Revised TSCA Requirements for Ethaneperoxoic acid, 1,1-dimethylpropyl ester

Under the Toxic Substances Control Act (TSCA), EPA is proposing to amend the significant new use rule (SNUR) for the chemical ethaneperoxoic acid, 1,1-dimethylpropyl ester, which was the subject of premanufacture notice (PMN). This action would amend the SNUR to allow certain uses without requiring a significant new use notice (SNUN), and would extend SNUN requirements to certain additional uses. EPA is proposing this amendment based on review of new toxicity test data. Comments must be received on or before February 27, 2013.

After the review of new test data subsequent to issuance of the TSCA section 5(e) consent order for the chemical and consideration of the factors included in TSCA section 5(a)(2), EPA determined that the chemical substance meets one or more of the concern criteria, but that these criteria are no longer met for the personal protective equipment, hazard communication, and specific use notification requirements. Consequently, EPA is proposing this modification to the SNUR.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Proposed SNURs Under Toxic Substances Control Act

EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for four chemical substances which were the subject of premanufacture notices (PMNs). The proposed rule would require persons who intend to manufacture, import, or process any of the chemical substances for an activity that is designated as a significant new use by this proposed rule to notify EPA at least 90 days before commencing that activity. Comments on the proposed rule must be received on or before February 22, 2013.

The chemicals subject to the proposed SNUR are:

• Pentane, 1,1,1,2,3,3- hexafluoro-4-(1,1,2,3,3,3- hexafluoropropoxy)-CAS number: 870778-34-0
• Three partially fluorinated alcohol substituted glycols (generic).

As background, Section 5(a)(2) of TSCA authorizes EPA to determine that a use of a chemical substance is a "significant new use." EPA must make this determination by rule after considering all relevant factors, including

1. The projected volume of manufacturing and processing of a chemical substance.
2. The extent to which a use changes the type or form of exposure of human beings or the environment to a chemical substance.
3. The extent to which a use increases the magnitude and duration of exposure of human beings or the environment to a chemical substance.
4. The reasonably anticipated manner and methods of manufacturing, processing, distribution in commerce, and disposal of a chemical substance.

Once EPA determines that a use of a chemical substance is a significant new use, TSCA section 5(a)(1)(B) requires persons to submit a significant new use notice (SNUN) to EPA at least 90 days before they manufacture, import, or process the chemical substance for that use.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

 

Amendment To OSHA Laboratory Practices Guidelines

The Occupational Safety and Health Administration (OSHA) has updated a non-mandatory appendix in OSHA's Occupational Exposure to Hazardous Chemicals in Laboratories Standard. This new revision addresses current laboratory practices, security, and emergency response, as well as promoting safe handling of highly toxic and explosive chemicals and their waste products. The non-mandatory appendix was revised to include the contents of the latest National Academy of Sciences publication entitled, "Prudent Practices in the Laboratory: Handling and Management of Chemical Hazards," 2011 edition. The effective date of this technical amendment to the standard is January 22, 2013.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs. For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

 

Federal PM Advance Program To Assist Compliance With Revised PM2.5 Air Standards

The Environmental Protection Agency (EPA) has initiated a new voluntary clean air program, 'PM Advance' to help communities continue to meet new PM2.5 air quality standards, improve air quality and protect public health.

On December 14, 2012, EPA updated the national air quality standards for PM 2.5 by revising the annual standard to 12 ug/m3. While federal rules are expected to ensure that most areas meet the new standards, areas can participate in PM Advance to help them remain in attainment. The PM Advance program is designed to help communities who meet current standards continue to meet the standards. Early work to reduce fine particles, such as PM Advance participation, can be incorporated into required planning. Through the program, participants will commit to taking specific steps to reduce fine particle pollution, such as putting in place a school bus retrofit program or an air quality action day program, while EPA will supply technical advice, outreach information, and other support.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

Final National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines

In compliance with settlement agreements, the U.S. Environmental Protection Agency (EPA) has finalized revisions to emission standards for stationary engines that generate electricity and power equipment at industrial, agricultural, oil and gas production, power generation and other facilities..

The final amendments to the 2010 “National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines (RICE)” reflect new technical information submitted by stakeholders after the 2010 standards were issued. The updates are intended to ensure that the standards are cost-effective, achievable, and protective, while continuing to provide significant emission reductions.

The amendments also specify how the standards apply to emergency engines used for emergency demand response.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

 

Labeling Requirements For Exported Pesticides Revised

EPA has published a final rule revising the regulations on the labeling of pesticide products and devices intended solely for export. The final rule restructures the current regulations to clarify which provisions apply under various circumstances. EPA is also increasing specificity in the regulations by requiring that people who transfer unregistered pesticide products between registered establishments operated by the same producer within the United States must also comply with the requirements of the rule if those products are intended solely for export at the time of such transfer. EPA believes that this requirement is necessary to ensure appropriate handling of such products as they move in commerce before they actually leave the United States.

This final rule is effective March 19, 2013. The compliance date for the requirement to label unregistered pesticide products intended solely for export that are being shipped between registered establishments operated by the same producer is January 21, 2014.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

 

PHMSA Asks For Comments On Air Transport Of Lithium Cells And Batteries

PHMSA is soliciting additional comments on the impact of changes to the requirements for the air transport of lithium cells and batteries that have been adopted into the 2013-2014 International Civil Aviation Organization Technical Instructions on the Transport of Dangerous Goods by Air (ICAO Technical Instructions), and subsequently incorporated by reference in a HMR final rule.

PHMSA is considering the long-term impacts of permitting shippers and carriers to choose between compliance with the existing HMR, or compliance with the ICAO Technical Instructions 2013-2014 edition, when transporting batteries domestically by air. ICAO Technical Instructions will allow each shipper and carrier to choose the method of compliance that is most appropriate for its operation. Each shipper and carrier will have the responsibility to ensure that the proper method of compliance is chosen for each shipment, since the chosen method may not comply with the ICAO Technical Instructions.

PHMSA is seeking comment on whether to require mandatory compliance with the 2013-2014 ICAO Technical Instructions for all shipments of lithium batteries by air, both foreign and domestic. Based on the comments received, PHMSA may issue a final rule to revise the HMR to reflect the lithium battery provisions specified in the 2013-2014 Edition of the ICAO Technical Instructions.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.

For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

 

Review of PVC NESHAP and MACT

In response to four petitions received for reconsideration, US EPA has provided notice that it will review the PVC NESHAP that was finalized in April 2012. The petitions identified notice and comment issues as well as several technical consistency issues with the rule.

The April 2012 final rule was issued in response to a 2008 settlement agreement with Sierra Club, MEAN, and LEAN to replace the vacated PVC MACT rule. This settlement did not include reconsideration of the existing 2007 PVC area source GACT rule. However, EPA decided to voluntarily review and revise the 2007 area source rule in conjunction with developing the major source MACT standard. Both industry and environmental petitioners have petitioned for reconsideration of the GACT analysis due to notice and comment.

EPA initiated this review in December 2012 and expects to publish a Notice of Proposed Rulemaking in November 2013.

Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website

EPA Considers Chemical Identifiers For Minimum Risk Pesticides

EPA is proposing to more clearly describe the active and inert ingredients permitted in products eligible for the exemption from regulation for minimum risk pesticides. EPA is proposing to reorganize these lists by adding specific chemical identifiers. The identifiers would make it clearer which ingredients are permitted in minimum risk pesticide products. EPA is also proposing to modify the label requirements in the exemption to require the use of specific common chemical names in lists of ingredients on minimum risk pesticide product labels, and to require producer contact information on the label. Comments on the proposed rules must be received on or before April 1, 2013.

The primary goal of this proposal is to clarify the conditions of exemption for minimum risk pesticides by making clearer the specific ingredients that are permitted in minimum risk pesticide products. According to EPA, the existing regulatory structure leads to confusion as to which ingredients are exempt and how they should be labeled on products.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website 

 

Expansion of Lead Renovation, Repair, and Painting (RRP) Rule

In 2010, EPA issued an advance notice of proposed rulemaking concerning renovation, repair, and painting activities on and in public and commercial buildings. EPA is in the process of determining whether these activities create lead-based paint hazards. For those that do, EPA will develop certification, training, and work practice requirements as directed by the Toxic Substances Control Act (TSCA). EPA has now opened a comment period to allow for additional data and other information to be submitted by the public and interested stakeholders. Comments must be received on or before April 1, 2013. EPA plans to hold a public meeting on June 26, 2013.

As background, Title IV of TSCA was enacted to reduce lead exposures, particularly those resulting from lead-based paint. TSCA requires EPA to revise its Lead-based Paint Activities Regulations to apply to those renovation and remodeling activities in target housing, public buildings constructed before 1978, or commercial buildings that create lead-based paint hazards. In April 2008, EPA issued the final Lead Renovation, Repair, and Painting (RRP) Rule. The RRP Rule covers renovation, repair, and painting activities in target housing, which is most pre-1978 housing, and child-occupied facilities, defined in the rule as a subset of public and commercial buildings in which young children spend a significant amount of time.

Shortly after the RRP Rule was published, several lawsuits were filed challenging the rule, asserting that EPA failed to address renovation activities in public and commercial buildings. As part of a settlement agreement, EPA agreed to commence rulemaking to address renovations in public and commercial buildings, other than child-occupied facilities. EPA has agreed to either sign a proposed rule covering renovation, repair, and painting activities in public and commercial buildings, or determine that these activities do not create lead-based paint hazards by July 1, 2015.

In addition, EPA agreed to hold a public meeting on or before July 31, 2013, and offer an opportunity for stakeholders and other interested members of the public to provide data and other information that EPA may use in making its regulatory determinations. Of particular interest to EPA for developing a proposed rule is information concerning:

1. The manufacture, sale, and uses of lead-based paint after 1978.

2. The use of lead-based paint in and on public and commercial buildings.

3. The frequency and extent of renovations on public and commercial buildings.

4. Work practices used in renovation of public and commercial buildings.

5. Dust generation and transportation from exterior and interior renovations of public and commercial buildings.


Caltha LLP provides specialized expertise to clients nationwide in the evaluation environmental rules, developing EHS compliance procedures, and preparing cost-effective EHS management programs.
For further information contact Caltha LLP at info@calthacompany.com or Caltha LLP Website