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EPA to Host Call Regarding TSCA Fees

Wednesday, April 15, 2020

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The U.S. Environmental Protection Agency has announced in an emailed press release that it is hosting a call on the recently announced plan to reduce burden for certain stakeholders who are subject to the Toxic Substances Control Act Rule requirements for risk evaluations.

The call comes a few weeks after the agency announced its plan considering a proposed rule that would look at potential exemptions. The consideration is in response to stakeholder concerns about implementation challenges.

Some Background

The EPA announced that it was looking into the fees earlier this month. The TSCA Fees Rule mandates that manufacturers (including importers) of each chemical prioritized for risk evaluation are responsible for paying the fee associated with those evaluations.

As a first step, the agency extended the comment period by 60 days for the preliminary lists of manufacturers subject to fees associated with EPA-initiated risk evaluations. That comment period ran through March 27.

© iStock / Skyhobo

The U.S. Environmental Protection Agency has announced in an emailed press release that it is hosting a call on the recently announced plan to reduce burden for certain stakeholders who are subject to the Toxic Substances Control Act Rule requirements for risk evaluations.

This public comment period provided an opportunity for all manufacturers of these 20 high-priority chemicals to report to EPA and identify whether they are actively involved in the manufacture and/or import of these chemicals.

That preliminary list of companies was published in January, shortly after the chemicals list.

The Chemicals

The EPA announced that the list of 20 chemicals to undergo risk evaluation under the Toxic Substances Control Act, which were initially flagged at high-priority in March 2019, was moving forward to public comments in August.

In December, the EPA announced that it had finalized the list.

The EPA issued documents for each substance that describes chemical-specific information, analysis and basis that the EPA used to support the proposed designation and comments were due by Nov. 21.

The 20 proposed high-priority chemicals include seven chlorinated solvents, six phthalates, four flame retardants, formaldehyde, a fragrance additive and a polymer precursor.

The full list includes:

  • p-Dichlorobenzene;
  • 1,2-Dichloroethane;
  • trans-1,2- Dichloroethylene;
  • o-Dichlorobenzene;
  • 1,1,2-Trichloroethane;
  • 1,2-Dichloropropane;
  • 1,1-Dichloroethane;
  • Dibutyl phthalate (DBP) (1,2-Benzene- dicarboxylic acid, 1,2- dibutyl ester);
  • Butyl benzyl phthalate (BBP) - 1,2-Benzene- dicarboxylic acid, 1- butyl 2(phenylmethyl) ester;
  • Di-ethylhexyl phthalate (DEHP) - (1,2-Benzene- dicarboxylic acid, 1,2- bis(2-ethylhexyl) ester);
  • Di-isobutyl phthalate (DIBP) - (1,2-Benzene- dicarboxylic acid, 1,2- bis-(2methylpropyl) ester);
  • Dicyclohexyl phthalate;
  • 4,4'-(1-Methylethylidene)bis[2, 6-dibromophenol] (TBBPA);
  • Tris(2-chloroethyl) phosphate (TCEP);
  • Phosphoric acid, triphenyl ester (TPP);
  • Ethylene dibromide;
  • 1,3-Butadiene;
  • 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB);
  • Formaldehyde; and
  • Phthalic anhydride.

At the end of last month, the EPA issued a statement saying that it was taking a look at the rule.

The agency said it plans to initiate a new rulemaking process to consider proposing exemptions to the current rule’s self-identification requirements associated with risk evaluations for manufacturers that:

  • Import the chemical substance in an article;
  • Produce the chemical substance as a byproduct; and
  • Produce or import the chemical substance as an impurity.

What Now

The call, which is slated for 1 p.m. EDT, April 16, is set to cover:

  • TSCA fees rule requirements and processes associated with EPA-initiated risk evaluations;
  • The EPA’s March 25, rulemaking announcement and “No Action Assurance” and the implications for certain manufacturers who: (1) import a high-priority chemical in an article; (2) produce a high-priority chemical as a byproduct; and (3) produce or import a high-priority chemical as an impurity; and
  • Reporting obligations during the current comment period for the preliminary lists of fee payers, closing May 27.

You can register for the call here.

   

Tagged categories: Environmental Controls; EPA; EPA; Government; NA; North America; Regulations

Comment from Tom Schwerdt, (4/15/2020, 8:22 AM)

Why should the rules not apply if you are creating the toxic substance as a "byproduct" or "impurity"? That seems to undermine the entire purpose of the rule, as companies would be more likely to dump a byproduct or impurity than the actual product.


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