Suspension Of TSCA Inventory Update Reporting IUR

EPA has passed a final rule amending the Toxic Substances Control Act (TSCA) section 8(a) Inventory Update Reporting (IUR) regulations by suspending the next IUR submission period. This final rule is effective May 11, 2011. The IUR requires manufacturers (including importers) of certain chemical substances included on the TSCA Chemical Substance Inventory (TSCA Inventory) to report current data on the manufacturing, processing, and use of the chemical substances.

In the Federal Register of August 13, 2010, EPA published proposed modifications to the IUR regulations. EPA is suspending the next submission period to allow additional time to finalize the proposed modifications to the IUR regulations, and to avoid finalizing changes to the reporting requirements in the midst of the 2011 submission period. EPA expects to finalize, in the near future, changes to the IUR reporting requirements which will supersede this action.

This rule potentially affects manufacturers (including manufacture as a byproduct) or importers of chemical substances listed on the TSCA Inventory. EPA amended 40 CFR 710.53 to suspend the next submission period within which manufacturers and importers must report IUR data to EPA.

The IUR final rule had established June 1, 2011 to September 30, 2011, as the second of a series of recurring submission periods for the IUR. The current action suspends the second IUR submission period, which is the next IUR submission period. Thus, the submission of IUR data for the next submission period will be neither required nor accepted until the suspension has been lifted or superseded by subsequent EPA action. This is needed due to the length of time which has been necessary to complete work on the proposed modifications and to avoid finalizing changes to the reporting requirements in the midst of the 2011 submission period. This is a one-time suspension of the next submission period only, and it does not alter the timing of subsequent submission periods.

Agency expects, in a final rule, to establish the next applicable submission period and supersede the suspension that the current action puts in place. EPA is completing work on the proposed rule and expects to promulgate a final rule addressing IUR modifications in the near future.

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Plan To Certify Pesticide Applicators in Indian Country

EPA has proposed a program to certify applicators of restricted use pesticides (RUPs) in Indian Country located within EPA Region 8 (covering Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming). RUPs are potentially hazardous chemicals that require special training and techniques to be used safely. Federal law requires that EPA approve the certification of all RUP applicators, including those who work in Indian Country. Although most states are delegated to implement their own certification programs, currently most of Indian Country is not covered by a certification mechanism. To fill this gap, EPA has issued a "Proposed Federal Plan for Certification of Applicators of Restricted Use Pesticides within Region 8 Indian Country".

Under the proposed plan, RUP applicators will need to apply for a federal certificate on the date that the plan becomes final. The Plan will allow private applicators to become certified by applying directly to EPA by showing proof of training and completing a questionnaire, or by providing a copy of a valid state, tribal or federal certification from an area that is contiguous with the reservation boundary. Commercial applicators can provide a copy of a valid state, tribal, or federal certification from an area that is contiguous with the reservation boundary.

EPA is accepting comments on the proposed restricted use pesticide certification program through June 6, 2011.

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New DfE Safer Product Labeling Standards

U.S. Environmental Protection Agency (EPA) has announced that more than 2,500 products are now authorized by the agency under its Design for the Environment (DfE) Safer Product Labeling Program to carry the DfE label. DfE-labeled products do not contain known chemicals of potential concern, including minor product components, like dyes and fragrances. EPA has also announced that it soon will require manufacturers with products that bear the DfE logo to disclose their ingredients to consumers. Products that carry the DfE label include all-purpose cleaners, laundry and dishwasher detergents, drain line maintainers, car and boat care and other products.

EPA is also implementing a requirement that new DfE-labeled products list all ingredients (other than trade secrets) on the product label or in another easily accessible location. New DfE-approved products also will have to meet additional life-cycle requirements such as sustainable packaging and limits on volatile organic compounds. The new disclosure and life-cycle requirements will be phased in for existing DfE products.

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Final Exemption of Milk From SPCC Rule 40 CFR 112

The U.S. Environmental Protection Agency (EPA) has exempted milk and milk product containers from the Oil Spill Prevention, Control and Countermeasure (SPCC) rule, potentially saving the milk and dairy industries more than $140 million per year. Based on input from the milk industry, EPA had previously delayed SPCC compliance requirements for milk and milk product containers until the mandated regulatory process could be completed. In January 2009, EPA proposed the rule to exempt milk containers from the SPCC rule. Milk production is already subject to certain construction and sanitary standards and requirements that help prevent spills.

The final exemption applies to milk, milk product containers, and milk production equipment. In addition, because some of these facilities may still have oil storage subject to the spill prevention regulations, EPA is also amending the rule to exclude milk storage capacity from a facility’s total oil storage capacity calculation. The agency is also removing the compliance date requirements for the exempted containers.

The SPCC regulations require facilities with the capacity to store more than the threshold quantity of oils and fats to create and implement plans to prepare, prevent and respond to spills. The current exemption for milk does not apply to fuel oil and other applicable oils stored on farms; farms that store above the regulatory threshold of fuel oil and other applicable oils are covered under the SPCC.

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Electronic Submittals For New Chemical Notices Required Under TSCA

Beginning today, companies can no longer submit their new chemical notices and support documents on paper for EPA’s review. U.S. Environmental Protection Agency will require electronic submissions for new chemical notices under the Toxic Substances Control Act (TSCA).

On April 6, 2010, EPA issued a final rule that put in place a 2-year phase out of paper and optical disc reporting for new chemical notices to the agency. The rule included a 1-year phase out of paper reporting and a 2-year phase out of optical disc reporting.

Under TSCA, companies are required to submit new chemical notices, including pre-manufacture notices (PMNs), to EPA at least 90 days prior to the manufacture or import of the chemical. EPA reviews the notice and can set conditions to be placed on the use of a new chemical before it enters into commerce. EPA receives around 1,000 new chemical notices each year, including hundreds of pages of supporting material. Companies are required to submit these notices using EPA's electronic PMN software either on optical disk (for one more year) or via EPA’s Central Data Exchange (CDX).

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NESHAP Residual Risk - Technology Review For Primary Aluminum Reduction

US EPA is currently beginning its Residual Risk and Technology Review of the Primary Aluminum Reduction National Emission Standard for Hazardous Air Pollutants (NESHAP). The existing NESHAP for Primary Aluminum Reduction Plants (40 CFR part 63, subpart LL) applies to the owner or operator of each new pitch storage tank or new or existing potline, paste production plant, or anode bake furnace associated with primary aluminum production and located at a major source as defined in 40 CFR Section 63.2. The existing subpart LL does not apply to any existing anode bake furnace that is not located on the same site as a primary aluminum reduction plant.

Section 112(f)(2) of the Clean Air Act (CAA) requires EPA to conduct risk assessments on each source category subject to maximum achievable control technology (MACT) standards pursuant to a NESHAP and determine if additional standards are needed to protect human health. The section 112(f)(2) residual risk review of a source category is to be performed within 8 years after promulgation of the associated NESHAP. Section 112(d)(6) of the CAA requires EPA to review and revise the MACT standards as necessary taking into account developments in practices, processes, and control technologies. The technology reviews of a NESHAP are to be performed no less often than every 8 years after promulgation of that NESHAP. The NESHAP for Primary Aluminum Reduction Plants was first promulgated in 1997. The amendments will address possible residual risks and advancements in technology. EPA anticipates that the Notice of Preliminary Rule Making for this action will be published in November 2011.

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NESHAP and NSPS Rules For Portland Cement Manufacturing.

After reconsideration, US EPA is proposing to amend the NESHAP and NSPS rules relating to Portland cement manufacturing. On September 9, 2010 EPA promulgated final amendments to the Portland cement NESHAP and NSPS rules regulating emissions of air toxics and criteria pollutants. These amendments applied to all cement kilns that do not burn waste materials. Cement kilns that burn waste are regulated by separate rules covering hazardous waste combustors and commercial and industrial solid waste incinerators.

Subsequent to promulgation of the September 9 rule, EPA received four petitions for reconsideration, two from environmental groups and two from the Portland cement industry. EPA also received 20 petitions for judicial review of the September 9, 2010 final action.

At present, EPA is issuing a notice stating how the agency plans to respond to the petitions. If the agency response includes any rule amendments, EPA plans to propose and finalize those amendments as additional stages of the action. The amendment may also include corrections and clarifications discovered to be necessary after promulgation of the September 2010 amendments. However, EPA does not anticipate any significant changes in rule stringency as part of this action.

[Read Recent Update On Portland Cement Rule]

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