EPA Releases Fall 2020 Regulatory Agenda

Wednesday, December 16, 2020

EPA just lately launched its Fall 2020 Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions (regulatory agenda), which incorporates a number of necessary updates to deliberate actions below the Poisonous Substances Management Act (TSCA) (15 U.S.C. § 2601 et seq.), regarding part 5 pre-manufacture notification (PMN) content material and assessment procedures, part 6 danger analysis and administration for present chemical substances, CBI declare procedures, danger analysis charges, and chemical knowledge assortment. Whereas the Biden administration could considerably change the regulatory agenda in step with its priorities, under we summarize facets of the present plan affecting chemical management regulation.

New Chemical Critiques  

EPA confirmed its plans to suggest a rule by Could 2021 to revise the TSCA new chemical assessment rules (40 C.F.R. Half 720). The revisions are meant to “align [EPA’s] processes and procedures with the brand new statutory necessities” for PMN decision-making from the Lautenberg Chemical Security Act of 2016. The rule revisions are also meant to “enhance the effectivity of EPA’s assessment course of” for PMNs. This shall be completed by “increas[ing] the standard of knowledge initially submitted in new chemical substances notices and improv[ng] the Company’s processes to cut back pointless rework within the danger evaluation.” Growing preliminary PMN high quality and lowering rework will assist the Company tackle ongoing challenges to finishing PMN critiques throughout the statutory 90-day assessment interval. Whereas EPA is barred from requiring a minimal knowledge set for PMN purposes, per se, the Company could elaborate on and increase the data required below present classes. The rule additionally could tackle points reminiscent of higher aligning new chemical discover procedures with TSCA’s transparency necessities.

Vital New Use Guidelines (SNUR)

EPA’s long-awaited closing rule updating the hazard communication necessities within the TSCA SNUR rules (40 C.F.R. Half 721) is nominally scheduled to be launched in October 2021. Initially deliberate for completion in 2017, the schedule for publishing a closing rule has been prolonged a number of instances. Amongst different issues, proposed amendments have been meant to align the TSCA SNUR rules for hazard communication with the revised Occupational Security and Well being Administration (OSHA) hazard communication normal (HCS). The OSHA HCS was up to date in 2012 to align with model Three of the Globally Harmonized System of Classification and Labelling of Chemical compounds. EPA additionally proposed permitting producers, importers, and processors to think about removing by wastewater therapy in calculating floor water concentrations when so laid out in a selected SNUR that features a restriction on releases to water. 

Danger Administration Guidelines

In response to an industry-led petition for rulemaking submitted to EPA earlier this 12 months, EPA plans to suggest a procedural rule for figuring out TSCA danger administration controls and exemptions for present chemical substances which have accomplished danger analysis and are discovered to current unreasonable dangers in reference to a number of of their situations of use.  EPA plans to publish the proposed rule in October 2021. The rule is predicted to determine constant danger administration guidelines and normal procedures for Company collaboration and stakeholder enter.

This procedural rule will come too late, nonetheless, for these of the primary 10 chemical substances to endure TSCA danger analysis and located to current unreasonable dangers. EPA should suggest danger administration guidelines for these substances inside one 12 months of the willpower. To this point, this contains:

EPA additionally accomplished danger evaluations for carbon tetrachloride, trichloroethylene, and perchloroethylene, however these have been accomplished too late to incorporate their danger administration guidelines within the regulatory agenda.  Proposed danger administration guidelines for these substances are anticipated in November 2021, November 2021, and December 2021, respectively.

As required by TSCA part 6(h), EPA additionally plans to challenge in December 2020 TSCA danger administration guidelines for the next 5 TSCA “Work Plan” substances asserted to be persistent, bioaccumulative, and poisonous:

Danger Analysis Info Assortment from Trade

In a strategic shift, EPA deferred till fall of 2021 a deliberate TSCA §8(a) rule to assemble publicity and launch info for the remaining TSCA Work Plan chemical substances not already below assessment below TSCA part in some method. As an alternative, in March 2021, EPA plans to challenge a closing TSCA part 8(d) rule that may require the producers and importers of the 20 Excessive-Precedence Substances at the moment present process danger analysis to assessment their recordsdata and submit copies of any unpublished well being and security research regarding these substances to tell the Company’s ongoing danger evaluations. The deliberate rule additionally would require submission of unpublished well being and security research from producers and importers of 30 organohalogen flame retardants to tell danger evaluation by EPA and the Shopper Product Security Fee (CPSC). 

PFAS Chemical Knowledge Reporting. 

The fiscal 12 months 2020 Nationwide Protection Authorization Act (NDAA) obligated EPA to undertake various regulatory actions regarding per- and polyfluoroalkyl substances (PFAS). The regulatory agenda discloses EPA’s present plan to implement a few of these necessities, together with a TSCA one-time reporting rule for PFAS manufactured or imported after January 1, 2011, which is scheduled for proposal in April 2021, and revisions to the EPCRA Toxics Launch Stock (TRI) reporting guidelines to routinely add sure PFAS to the reporting checklist, anticipated to be issued as a closing rule in January 2021.

Confidential Enterprise Info Procedures

EPA plans to challenge a proposed rule in September 2021 to amend procedures for making CBI claims in TSCA submissions, “together with substantiation necessities, exemptions, digital reporting enhancements, and upkeep or withdrawal of confidentiality claims.” It could additionally tackle EPA’s procedures for reviewing CBI claims and speaking with submitters about confidentiality claims. 

TSCA Danger Analysis Charges

TSCA requires EPA to assessment and alter each three years the charges relevant to TSCA new chemical notices and exemption purposes, producers topic to TSCA check guidelines and orders, and producers of chemical substances present process TSCA danger evaluations. A proposed rule to amend present charges is deliberate for December 2020 with a closing rule due in October 2021. In adjusting the charges, EPA is predicted to suggest an exemption from danger analysis charges not less than for chemical producers and importers who solely (1) import the chemical as a part of an article; (2) produce the chemical as a byproduct; or (3) produce or import the chemical substance as an impurity. These revisions observe EPA’s enforcement discretion memorandum, launched in March 2020, offering “no motion assurance” for these three classes of producers.  Different exemptions, reminiscent of for R&D chemical substances, additionally could also be proposed.