The Environmental Protection Agency will delay deadlines for compliance with new Toxic Substances Control Act formaldehyde emissions standards and import certification requirements for composite wood products, it said in a pre-publication copy of an upcoming final rule. Formaldehyde emissions standards, recordkeeping and labeling requirements are postponed one year, now taking effect Dec. 12, 2018, except for emissions standards, certification and testing requirements for laminated products, which take effect March 22, 2024, a delay of about four months. The compliance date for import certification provisions of the new regulations now is March 22, 2019, also a four month delay. EPA is also extending until March 2019 the transitional period during which California Air Resources Board (CARB) Third Party Certifiers (TPC) may certify composite wood products under TSCA without being accredited by EPA. The extension largely mirrors a delay announced in May but subsequently withdrawn (see 1705230019 and 1707060021). EPA issued its composite wood formaldehyde regulations in December 2016 (see 1607280021 and 1612120022).

The Environmental Protection Agency will require filing in the Automated Export System of electronic data for exports of hazardous waste as of Dec. 31, 2017, it said. As of that date, exporters and their authorized agents will no longer be able to use a paper process, EPA said. “All exporters of manifested hazardous waste, universal waste, and spent lead-acid batteries for recycling or disposal, and all exporters of cathode ray tubes for recycling will be required to file EPA information in the AES or AESDirect for each export shipment,” it said. EPA outlined electronic filing requirements for hazardous waste in a final rule issued in 2016 (see 1611010028).

The Environmental Protection Agency on Aug. 11 published its final rule setting new reporting requirements for importers, manufacturers and processors of chemical substances regulated under the Toxic Substances Control Act. Publication of the regulations starts the 180-day period for manufacturers and importers to report to EPA if they manufactured or imported any chemical substances listed on the TSCA Chemical Inventory for nonexempt commercial purposes between June 21, 2006, and June 21, 2016. Reports are due Feb. 7, 2018. After retrospective reporting is complete and substances are listed as “active” or “inactive,” manufacturers, importers and processors will be required to report to EPA within 90 days of beginning such activities for a chemical listed on the TSCA Inventory as inactive (see 1706270026).

The Environmental Protection Agency's final rules on chemical risk evaluations (see 1706260025) under the Toxic Substances Control Act reform legislation will take effect on Sept. 18, the agency said in notices. One set of new regulations (here) sets criteria for EPA to decide whether a chemical is low-risk and requires no further action, or is a high-risk chemical that needs immediate attention. Another EPA final rule (here) sets procedures for the risk evaluations, which may also be requested by manufacturers and importers.

The Environmental Protection Agency is withdrawing a recent notice delaying compliance dates for upcoming formaldehyde emissions standards and import certification requirements for composite wood products, it said (here). EPA said it received comments opposing the May 24 interim final rule, which would have delayed compliance dates by about four months until March 22, 2018, for general formaldehyde emissions standards, certification, testing and labeling requirements; March 22, 2024, for requirements for laminated products; and March 22, 2019, for import certification requirements (see 1705230019). EPA will now address the comments in an upcoming final rule under normal rulemaking procedures, it said.

The Environmental Protection Agency has finalized several regulatory changes necessary to implement Toxic Substances Control Act reform legislation enacted in 2016, it said June 22 (here). The agency released prepublication copies of final rules setting procedures and criteria for identifying high priority chemicals for agency evaluation (here), and setting the process for evaluating whether or not those chemicals pose an unreasonable risk to health or the environment (here). EPA also released its list of the first 10 chemicals it will designate for evaluation under the new law (here). Another prepublication copy of a final rule released by EPA sets reporting requirements for chemicals manufactured, imported or processed in the U.S. over the past 10 years (here). International Trade Today will have more information on these final rules in upcoming issues.

The Environmental Protection Agency is proposing new reporting requirements for certain carbon nanotubes under a significant new use rule (SNUR) (here). The proposed SNUR would require notification to EPA at least 90 days in advance from importers, manufacturers or processors that intend to use the chemicals. It would apply to a "bimodal mixture consisting of multi-walled carbon nanotubes and other classes of carbon nanotubes (generic)." Comments on the proposed SNUR are due July 10.

The Environmental Protection Agency is delaying compliance dates by about four months for upcoming formaldehyde emissions standards and import certification requirements for composite wood products set by a December final rule (see 1612120022), it said in a direct final rule (here). Formaldehyde emissions standards, certification, testing and labeling requirements now take effect March 22, 2018, except for emissions standards, certification and testing requirements for laminated products, which take effect March 22, 2024. Recordkeeping requirements for importers also take effect March 22, 2018, with importers required to keep bills of lading, invoices or comparable documents bearing a statement of Toxic Substances Control Act Title I and production records beginning on that date. Import certification requirements, including for composite wood products that are “articles” under CBP’s TSCA import regulations (see 1607280021), take effect March 22, 2019, EPA said. Comments on the extension are due June 8. If EPA receives comments opposing the extension it will withdraw its direct final rule and consider the comments under the normal rulemaking process by way of a concurrently issued proposed rule (here).

The Environmental Protection Agency is delaying until Aug. 14 the effective date of new reporting and recordkeeping requirements for manufacturers, importers and processors of nanoscale materials under Toxic Substances Control Act Section 8(a), it said (here). Under the final rule, issued in January (see 1701110014), importers of covered nanomaterials are subject to one-time reporting of manufacturing and safety data for each new nanomaterial 135 days prior to importation. Reporting will also be required for any nanomaterials imported during the three years prior to the effective date of the final regulations. The final rule was originally set to take effect May 12.

The Environmental Protection Agency will allow more time for comments on proposed new labeling and certification requirements for manufacturers of pipes, fittings, fixtures, solder and flux for drinking water, it said (here). EPA’s proposed rule would require importers and manufacturers of these products to label both on the product itself and on its packaging that the product meets mandatory lead limits (see 1701130034). Pipes, fittings and fixtures exempt from lead limits because they are intended for non-potable water would either have to be incompatible with potable water systems or labeled that they are illegal for use with drinking water. Importers and manufacturers would have to obtain third-party certification that they meet lead limits, or self-certify if they are a small business. Comments are now due May 17.