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By John J. Kowalski, CHMM

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

On September 19, 2014, EPA published a notice of receipt of premanufacture notices (PMNs), test marketing exemption applications (TMEAs), and notices of commencement of manufacture or import (NOCs). This notice covered the period from July 1, 2014 to August 22, 2014. It reported the receipt of 115 PMNs, three TMEAs and 57 NOCs.

On October 1, 2014, EPA published a proposed significant new use rule (SNUR) for 15 related chemical substances commonly known as nonylphenols (NPs) and nonylphenol ethoxylates (NPEs). For 13 NPs and NPEs, EPA proposed to designate any use as a significant new use, and for two additional NPs, EPA proposed that any use other than use as an intermediate or as an epoxy cure catalyst would constitute a significant new use. Persons subject to this SNUR would be required to notify EPA at least 90 days before they manufacture (including import) or process any of these 15 chemical substances for a significant new use. 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 that activity before it occurs. Comments on this proposed rule must be received on or before December 1, 2014.

On October 6, 2014, EPA published a notice of receipt of PMNs and NOCs. This notice covered the period from August 25, 2014 to September 15, 2014. It reported the receipt of 37 PMNs and 29 NOCs.

On October 8, 2014, EPA published technical corrections to final SNURs that were promulgated on September 2, 2014. For the chemical substance identified generically as diisocyanate terminated polycarbodiimide (PMN P-04-640), the Agency inadvertently omitted the de minimus exemption from the worker protection requirements. Also, for the chemical substance identified generically as hexanedioic acid, polymer with .alpha.-hydro-.omega.-hydroxypoly[oxy(methyl-1,2-ethanediyl)],1,1′-methylenebis[4-isocyanatobenzene], dihydroxydialkyl ether and dialkanol ether (PMN P-11-311), EPA identified a typographical error in the PMN number. The technical corrections in this document were issued to correct the omission and the typographical error. They took effect on November 3, 2014.

On October 27, 2014, EPA published direct final SNURs for 52 chemical substances which were the subject of PMNs. Nine 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 52 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 November 26, 2014. In the absence of such comments, or notice of intent to submit such comments, these SNURs are effective on December 26, 2014.

On October 31, 2014, EPA published a response to a TSCA Section 21 petition that it received from the Center for Biological Diversity (CBD) on July 29, 2014. In its petition, CBD requested that the Agency initiate rulemaking under TSCA to address risks related to polyvinyl chloride (PVC), vinyl chloride, and phthalates used as plasticizers. The petitioner alternatively requested that EPA initiate rulemaking under TSCA to require additional toxicity testing of these chemical substances. The Agency denied CBD’s TSCA Section 21 petition. However, it continues to review a separate petition that CBD submitted under the Resource Conservation and Recovery Act (RCRA).

On November 10, 2014, EPA published a direct final rule to amend the list of chemical substances that are partially exempt from reporting under the Chemical Data Reporting (CDR) rule. More specifically, the Agency determined that it has low current interest in processing and use information for the substances listed in this rule. This direct final rule is effective January 9, 2015, without further notice, unless EPA receives adverse comment on or before December 10, 2014.

On November 14, 2014, EPA published a notice of receipt of PMNs and NOCs. This notice covered the period from September 16, 2014 to October 3, 2014. It reported the receipt of 31 PMNs and 35 NOCs.

REFERENCES:

Environmental Protection Agency. “Certain New Chemicals; Receipt and Status Information.” Federal Register 79 (19 September 2014): 56356-56364. http://www.gpo.gov/fdsys/pkg/FR-2014-09-19/pdf/2014-22282.pdf 

Environmental Protection Agency. “Certain Nonylphenols and Nonylphenol Ethoxylates; Significant New Use Rule” Federal Register 79 (1 October 2014): 59186-59195. http://www.gpo.gov/fdsys/pkg/FR-2014-10-01/pdf/2014-23253.pdf 

Environmental Protection Agency. “Certain New Chemicals; Receipt and Status Information” Federal Register 79 (6 October 2014): 60154-60157. http://www.gpo.gov/fdsys/pkg/FR-2014-10-06/pdf/2014-23772.pdf 

Environmental Protection Agency. “Significant New Use Rule on Certain Chemical Substances; Technical Correction” Federal Register 79 (8 October 2014): 60759-60761. http://www.gpo.gov/fdsys/pkg/FR-2014-10-08/pdf/2014-24027.pdf 

Environmental Protection Agency. “Significant New Use Rules on Certain Chemical Substances” Federal Register 79 (27 October 2014): 63821-63840. http://www.gpo.gov/fdsys/pkg/FR-2014-10-27/pdf/2014-24916.pdf 

Environmental Protection Agency. “Discarded Polyvinyl Chloride; TSCA Section 21 Petition; Reasons for Agency Response” Federal Register 79 (31 October 2014): 64722-64725. http://www.gpo.gov/fdsys/pkg/FR-2014-10-31/pdf/2014-25849.pdf 

Environmental Protection Agency. “Partial Exemption of Certain Chemical Substances From Reporting Additional Chemical Data” Federal Register 79 (10 November 2014): 66655-66658.  http://www.gpo.gov/fdsys/pkg/FR-2014-11-10/pdf/2014-26640.pdf

Environmental Protection Agency. “Certain New Chemicals; Receipt and Status Information” Federal Register 79 (14 November 2014): 68238-68242.  http://www.gpo.gov/fdsys/pkg/FR-2014-11-14/pdf/2014-26903.pdf

ChemADVISOR’s Janet Neal Speaks on Global Chemical Control Regulations at the October 27 ChemADVISOR EHS&T Seminar in Chicago

ChemADVISOR’s Janet Neal Speaks on Global Chemical Control Regulations at the October 27 ChemADVISOR EHS&T Seminar in Chicago.

ChemADVISOR employees from Germany and the United States are show the famous Atomium in Brussels, Belgium while visiting the ChemADVISOR office there

ChemADVISOR employees from Germany and the United States are show the famous Atomium in Brussels, Belgium, while visiting the ChemADVISOR office there.

By John J. Kowalski, CHMM

On September 30, 2014, the Environmental Protection Agency (EPA) published a final rule to add a nonylphenol category to the list of toxic chemicals subject to reporting under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 and Section 6607 of the Pollution Prevention Act (PPA) of 1990. EPA is adding this chemical category to the EPCRA Section 313 list because the Agency has determined that it meets the EPCRA Section 313(d)(2)(C) toxicity criterion.

EPA had proposed to add nonylphenol as a category defined by a structure. However, based upon comments that it received on the proposed rule, which was published on June 20, 2013, the Agency decided to list nonylphenol as a delimited category including only those chemicals listed below.

CASRN

Chemical name

104-40-5

4-Nonylphenol

11066-49-2

Isononylphenol

25154-52-3

Nonylphenol

26543-97-5

4-Isononylphenol

84852-15-3

4-Nonylphenol, branched

90481-04-2

Nonylphenol, branched

 

The final rule took effect on September 30, 2014. It shall apply for the reporting year beginning January 1, 2015, for which reports are due on July 1, 2016.

References

Environmental Protection Agency. “Addition of Nonylphenol Category; Community Right-to-Know Toxic Chemical Release Reporting.” Federal Register 78 (20 June 2013): 37176-37186. http://www.gpo.gov/fdsys/pkg/FR-2013-06-20/pdf/2013-14754.pdf 

Environmental Protection Agency. “Addition of Nonylphenol Category; Community Right-to-Know Toxic Chemical Release Reporting.” Federal Register 79 (30 September 2014): 58686-58693. http://www.gpo.gov/fdsys/pkg/FR-2014-09-30/pdf/2014-23255.pdf