing its receipt of test data submitted pursuant to a test rule codified at 40 CFR 799.5089 for Benzene, 1-chloro-4-(trifluoromethyl)-, CAS Registry Number (CAS RN) 98-56-6. The notice provided the uses of the subject chemical and the nature of the test data received, as required under TSCA Section 4(d).

On June 17, 2015, EPA published a notice announcing its receipt of test data submitted pursuant to a test rule codified at 40 CFR 799.5087 for D-gluco-heptonic acid, monosodium salt, (2.xi.)-, CAS RN 31138-65-5, and 2,4-Hexadienoic acid, (E,E)-, CAS RN 110-44-1. The notice provided the uses of the subject chemicals and the nature of the test data received, as required under TSCA Section 4(d).

On June 30, 2015, EPA published a final rule to amend the SNURs for 21 chemical substances which were the subject of PMNs. This action amends the SNURs to allow certain uses without requiring a significant new use notice (SNUN) and extends SNUN requirements to certain additional uses. This final rule is effective August 31, 2015.

Also on June 30, 2015, EPA published a notice of receipt of PMNs, Test Marketing Exemption (TME) applications, and notices of commencement of manufacture or import (NOCs). This notice covered the period from May 1, 2015 to May 29, 2015. It reported the receipt of 50 PMNs, one TME application, and 63 NOCs.

On July 2, 2015, EPA published a notice announcing its receipt of test data submitted pursuant to a test rule codified at 40 CFR 799.5087 for Phosphorochloridothioic acid, O,O-diethyl ester, CAS RN 2524-04-1. The notice provided the uses of the subject chemical and the nature of the test data received, as required under TSCA Section 4(d).

Also on July 2, 2015, EPA extended the comment period on the proposed rule for nanoscale materials from July 6, 2015 to August 5, 2015. See our previous blog articles, “EPA Proposes New Requirements for Nanoscale Materials,” dated 13 April 2015, and “EPA Schedules Public Meeting on Proposed Rule for Nanoscale Materials,” dated 19 May 2015.

On July 14, 2015, EPA published a notice announcing its receipt of test data submitted pursuant to a test rule codified at 40 CFR 799.5087 for D-gluco-heptonic acid, monosodium salt, (2.xi.), CAS RN 31138-65-5. The notice provided the uses of the subject chemical and the nature of the test data received, as required under TSCA Section 4(d).

On July 20, 2015, EPA published a direct final rule to amend the TSCA Section 5 electronic reporting regulations. See our previous blog article, “EPA Publishes TSCA Section 5 Electronic Reporting Rule,” dated 22 July 2015.

On July 22, 2015, EPA proposed to amend the list of chemical substances that are partially exempt from reporting additional information under the Chemical Data Reporting (CDR) rule. More specifically, the Agency proposed to add six chemical substances to the list of chemical substances that are exempt from reporting the information described at 40 CFR 711.15(b)(4). Comments on the proposed rule must be received by EPA on or before September 21, 2015.

Also on July 22, 2015, EPA published a notice announcing its receipt of test data submitted pursuant to a test rule codified at 40 CFR 799.5087 for Phosphorochloridothioic acid, O,O-diethyl ester, CAS RN 2524-04-1. The notice provided the uses of the subject chemical and the nature of the test data received, as required under TSCA Section 4(d).

On July 24, 2015, EPA published a notice announcing its receipt of test data submitted pursuant to a test rule codified at 40 CFR 799.5089 for 1-Propanesulfonic acid, 2-hydroxy-3-(2-propen-1-yloxy)-, sodium salt (1:1), CAS RN 52556-42-0. The notice provided the uses of the subject chemical and the nature of the test data received, as required under TSCA Section 4(d).

References:

Environmental Protection Agency. “Significant New Use Rules on Certain Chemical Substances.” Federal Register 80 (5 June 2015): 32003-32017. http://www.gpo.gov/fdsys/pkg/FR-2015-06-05/pdf/2015-13670.pdf 

Environmental Protection Agency. “Significant New Use Rule on Certain Chemical Substances.” Federal Register 80 (10 June 2015): 32879-32885. http://www.gpo.gov/fdsys/pkg/FR-2015-06-10/pdf/2015-13941.pdf 

Environmental Protection Agency. “Receipt of Test Data Under the Toxic Substances Control Act.” Federal Register 80 (15 June 2015): 34155-34156. http://www.gpo.gov/fdsys/pkg/FR-2015-06-15/pdf/2015-14677.pdf 

Environmental Protection Agency. “Receipt of Test Data Under the Toxic Substances Control Act.” Federal Register 80 (17 June 2015): 34636-34637. http://www.gpo.gov/fdsys/pkg/FR-2015-06-17/pdf/2015-14748.pdf 

Environmental Protection Agency. “Modification of Significant New Uses of Certain Chemical Substances.” Federal Register 80 (30 June 2015): 37161-37166. http://www.gpo.gov/fdsys/pkg/FR-2015-06-30/pdf/2015-15917.pdf

Environmental Protection Agency. “Certain New Chemicals; Receipt and Status Information.” Federal Register 80 (30 June 2015): 37248-37254. http://www.gpo.gov/fdsys/pkg/FR-2015-06-30/pdf/2015-16047.pdf 

Environmental Protection Agency. “Receipt of Test Data Under the Toxic Substances Control Act.” Federal Register 80 (2 July 2015): 38198-38199. http://www.gpo.gov/fdsys/pkg/FR-2015-07-02/pdf/2015-16418.pdf 

Environmental Protection Agency. “Chemical Substances When Manufactured or Processed as Nanoscale Materials, TSCA Reporting and Recordkeeping Requirements; Extension of Comment Period.” Federal Register 80 (2 July 2015): 38153-38153. http://www.gpo.gov/fdsys/pkg/FR-2015-07-02/pdf/2015-16051.pdf 

Environmental Protection Agency. “Receipt of Test Data Under the Toxic Substances Control Act.” Federal Register 80 (14 July 2015): 41040-41041. http://www.gpo.gov/fdsys/pkg/FR-2015-07-14/pdf/2015-17256.pdf 

Environmental Protection Agency. “TSCA Section 5 Premanufacture and Significant New Use Notification Electronic Reporting.” Federal Register 80 (20 July 2015): 42739-42747. http://www.gpo.gov/fdsys/pkg/FR-2015-07-20/pdf/2015-17737.pdf 

Environmental Protection Agency. “Partial Exemption of Certain Chemical Substances From Reporting Additional Chemical Data.” Federal Register 80 (22 July 2015): 43383-43385. http://www.gpo.gov/fdsys/pkg/FR-2015-07-22/pdf/2015-17629.pdf 

Environmental Protection Agency. “Receipt of Test Data Under the Toxic Substances Control Act.” Federal Register 80 (22 July 2015): 43424-43425. http://www.gpo.gov/fdsys/pkg/FR-2015-07-22/pdf/2015-18008.pdf 

Environmental Protection Agency. “Receipt of Test Data Under the Toxic Substances Control Act.” Federal Register 80 (24 July 2015): 44103-44104. http://www.gpo.gov/fdsys/pkg/FR-2015-07-24/pdf/2015-18234.pdf

 

Join ChemADVISOR's Safia Korati as she reviews the requirements for the 2018 REACH deadline.

We have already passed two deadlines for the submission of REACH dossiers, but the submission requirements for 2018 are expected to affect the largest number of companies and substances.  In this webinar we will remind you what your obligations are under REACH, and remind you of the steps you need to take to meet them.  The time to plan for the 2018 deadline is NOW!

by Tammy J. Murphy

In the 25 July 2015 edition of the Canada Gazette, Part I, Environment Canada, under the Canadian Environmental Protection Act, 1999 (CEPA, 1999), published a “Notice with Respect to Certain Nanomaterials in Canadian Commerce.” The Notice requires that any person meeting the criteria in Schedule 2 submit the required information from Schedule 3 by February 23, 2016, 5:00 pm, EST.

The Notice applies to substances listed in Schedule 1 that have “a size of between 1 and 100 nanometers in at least one external dimension, or internal or surface structure.” Please see the Notice for the complete list of substances.

Schedule 2 details the information regarding “Persons Required to Provide Information” and also lists exceptions. Schedule 3 provides the details for the information required to be submitted. It also includes definitions, function codes and descriptions and consumer and commercial codes and descriptions.

Additional information can be found on Environment Canada’s CEPA Registry site and on the Government of Canada’s Chemical Substances site. The full text of the publication should be consulted for complete details.

Reference:

Canada Gazette, Part I, July 25, 2015 edition: http://canadagazette.gc.ca/rp-pr/p1/2015/2015-07-25/pdf/g1-14930.pdf

 

by Tammy J. Murphy

In the 25 July 2015 edition of the Canada Gazette, Part I, Environment Canada, under the Canadian Environmental Protection Act, 1999 (CEPA, 1999), published a “Notice with Respect to Certain Polymers on the Domestic Substances List.” The Notice requires that any person meeting the criteria in Schedule 2 submit the required information from Schedule 3 by December 3, 2015, 5:00 pm, EST.

The Notice applies to substances listed in Schedule 1, Part 1 Substances or Schedule 1, Part 2 Substances. Please see the Notice for the complete list of substances. Schedule 2 details the information for “Persons Required to Provide Information” and it provides exceptions. Schedule 3 provides the details for information required to be submitted. Substance function codes and descriptions as well as consumer and commercial codes and descriptions are also provided.

In the same edition of the Canada Gazette, Part I, Environment Canada also published a “Notice with Respect to Certain Priority Petroleum Substances on the Domestic Substances List.” The Notice requires that any person meeting the criteria in Schedule 2 submit the required information from Schedule 3 by October 20, 2015, 5:00 pm, EST.

As with the other Notices, Schedule 1 provides the list of substances that the Notice applies to, Schedule 2 details the information on “Persons Required to Provide Information” and Schedule 3 provides the information requirements.

Additional information can be found on Environment Canada’s CEPA Registry site and on the Government of Canada’s Chemical Substances site. The full text of the publication should be consulted for complete details.

Reference:

Canada Gazette, Part I, July 25, 2015 edition: http://canadagazette.gc.ca/rp-pr/p1/2015/2015-07-25/pdf/g1-14930.pdf