Tag Archive for: New & Events

New EPCRA TRI Website

EPCRA Toxics Release Inventory (TRI):

On November 19, 2012, EPA rolled out a new website to provide information on how industrial facilities are preventing releases of chemicals. The site shows how industry is making progress in reducing releases reported under Section 313 of the Emergency Planning and Community Right-to-Know Act (ECPCRA).  The site and additional information about the TRI program is available  here

EPA Posts List of Safer Chemical Ingredients for DfE Safer Product Labeling Program

Design for the Environment (DfE):

The U.S. Environmental Protection Agency today posted a List of Safer Chemical Ingredients that contains chemicals that meet stringent criteria applied by the Design for the Environment (DfE) Safer Product Labeling Program. This program recognizes products that are high-performance and cost-effective while using the safest chemical ingredients. At present, more than 2,800 common household and other products carry the DfE Safer Product Label. This list of safer chemical ingredients will help product manufacturers identify chemicals that the DfE program has evaluated and identified as safer alternatives.  This list only includes chemicals in products that were voluntarily submitted for evaluation through the DfE Safer Product Labeling Program. There may be other chemicals not included in this list that are also safer. The list and additional information can be found at http://www.epa.gov/dfe/saferingredients.htm You can contact Bridget Williams in EPA’s DfE Program at 202-564-8558 or by email at williams.bridget@epa.gov for further information.

California DTSC Extends Comment Period for Proposed Safer Consumer Product Regulations

California Green Chemistry Regulations:

The California Department of Toxic Substances Control(DTSC) has announced a 30-day extension for the comment period on the proposed Safer Consumer Product regulations. The regulations were released on July 27.  The new deadline for submitting comments is 5 p.m. on October 11, 2012. The public hearing on September 10, 2012 will take place as scheduled.

EPA Publishes the Peer Review Plans for the Risk Assessments on the Seven 2012 Work Plan Chemicals

TSCA:

Today, August 17, 2012, EPA published the Peer Review Plans for the risk assessments on the seven 2012 work plan chemicals. The plans, which form part of the Agency’s Peer Review Agenda, describe the focus of the risk assessment being conducted on each chemical, indicate how peer reviewers will be selected and how the peer review will be conducted, and provide the time line for the reviews. As indicated in the plans, EPA will publish a notice in the Federal Register when the External Review Drafts of the assessments become available, and will provide a 60-day period for public comment on the drafts before the peer review begins. The public will also be able to present comments at the teleconference panel review meetings. You can access and submit comments on the individual peer review plans for each chemical by using the following links:


EPA Proposes TSCA SNUR for Certain Perfluorinated Chemicals

TSCA:

On August 8, 2012, EPA signed a proposed Significant New Use Rule (SNUR) under the Toxic Substances Control Act (TSCA) to:

  • Require companies to report 90 days in advance of all new uses of long-chain perfluoroalkyl carboxylic (LCPFAC) chemicals as part of carpets or to treat carpets, including the import of new carpet containing LCPFACs;
  • Add seven perfluoroalkyl sulfonate (PFAS) chemicals to the existing PFAS SNUR (40 CFR 721.9582), and amend that SNUR to include “processing” in the definition of significant new use for PFAS chemicals.

The following is a link to the pre-publication copy of the proposed SNUR:

http://www.epa.gov/oppt/pfoa/pubs/PrePublication_LCPFC-SNUR_NPRM_2012-08-07.pdf

Comments on the proposed SNUR are due 60 days after the SNUR is published in the Federal Register. For more information, see EPA’s website

TSCA Fines Announced

EPA issued a News Release Monday July 23 announcing fines for violations of TSCA’s recordkeeping and reporting requirements.

The announcement details the following settlements:

  • Haldor Topsoe, Inc., paid $202,779 to settle a complaint that it had violated the 2006 IUR rule for 13 chemical substances.
  • Chemtura Corporation paid $55,901 to settle a complaint that its El Dorado, Arizona facility failed to report two chemicals pursuant to the 2006 IUR rule.
  • Bethlehem Apparatus Company paid a $103,433 to settle a complaint that it had failed to comply with import certification and export notification requirements, and that if also failed to meet 2006 IUR requirements for one chemical substance.

See below for the full News Release.

WASHINGTON – The U.S. Environmental Protection Agency (EPA) has issued complaints seeking civil penalties against three companies for alleged violations of the reporting and recordkeeping requirements under the Toxic Substances Control Act (TSCA). The alleged violations involved the companies’ failure to comply with EPA’s TSCA section 8 Inventory Update Reporting (IUR) regulations, which require companies to submit accurate data about the production and use of chemical substances manufactured or imported during a calendar year. Under TSCA, penalties can be assessed up to $37,500 per day, per violation.

Formerly known as the IUR, the TSCA Chemical Data Reporting Rule requires the collection of information about existing chemicals on the market by requiring periodic reports about the production and use of chemicals to help understand the risks they may pose to human health and the environment. The data collected by EPA is the most comprehensive source of information for chemicals currently in commerce in the U.S.

The reporting deadline for the 2006 IUR rule ended in March of 2007. EPA’s enforcement efforts have led to 43 civil enforcement actions and approximately $2.3 million dollars in civil penalties against companies that failed to report required chemical data information. The reporting deadline for the 2012 submission period of the Chemical Data Reporting Rule is August 13, 2012.

The three most recent cases are against Chemtura Corporation, Bethlehem Apparatus Company, and Haldor Topsoe, Inc., and resulted in penalties totaling $362,113.

The Chemtura Corporation is headquartered in Philadelphia, Pa. and has a facility located in El Dorado, Arizona. In a May 31, 2012 complaint, EPA alleged that the facility failed to report two chemicals pursuant to the 2006 IUR rule and assessed a penalty of $55,901. The company corrected the violations, paid the penalty and a final order was issued by the Environmental Appeals Board (EAB) on June 25, 2012.

During an inspection of the Bethlehem Apparatus Company, located in Hellertown, Pa., EPA found that the facility was in violation of the 2006 IUR Rule for one chemical substance. EPA also determined during the inspection that the company had failed to comply with the export notification requirements as required under TSCA section 12(b) and the import certification requirements as required under TSCA section 13 on a number of occasions for the same chemical substance. The company corrected the violations and paid a $103,433 penalty proposed in a May 31, 2012 complaint.

Haldor Topsoe, Inc., headquartered in Houston, Texas, is subject to a TSCA complaint that was filed on June 20, 2012. The complaint alleged that that the company had violated the 2006 IUR rule for 13 chemical substances. The complaint assessed a proposed penalty of $202,779, which the company paid on July 2, 2012.

More information about the settlements and EPA’s TSCA enforcement program: http://www.epa.gov/compliance/resources/civil/tsca/tscaiur.html

More information about TSCA reporting requirements: http://www.epa.gov/iur/

 

Phil Moffat to Speak at ASC 2012 Fall Expo on California's Green Chemistry Initiative

Green Chemistry Regulation:

Verdant is pleased to announce that Philip Moffat will be speaking at the Adhesive and Sealant Council’s 2012 Fall Expo in Louisville, Kentucky.  Mr. Moffat will discuss California’s efforts to use regulation to drive “green” innovation in the chemicals and consumer products industries.  His presentation, “California’s Green Chemistry Initiative – A Legal Perspective,” will cover the history of the state’s vaunted initiative, the challenges of implementing it into regulation, the current status of the regulations, as well as their projected legal and other impacts to businesses in California, the United States, and abroad.  The Fall Expo will be held from October 21- 22 at the Louisville Marriott Downtown.  More information is available here.

Update on TSCA "Reform" – The Summer of Bipartisan Consensus?

TSCA Reform:

Whether you think the Toxic Substances Control Act (TSCA) needs to be “reformed,” “modernized,” “updated” or simply left alone, you’re probably interested in knowing where Congressional efforts to amend the statute currently stand.  Here’s a short update, which is based on our latest understanding.  If others have additional details or insights, please feel free to share them with us here at Verdant Law.

Supposedly Senator Lautenberg (D-NJ) has agreed to set aside his current version of the Safe Chemicals Act (S.847) and attempt to achieve consensus with his Republic colleagues on the Environment and Public Works (EPW) Committee.  Although Senator Lautenberg introduced S.847 in 2011 and has not introduced a similar version in 2012, the bill has remained somewhat of a centerpiece in the negotiations with other EPW Committee members. 

While Senator Lautenberg is the leading Democratic negotiator, Senator David Vitter (R-LA) is leading the Republicans’ efforts.  Senators James Inhofe (R-OK, Ranking Committee Member), Mike Crapo (R-ID, Ranking Subcommittee Member), and Lamar Alexander (R-TN) are also playing key roles. 

Negotiations are supposed to continue over the summer.  Around Labor Day, the parties will decide whether to attempt a bipartisan markup of S.847 in Senator Lautenberg’s Superfund, Toxics, and Environmental Health Subcommittee, whether a markup is premature but negotiations should continue, or whether to terminate further negotiations for the remainder of the year.  Presumably if negotiations terminate, Senator Lautenberg might reintroduce S.847 and attempt passage in the last weeks of the current congress.  Republicans would probably oppose it, but may not be in a position to introduce a viable competing bill.

We at Verdant Law think it’s highly unlikely that consensus will be achieved and a bill passed and signed into law before the November election.  However, perhaps this summer’s efforts will point the parties in a direction that eventually leads to a workable solution.  (One can dream, right?)   Stay tuned.

New TSCA Work Plan Chemicals

TSCA/Work Plan for Existing Chemicals/Chemical Risk Assessment

June 1, 2012 EPA announced the addition of 18 chemicals to its work plan for existing chemicals risk assessment. The 18 chemicals include flame retardants, fragrance chemicals, and chlorinated hydrocarbons.  Many of these chemicals are potentially carcinogenic, or pose reproductive or developmental toxicity.  In addition, some of these chemicals present persistent, bioaccumulative, and toxic potential or are found in consumer products.  New and existing work plan chemicals are listed on EPA’s website.

As part of the Agency’s strategy to manage existing chemicals (see EPA’s Existing Chemicals Program Strategy (PDF), EPA has been screening chemicals against risk criteria (see e.g., Identifying Priority Chemicals for Review and Assessment).  Chemicals are likely to be flagged for further review and assessment if screening indicates:

  • children’s health effects (e.g., chemicals with reproductive or developmental effects);
  • persistence, bioaccumulation, and toxicity (PBT);
  • carcinogenic effect ;
  • presence in children’s products;
  • presence in consumer products; and
  • detection by biomonitoring programs. 

In the June 1 announcement, EPA solicited unpublished health and safety studies on these chemicals.  Research should be submitted to docket EPA-HQ-OPPT-20110-516 by August 31, 2012. Health and safety studies comprise “any study of any effect of a chemical substance or mixture on health or the environment or on both,” including but not limited to:

  • Epidemiological or clinical studies;
  • Studies of occupational exposure;
  • In vivo and in vitro toxicological studies; and
  • Ecotoxicological studies;

Risks assessments on the new work plan chemicals will be conducted in 2013 and 2014.

DTSC Requests Nominations to Green Chemistry Category of GEELA 2012 Awards

Green Chemistry:

The California Department of Toxic Substances Control is requesting nominations for the “Green Chemistry Category” of the Governor’s Environmental and Economic Leadership Award (GEELA) Program.  The so-called GEELA awards are California’s highest environmental honor.  More information is available in the excerpt below.  If readers know of any deserving candidate – and there undoubtedly many – please forward to the appropriate person a link to this blog entry.

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The Governor’s Environmental and Economic Leadership Awards

GEELA 2012

The Governor’s Environmental and Economic Leadership Award Program is California’s highest environmental honor. The program recognizes individuals, organizations, and businesses that have demonstrated exceptional leadership and made notable, voluntary contributions in conserving California’s precious resources, protecting and enhancing our environment, building public-private partnerships and strengthening the State’s economy. 

The Department of Toxic Substances Control (DTSC) invites your organization to submit entries for the 2012 GEELA Awards in the Green Chemistry category. This category focuses on businesses, academia and nongovernmental organizations that are leading innovation and development of safer, and more environmentally benign consumer products, formulations, and technologies. Entries should demonstrate benefits to human health and the environment through using less hazardous chemical components and processes. Lifecycle perspectives should also be presented, especially those incorporating pathways for reuse, recycling, and improved management of chemical components.   

Anyone wishing to apply for, or nominate an individual, organization, or business, for a 2012 Governor’s Environmental and Economic Leadership Award should submit an application by June 22, 2012.

For more information, visit:http://www.calepa.ca.gov/Awards/GEELA/2012/GrnChemApp.htm