Reporting Under TSCA Chemical Data Reporting Rule

The new TSCA Chemical Data Reporting rule was finalized in November 2011, and the current reporting period is from February to June 2012. Any business that manufactured, processed or imported TSCA chemicals during 2010 and 2011 may be required to submit a report. This rule is a revision to the former Inventory Update Reporting (IUR) rule. Because this reporting is required every five years, many affected companies may not be aware of their TSCA reporting requirements under this rule.

Below is a link to a recent presentation on this new rule:

New TSCA Chemical Data Reporting Rules

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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

TSCA Studies Made Public - CBI Status Revoked

U.S. Environmental Protection Agency has made public the identities of more than 150 chemicals contained in 104 health and safety studies that had previously been claimed confidential by industry. For these 104 studies, the chemical identity will no longer be redacted. The chemicals involved are used in dispersant formulations and consumer products such as air fresheners, non-stick and stain resistant materials, fire resistant materials, nonylphenol compounds, perfluorinated compounds, and lead.

In 2010, EPA requested that the industry voluntarily declassify unwarranted claims of confidential business information (CBI). The agency also issued new guidance outlining plans to deny confidentiality claims for chemical identity in health and safety studies under the Toxic Substances Control Act (TSCA). Based on this guidance, EPA notified a number of companies in February 2011 that the agency had determined that their CBI claim was not eligible for confidential treatment under TSCA and that EPA intended to make the information public. The health and safety studies include some declassified by the agency and other voluntary declassifications by companies in response to EPA’s 2010 request.

In addition to these actions, EPA has recently taken other steps to make chemical information more readily available. The agency has provided the public with free access to the consolidated TSCA Inventory on the EPA and Data.Gov websites. EPA also launched a new chemical data access tool gives the public the ability to electronically search EPA’s database of more than 10,000 health and safety documents on a wide range of chemicals.

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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

Michigan IUR Reporting Under TSCA - 2011 Due Dates

Calender year 2010 was a reporting year under the TSCA Inventory Update Rule (IUR), and Michigan facilities that exceed the IUR reporting thresholds will need to submit reports in 2011.

When are 2011 IUR reports due?
According to the Chemical Control Division at the Environmental Protection Agency the submission period for 2011 TSCA IUR reporting is from June 1 - September 1, 2011. However, there are proposed changes to what is required for submittal. These were drafted last July, but these changes have not yet been approved. EPA expects that the submittal requirements will be finalized by at least 30 days prior to the beginning of the reporting period (by May 1, 2011).

If approved as drafted, the majority of information required will be from 2010, however, there will also be additional production data required from the years 2006 - 2010.

Caltha LLP provides expert environmental consultant services in Michigan to determine IUR applicability and thresholds, prepare IUR report submittals, and to develop cost effective chemical tracking and reporting programs.

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

EPA - ECHA Partnership To Share Chemical Data

U.S. EPA and the European Chemicals Agency (ECHA) have announced a partnership to promote enhanced technical cooperation on chemical management activities. ECHA implements the European Union’s chemical management program known as REACH (Registration, Evaluation, Authorization, and Restriction of Chemicals). The partnership was formalized through a statement of intent at the Transatlantic Economic Council (TEC) meeting in Washington, D.C. The statement describes a process for cooperating on a range of issues of mutual interests including toxicity testing, the hazard and risk assessment of chemicals, risk management tools, scientific collaboration, and information exchange.

A major area of collaboration will be in the exchange of data and information between ECHA and EPA, including non-confidential information on hazards, uses, and substance identification, and data collected under REACH. The two agencies will also share criteria for managing confidential business information (CBI).

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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

Petition to Ban Lead in Fishing Equipment

On August 3, 2010, the American Bird Conservancy and a number of other groups petitioned EPA under Section 21 of the Toxic Substances Control Act (TSCA) to "prohibit the manufacture, processing, and distribution in commerce of lead for shot, bullets, and fishing sinkers." On August 27, 2010, EPA denied the portion of the petition relating to lead in ammunition because the agency does not have the legal authority to regulate this type of product under TSCA.

EPA has now also denied the petition calling for a ban on the manufacture, use and processing of lead in fishing gear. EPA determined that the petitioners had not demonstrated that the requested rule is necessary to protect against an unreasonable risk of injury to health or the environment, as required by the Toxic Substances Control Act (TSCA). Considering the increasing number of limitations on the use of lead fishing gear on some federal and state lands, as well as various education and outreach activities, EPA questioned whether a national ban on lead in fishing gear would be the least burdensome, adequately protective approach to address the concern, as required under TSCA. EPA also notes that the prevalence of non-lead alternatives in the marketplace continues to increase.

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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

US EPA Action Plan for BPA

The U.S. Environmental Protection Agency (EPA) recently announced a number of actions to address the potential effects of bisphenol A (BPA), a chemical used in the manufacture of a wide range of consumer and industrial products. The BPA action plan focuses on the environmental impacts of BPA and will look to add BPA to EPA’s list of chemicals of concern and require testing related to environmental effects.

In December, EPA announced that it will, for the first time, use its authority under the Toxic Substances Control Act (TSCA) to list chemicals that may present an unreasonable risk of injury to health or the environment. These actions are part of the agency’s efforts to strengthen EPA’s chemical management program, utilizing current authorities to the fullest extent possible, while continuing to encourage legislative reform of TSCA, which has not been updated since 1976.

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

For further information contact Caltha LLP at
info@calthacompany.com
or
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Mercury Export Ban Act - Additional Restrictions on Mercury

In October 2008, the Mercury Export Ban Act of 2008 was signed into law. The Act amendments the existing Toxic Substances Control Act (TSCA). The Act, sponsored by Senator Barack Obama, places controls on the use, export and storage of elemental mercury. Key elements of the Act are:

PROHIBITION ON SALE, DISTRIBUTION, OR TRANSFER OF ELEMENTAL MERCURY BY FEDERAL AGENCIES. Beginning in October 2008, no Federal agency can convey, sell, or distribute to any other Federal , State or local government agency, or any private individual or entity any elemental mercury.

PROHIBITION ON EXPORT OF ELEMENTAL MERCURY. Effective in 2013, the export of elemental mercury will be banned. This part also requires that a report be made to Congress by October 2009 that summarizes the current and projected production, uses and export of mercury from the US. This part also offers case-by-case exemptions for "essential uses" of mercury for which suitable alternatives are not available.

LONG-TERM STORAGE. The Mercury Export Ban Act also requires that the Federal government create by 2013 storage facilities for mercury wastes generated in the US.

Caltha LLP provides expert environmental consultant services in Michigan to obtain environmental permits, evaluate regulatory requirements, and to develop cost effective compliance programs.

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