New formaldehyde emissions standards, record-keeping and labeling provisions in composite wood products will now take effect on June 1 due to a Northern California U.S. District Court decision in a lawsuit over the Environmental Protection Agency's delay of the compliance date. But Toxic Substances Control Act import certification requirements for composite wood products will still take effect March 22, 2019, the delayed compliance date set by a 2017 EPA final rule partially vacated by the court.

The Environmental Protection Agency is proposing substantial new user fees for activities it conducts under Sections 4, 5 and 6 of the Toxic Substances Control Act. Under the proposed rule, the user fees, which reach from about $1,000 to into the millions of dollars, depending on the activity and business size, would begin on Oct. 1, 2018. Authorized by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the user fees will allow EPA to “defray some of the costs of administering certain TSCA requirements,” it said.

The Environmental Protection Agency is again amending its recently issued final rule on formaldehyde in composite wood products to update references throughout the regulations to certain voluntary industry standards, it said in a final rule. The industry standards have each been updated or withdrawn and superseded since EPA issued its final rule in December 2016 (see 1612120022 and 1607280021). The agency had withdrawn an October direct final rule issued to update the standards after receiving adverse comment (see 1712080018), and is now issuing a final rule for the same purpose after considering the input, EPA said. EPA has delayed until December 2018 the compliance dates for the regulations (see 1709190032), which set emissions standards and import certification requirements for composite wood products. The final rule takes immediate effect.

The Environmental Protection Agency will not finalize a proposed requirement that importers and exporters of hazardous waste post documents associated with their shipments to a publicly available website, it said in a final rule. Although the agency will move forward with another aspect of its November 2016 proposal (see 1611250029), no longer allowing importers and exporters of hazardous waste and exporters of cathode ray tubes to claim confidentiality for documents and data related to these activities, the agency determined that the temporary “internet posting” aspect of its proposal imposed unnecessary confusion on importers and exporters of hazardous waste. Instead, the agency will wait until it develops its upcoming Waste Import Export Tracking System (WIETS) to be able to receive electronic submissions of import and export documentation for hazardous waste shipments, it said. Provisions of the final rule barring confidentiality claims for hazardous waste exports and imports take effect June 26, 2018.

The Environmental Protection Agency is extending until Jan. 11, 2018, the period for comments on proposed new reporting requirements that would apply to importers and exporters of mercury, mercury compounds and products containing mercury, it said. Under the proposed rule, persons who import or manufacture mercury, intentionally use mercury in a manufacturing process, distribute mercury in commerce, store mercury after manufacture or import, or export mercury would be required to electronically report every three years the amount of mercury they handle and certain use-specific information, such as the country of origin of their imports (see 1710250016). Comments on the proposed rule had previously been due Dec. 26.

The Environmental Protection Agency is withdrawing changes to its recently issued final rule on formaldehyde in composite wood products that would have updated references throughout the regulations to certain voluntary industry standards. EPA said it received adverse comments on its October direct final rule (see 1710240036), which would have adopted industry standards that have been updated or withdrawn and superseded since EPA issued its final rule in December 2016 (see 1612120022 and 1607280021). EPA's direct final rule will now no longer take effect Dec. 12, and the agency will instead consider the changes as a proposed rule under normal notice and comment procedures, it said.

The Environmental Protection Agency will revise small business size standards for an exemption from Toxic Substances Control Act Section 8(a) Preliminary Assessment Information Reporting requirements for manufacturers, importers and processors of certain chemicals, it said. The current threshold of $4 million, or $40 million when combined with a parent company if production of the chemical at any individual site doesn’t rise above 45,400 kilograms, falls well below small business thresholds for exemptions from similar regulations, EPA said. The agency will provide more opportunity for comment before it finalizes any actual changes to the size standard, it said.

The Environmental Protection Agency is amending its recently issued final rule on formaldehyde in composite wood products to update references throughout the regulations to certain voluntary industry standards, it said in an direct final rule. The industry standards have each been updated or withdrawn and superseded since EPA issued its final rule in December 2016 (see 1612120022 and 1607280021). EPA recently delayed until December 2018 the compliance dates for the regulations (see 1709190032), which set emissions standards and import certification requirements for composite wood products. The direct final rule takes effect Dec. 11, unless comments opposing the changes are received by Nov. 9, in which case EPA would consider the changes under a concurrently issued proposed rulemaking.

The Environmental Protection Agency is issuing a significant new use rule (SNUR) under the Toxic Substances Control Act (TSCA) for a bimodal mixture consisting of multi-walled carbon nanotubes and other classes of carbon nanotubes, it said in a final rule. As a result of the SNUR, persons planning to manufacture, import or process the carbon nanotube mixture for an activity that is designated as a significant new use by this rule are to notify EPA at least 90 days in advance. The final rule takes effect Nov. 2.

The Environmental Protection Agency is setting new significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 37 chemical substances that were the subject of premanufacture notices (PMNs), in a direct final rule. As a result of the SNURs, persons planning to manufacture, import or process any of the chemicals for an activity that is designated as a significant new use by this rule are required to notify EPA at least 90 days in advance. The final rule takes effect Nov. 20.