In a recent compliance advisory, the Environmental Protection Agency warned importers that failure to comply with pesticide regulations may lead to civil or criminal penalties. Devices that fail to comply with the Federal Insecticide, Fungicide, and Rodenticide Act could also result in a CBP “hold or denial at a port of entry, the issuance of a Stop Sale, Use, or Removal Order (SSURO)" or seizure, the advisory said.

The Environmental Protection Agency issued its first notices of violation under the American Innovation and Manufacturing Act of 2020, for not following the agency's new allowance system when importing hydrofluorocarbons (HFCs). The 2023 allowances for HFCs were announced Oct. 7, 2022, as part of the “phasedown” of HFCs (see 2210070066). “Compliance with the allowance system is critical to assuring the success of the United States’ HFC phasedown program. Illegal imports undermine the phasedown, disadvantage companies who follow the rules, and contribute to global warming,” the agency said March 2.

The Environmental Protection Agency released a final rule March 3 setting new significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 29 chemical substances subject to Premanufacture Notices (PMNs). As a result of the SNURs, persons planning to manufacture, import or process any of the chemical substances for an activity designated as a significant new use by this rule are required to notify EPA at least 90 days in advance. Importers of chemicals subject to these SNURs will need to certify their compliance with the SNUR requirements, and exporters of these chemical substances will now become subject to export notification requirements. The final rule takes effect May 5. The SNURs cover the following:

The Environmental Protection Agency is updating its standards on formaldehyde in composite wood to incorporate recent changes to voluntary industry standards previously adopted into the regulations, it said in a Feb. 21 notice. In the final rule, EPA also is formally adopting its “interpretation” that remote inspections by third-party certifiers “are allowed in certain circumstances in the event of unsafe conditions such as the on-going COVID-19 pandemic or other unsafe conditions such as natural disasters, outbreaks, political unrest, and epidemics,” it said. Through the final rule, EPA also is making other “technical corrections and conforming changes,” including “updating standards within the definitions section, clarifying language as it relates to production, and creating greater flexibilities for the third-party certification process,” the agency said. The final rule takes effect March 23.

The EPA is proposing new reporting requirements under a significant new use rule for per- and poly-fluoroalkyl substances (PFAS) that have not been imported, manufactured or processed for many years and are consequently designated as inactive on the agency's Chemical Substance Inventory, it said in a notice released Jan. 25. The proposed SNURs would require notification to EPA at least 90 days in advance of a new use by importers, manufacturers or processors. Importers of chemicals subject to these proposed SNURs would need to certify their compliance with the SNUR requirements should these proposed rules be finalized, EPA said. Exporters of these chemicals would become subject to export notification requirements. Comments on the proposed SNURs are due by March 27.

The EPA is proposing to eliminate a de minimis exemption from reporting requirements for chemicals listed by the agency as chemicals of special concern. The agency’s Dec. 5 proposed rule, which also would add 180 per- and polyfluoroalkyl substances to the list, would “make the de minimis exemption unavailable for purposes of supplier notification requirements to downstream facilities for all chemicals on the list of chemicals of special concern, which also includes certain persistent, bioaccumulative and toxic chemicals like lead, mercury, and dioxins,” the EPA said in a news release. “This change will help ensure that purchasers of mixtures and trade name products containing these chemicals are informed of their presence in mixtures and products they purchase.” Comments are due by Feb. 3, 2023.

The Environmental Protection Agency published a final rule Dec. 2 setting new significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 32 chemical substances subject to Premanufacture Notices (PMNs). As a result of the SNURs, persons planning to manufacture, import or process any of the chemical substances for an activity designated as a significant new use by this rule are required to notify EPA at least 90 days in advance. Importers of chemicals subject to these SNURs will need to certify their compliance with the SNUR requirements, and exporters of these chemical substances will now become subject to export notification requirements. The final rule takes effect Jan. 31. The SNURs cover the following:

EPA is setting new emissions standards and test procedures for subsonic civil aircraft jet engines, replacing the existing “smoke standard” for those engines with a standard based on particulate matter, the agency said in a final rule released Nov. 22. “These standards and test procedures are equivalent to the engine standards adopted by the United Nations’ International Civil Aviation Organization (ICAO) in 2017 and 2020 and will apply to both new type design aircraft engines and in-production aircraft engines,” EPA said. EPA also is moving its existing standard to a new part of the Code of Federal Regulations, it said. The rule is effective Dec. 23.

The Environmental Protection Agency is proposing new reporting requirements for 25 chemicals under significant new use rules. The proposed SNURs would require notification to EPA at least 90 days in advance of a new use by importers, manufacturers or processors, it said in a notice published in the Oct. 31 Federal Register. Importers of chemicals subject to these proposed SNURs would need to certify their compliance with the SNUR requirements should these proposed rules be finalized, EPA said. Exporters of these chemicals would become subject to export notification requirements. Comments on the proposed SNURs are due by Nov. 30. The SNURs would cover the following chemical substances:

The EPA listed calendar year 2023 allowances for production and consumption of hydrofluorocarbons under its November final rule on the “phasedown” of hydrofluorocarbons (see 2109230054), in a notice released Oct. 7. The notice lists application-specific allowances for various companies and applications, as well as production allowances and consumption allowances. The notice also said it intends to retire some companies’ allowances “in accordance with the administrative consequences provisions established in the final rule.”