The Environmental Protection Agency will allow more time for comments on two recent proposals that would ban the use of trichloroethylene (TCE) for certain uses, it said (here). Comments are now due March 16 on a December proposed rule that would prohibit the manufacture (including import), processing and distribution in commerce of TCE for use in aerosol degreasing and for spot cleaning in dry cleaning facilities; prohibit the commercial use of TCE for aerosol degreasing and for spot cleaning in dry cleaning facilities; and require manufacturers, processors and distributors, except for retailers, to provide downstream notification of these prohibitions throughout the supply chain as well as associated recordkeeping requirements (see 1612160034). The period for comments is extended until April 19 on a January proposed rule (here) that would "prohibit the manufacture (including import), processing and distribution in commerce of TCE for use in vapor degreasing; prohibit commercial use of TCE in vapor degreasing; require manufacturers, processors and distributors, except for retailers of TCE for any use, to provide downstream notification of these prohibitions throughout the supply chain; and require limited recordkeeping.
A delay to the effective date of the Environmental Protection Agency’s final rule setting formaldehyde emission standards and certification requirements for composite wood products does not affect the dates importers and manufacturers are required to comply with the new regulations, an EPA spokesman said. EPA recently delayed the effective date of its final rule until March 21 to comply with a presidential memorandum (see 1701250022). Under the final rule (see 1607280021), issued in December (see 1612120022), importers must comply with emissions standards and recordkeeping requirements for most composite wood products beginning in December 2017, and must comply with importer certification requirements beginning in December 2018. Compliance with emissions standards for laminated products is required beginning in 2023.
The Environmental Protection Agency is delaying until March 21 the effective date of its recent final rule setting formaldehyde emissions standards and certification requirements for manufacturers and importers of composite wood products (here). The delay, which also affects 29 other recently issued EPA regulations, was directed by a memorandum issued by the Trump administration on Jan. 20 (see 1701230031). Another recently issued final rule setting reporting requirements for nanoscale materials was not affected. The formaldehyde rule was originally set to take effect Feb. 10 (see 1607280021 and 1612120022). EPA’s notice does not mention any changes to the dates manufacturers and importers must comply with the new regulations, currently Dec. 12, 2017, for most products but as late as Dec. 12, 2023, for laminated woods. EPA did not comment.
The Environmental Protection Agency is withdrawing significant new use rules (SNURs) it recently set for two chemical substances, it said (here). EPA said it received objections to two of the 57 SNURs the agency set in a November final rule (see 1611170029), so it will soon begin a formal rulemaking process for those two chemicals with a notice and comment period. The SNURs, which covered a bimodal mixture consisting of multi-walled carbon nanotubes and other classes of carbon nanotubes (generic) (PMN No. P-11- 482) and carbon nanotubes (generic) (PMN No. P-15-54), took effect Jan. 17.
The Environmental Protection Agency is proposing new labeling and certification requirements for manufacturers of pipes, fittings, fixtures, solder and flux for drinking water (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. 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 on the proposed rule are due April 17.
The Environmental Protection Agency is proposing regulations (here) establishing the criteria and procedures for identifying chemicals as high- or low-priority for risk evaluations required by the recent Toxic Substances Control Act reform legislation. The proposed prioritization procedures are “the initial step in a new process of existing chemical substance review and risk management activity established under recent amendments to TSCA” under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, signed into law in June (see 1606220023). “This proposed rule does not propose to establish any requirements on persons or entities outside of the Agency,” EPA said. “This action may, however, be of interest to entities that are or may manufacture or import a chemical substance regulated under TSCA.” Comments are due March 20.
The Environmental Protection Agency is allowing more time for comments on proposed reporting requirements for three chemical substances, including functionalized carbon nanotubes, under a significant new use rule (here). The SNUR, proposed in October (see 1610260014), would require notification to EPA at least 90 days in advance of a new use by importers, manufacturers or processors. Comments on the proposed SNUR are now due March 3.
The Environmental Protection Agency is correcting a recent notice that set significant new use rules for 57 chemical substances, it said (here). The final rule, issued in November (see 1611170029), listed the wrong Chemical Abstract Service (CAS) Registry Number for one chemical, and the wrong name for another, it said. The technical correction is effective Jan. 17.
The Environmental Protection Agency proposed a ban on Trichloroethylene (TCE), a volatile organic compound widely used in industrial and commercial processes and has some limited uses in consumer and commercial products," the EPA said in a notice (here). The rule would address "prohibiting the manufacture (including import), processing, and distribution in commerce of TCE for use in aerosol degreasing and for spot cleaning in dry cleaning facilities; prohibiting the commercial use of TCE for aerosol degreasing and for spot cleaning in dry cleaning facilities; and requiring manufacturers, processors, and distributors, except for retailers, to provide downstream notification of these prohibitions throughout the supply chain as well as associated recordkeeping requirements," the agency said. Comments on the proposed rule are due Feb. 14.
The Environmental Protection Agency seeks comments on whether it needs to adjust its threshold for small business exemptions to Section 8(a) reporting and recordkeeping requirements under the Toxic Substances Control Act, it said (here). Currently, small businesses are mostly exempt if they have total annual sales of less than $40 million, including their parent company, and produce or import no more than 100,000 pounds or less of a given substance at any particular site, or if they have total sales of less than $4 million, regardless of the quantity produced or imported. EPA has preliminarily determined changes are warranted to the size standard based on inflation and the relatively low level of the threshold compared to Small Business Administration size standards. If it decides to make the changes it will begin a rulemaking through a notice in the Federal Register. Comments are due Jan. 17.