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Showing 85 posts by Mark N. Duvall.

The TSCA Inventory Reset Begins

Virtually all manufacturers and importers of chemicals for the past 11 years are now subject to a new TSCA reporting requirement known informally as the TSCA Inventory Reset. Reports are due by February 7, 2018.  All processors of chemicals have an opportunity and an incentive to report as well, and may do so by October 5, 2018. The final Inventory Reset rule was released on June 22 and published on August 11, 2017,[1] and is effective immediately. The final rule is available here.  It will be codified as 40 C.F.R. Part 710, Subpart B. Read More ›

EPA Releases Final Guidance on TSCA Section 8(a) Nanomaterial Reporting Rule

The Environmental Protection Agency (EPA) released the Working Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce (Guidance)[1] on August 14, 2017.  EPA developed the final Guidance based on a draft guidance published for comments in May 2017 (see B&D Alert from May 23, 2017).  Note that August 14, 2017 was also the effective date of the TSCA Section 8(a) Nanomaterial Reporting rule itself. Read More ›

EPA Releases TSCA Final Rule on Prioritization of High-Priority and Low-Priority Chemical Substances

Under the amended TSCA, prioritization – EPA’s process for selecting which chemical substances to evaluate for possible regulation – is the gatekeeper. EPA has just adopted a final rule describing its process for selecting chemicals for designation as a high or a low priority for a risk evaluation.  Only those designated as High-Priority will receive detailed scrutiny; a decision on whether or not they present an unreasonable risk to health or the environment under the conditions of use; and risk management requirements (where a finding of unreasonable risk is made). Read More ›

EPA’s Risk Evaluation Framework Rule Incorporates Key Industry Suggestions

Under the 2016 TSCA amendments, risk evaluation is the critical step toward EPA banning or restricting chemicals, or else determining that they will not be regulated. As required by those amendments, EPA has promulgated a final rule governing the risk evaluation process for the foreseeable future.  This important development means that stakeholders have a better idea of how they can impact EPA’s review of chemicals important to them. Read More ›

EPA Unveils Scoping Analysis for Risk Evaluations under Amended TSCA, Requests Comments on the First Ten Chemicals

The Environmental Protection Agency (EPA) has issued the three framework rules called for by the amended Toxic Substances Control Act (TSCA) to direct future review of chemical risks.  Without waiting for those rules, however, EPA had previously launched risk evaluations for the initial ten chemical substances.  On June 22, 2017, EPA posted the scope documents (follow the links under “First ten chemicals for Risk Evaluation”) for those substances.  They present a less complete scoping process than what the scope analysis will look like in the future.  For each of the ten chemicals, EPA has opened dockets for public comments.  The next step for these ten chemical substances is problem formulation . Read More ›

EPA’s Risk Evaluation Framework Rule Incorporates Key Industry Suggestions

Under the 2016 TSCA amendments, risk evaluation is the critical step toward EPA banning or restricting chemicals, or else determining that they will not be regulated.  As required by those amendments, EPA has promulgated a final rule governing the risk evaluation process for the foreseeable future.  This important development means that stakeholders have a better idea of how they can impact EPA’s review of chemicals important to them. Read More ›

OSHA Proposes December 1, 2017 Deadline for First Phase of Electronic Reporting, Foreshadows Rulemaking on Anti-Retaliation Provisions

On June 28, 2017, OSHA published a proposed rule in the Federal Register delaying the initial compliance deadline for the electronic submission of worker injury and illness logs to December 1, 2017. Read More ›

Unique Identifiers: A Little-Noticed TSCA Provision Could Have a Big Impact on CBI

Protection for confidential business information (CBI) could be at risk under one provision of the amended Toxic Substance Control Act (TSCA) now under consideration by EPA.  Read More ›

The TSCA Inventory Reset Clock to Start Ticking

Virtually all manufacturers and importers of chemicals for the past 11 years are now subject to a new TSCA reporting requirement known informally as the TSCA Inventory Reset.  Reports will be due six months after the final rule is published.  All processors of chemicals have an opportunity and an incentive to report as well.  EPA released a prepublication version of the final Inventory Reset rule on June 22, 2017. Read More ›

EPA Releases TSCA Final Rule on Prioritization of High-Priority and Low-Priority Chemical Substances

Under the amended TSCA, prioritization – EPA’s process for selecting which chemical substances to evaluate for possible regulation – is the gatekeeper.  EPA has just adopted a final rule describing its process for selecting chemicals for designation as a high or a low priority for a risk evaluation.  Only those designated as High-Priority will receive detailed scrutiny; a decision on whether or not they present an unreasonable risk to health or the environment under the conditions of use; and risk management requirements (where a finding of unreasonable risk is made). Read More ›