URGENT EPA UPDATE – What is going on with all of these USEPA regulations this year?


EPA—Final Stage

Procedures for Evaluating Existing Chemical Risks Under TSCA

(RIN 2070-AK20June 22, 2017 – EPA released the scope documents for the first ten chemicals for which risk evaluation has been initiated under amended TSCA. Additional information here.

Procedures for Prioritization of Chemicals for Risk Evaluation Under TSCA

(RIN 2070-AK23)  - By December 22, 2019, EPA must have designated at least 20 chemical substances as High-Priority and 20 chemical substances as Low-Priority.  Additional information here.

Published 7/20/17
Effective 9/18/2017

EPA issued two Final Rules

EPA issued two Final Rules to amend the process by which the agency prioritizes and evaluates chemicals to determine whether they pose undue risks to human health or the environment.

EPA has authority to evaluate and regulate chemicals in commerce under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act . As of September 19, 2017, 33 new chemical reviews were completed in August 2017 and 1077 new chemical reviews have been completed since enactment.

TSCA Inventory Notification Active-Inactive Reporting Requirement

RIN 2070-AK24 Final rule is effective on August 11, 2017. Additional information here.

Final Rule Promulgated 8/11/2017
(Covers the period between 6/21/06-6/21/16)

The “inventory reset rule” ( EPA promulgated a Final Rule on August 11, 2017) requires chemical manufacturers and importers to report on ten years of chemical manufacturing and import data to determine for EPA which of the 85,000 chemicals on the TSCA inventory are “active” in commerce, and which aren’t.

User Fee Schedule for the Electronic Hazardous Waste Manifest

(RIN 2050-AG80)
Final Rule Expected by end of Q4 2017

EPA continues to develop an “e-Manifest” system for electronic tracking of hazardous waste shipments.

Rule to include:

  • Fee program and schedule;
  • Date EPA will be ready to transmit and receive manifests through the e-Manifest system; and
  • Date shippers and carriers must comply with new e-Manifest regulations.

Non-hazardous Secondary Materials—Additions to List of Categorical Non-Waste Fuels; Other Treated Railroad Ties

(RIN 2050-AG83)
Final Rule Expected by end of Q4 2017

EPA adding railroad ties treated with creosote-borate, copper naphthenate, and copper naphthenate-borate to the list of categorical non-waste fuels found at 40 CFR 241.4(b).

Amendment to Standards and Practices for All Appropriate Inquiries under CERCLA

(RIN 2050-AG94)
Final rule effective 9/18/17

Rule recognizes an updated ASTM consensus standard as compliant with the All Appropriate Inquiries Rule under CERLCA at 40 CFR 312.

EPA—Proposal Stage

Definition of “Waters of the United States” – Recodification of Preexisting Rules

(RIN 2040-AF74)
Proposed rule published 7/2017 – expectation is tied up in bureaucracy for extended time as rule is controversial.

Pursuant to Executive Order 13778, EPA is reviewing the revised definition of “Waters of the United States” (WOTUS), which expanded the applicability of major Clean Water Act programs  Don’t expect any progress soon…this one will be litigated, commented and protested extensively.

Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations

(RIN 2050-AG92)
Proposed rulemaking in Q2 2018.

EPA is considering a proposal to list aerosol cans as universal waste at 40 CFR 273, thereby streamlining the management standards for this common waste stream.

Review of Primary National Ambient Air Quality Standards (NAAQS) for Nitrogen Dioxide

(RIN 2060-AR57)
EPA proposed a rule to retain the current NAAQS for nitrogen dioxide, without revision for five more years. Signature of a proposed determination by July 14, 2017, and a final determination by April 6, 2018.

EPA—Developmental Stage

TSCA Reporting and Record keeping Requirements; Standards for Small Manufacturers and Processors

(RIN 2070-AK29)

EPA is reviewing the impact of TSCA chemical reporting and recordkeeping requirements on small businesses.  No specific actions have been proposed and will help EPA reduce the regulatory burden small businesses face under current TSCA regulations (or not).

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