USA Regulatory News

On 7 April 2023, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed lowering the "No Significant Risk Level" (NSRL) for ethylene oxide under the Safe Drinking Water and T...

On 7 April 2023, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed lowering the "No Significant Risk Level" (NSRL) for ethylene oxide under the Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65 (Prop 65).  It was proposed to reduce the NSRL from 2 to 0.058 micrograms per day. Ethylene oxide has been identified as a known carcinogen under Proposition 65. The proposal is open for comments until May 23, 2023. 

Prop 65 requires the inclusion of warning statements when a company's product causes "exposure" to carcinogens or reproductive toxicants. There is no requirement for warnings when exposure is protected by the "safe harbour." The safe harbour for carcinogens is the "No Significant Risk Level" (NSRL), or the level of exposure that would cause no more than one additional case of cancer in a population of 100,000 exposed people, assuming exposure throughout a lifespan of 70 years. 

The US Environmental Protection Agency (EPA) has informed the WTO on changes in reporting requirements for per- and polyfluoroalkyl substances (PFAS) and supplier notifications for Chemicals of Specia...

The US Environmental Protection Agency (EPA) has informed the WTO on changes in reporting requirements for per- and polyfluoroalkyl substances (PFAS) and supplier notifications for Chemicals of Special Concern. On 6 December 2022, the WTO released a notification stating: ‘The Environmental Protection Agency (EPA) proposed a rule to add per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) pursuant to the National Defense Authorization Act for the Fiscal Year 2020 (NDAA) to the list of Lower Thresholds for Chemicals of Special Concern’. The reporting threshold for PFAS is already lower, at 100 pounds. The addition of PFAS to the list of chemicals of special concern will make them subject to the same reporting requirements as other chemicals of special concern. This would eliminate the use of the de minimis exemption and the option to use Form A, and limit the use of range reporting for PFAS. A more complete picture of the discharges and waste management volumes for PFAS will be obtained after eliminating the availability of these burden-reduction reporting options. In addition, the EPA is trying to remove the de minimis exemption from the Supplier Notification Requirements for all the chemicals in the list of special concerns. This step will make it possible to inform consumers who buy mixtures and brand-name items containing such compounds of their presence. 

On 2 December 2022, the US Environmental Protection Agency (EPA) released a notification for chemical substances that are the subject of premanufacture notifications (PMNs) and Microbial Commercial Ac...

On 2 December 2022, the US Environmental Protection Agency (EPA) released a notification for chemical substances that are the subject of premanufacture notifications (PMNs) and Microbial Commercial Activity Notices (MCANs).  The EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA). The SNURs mandate that anyone planning to manufacture (defined by legislation to include import) or process any of these chemical substances for an activity that is identified by this rule as a substantial new use, must notify the EPA at least 90 days prior to the start of that activity. The mandatory notice starts EPA's evaluation of the use within the relevant review period, under the conditions of use for that chemical substance. Nobody is permitted to start manufacturing or processing for a significant new use before the EPA has examined the notice, made an appropriate determination on the notice, and has taken the actions that are required by that determination. This new rule will be effective from 31 January 2023. 

New York state is preparing to ban the use of PFAS chemicals in manufacturing apparel and clothing. The measure is set to take effect on the final day of 2023.  Bill (S 6291A/A 7063A) was signed i...

New York state is preparing to ban the use of PFAS chemicals in manufacturing apparel and clothing. The measure is set to take effect on the final day of 2023.

 Bill (S 6291A/A 7063A) was signed into law that would ban PFAS in clothing by December 31, 2023. The bill was passed by the state legislature last May and officially signed into law on December 30, 2022.

The restrictions come into effect as major companies like Under Armour and certifying organizations like ZDHC agree to phase out the substance class from fabrics.

Companies have until the end of 2023, to comply with the original legislation; but, under the agreement, they will have until:

• 1 January 2025 to stop selling new common apparel with intentionally added PFASs – except protective work uniforms and heavy-duty outerwear.
• 1 January 2027, at the latest, to stop selling items containing PFASs over a threshold to be set by the Department of Environmental Conservation (DEC).
• 1 January 2028 to cease offering new "outdoor apparel for severe wet conditions" containing PFASs that are knowingly added or above a DEC-established amount.

Legislators are also expected to approve language that will ensure retailers won't be held accountable for an apparent violation if they can prove that they relied on a false certificate of compliance from a manufacturer. Violators of this bill will face a maximum $1,000 civil penalty for each day of offence and $2,500 per day for a repeat offence as set by the agreement.

On 5 December 2022, the US Environmental Protection Agency (EPA) put forward a proposal of adding 180 Per-and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI) and expanding the ...

On 5 December 2022, the US Environmental Protection Agency (EPA) put forward a proposal of adding 180 Per-and Polyfluoroalkyl Substances (PFAS) to the Toxics Release Inventory (TRI) and expanding the requirements in downstream notifications. The following proposal implies that the same rules will apply to the added 180 chemicals as for the others “chemicals of concern “meaning that the “de minimis” exemption will no longer be valid. It would also create more clarity in the release and waste-management for PFAS. Since the group of PFAS substances is common in small concentrations in many products – the proposal aiming for stricter requirements on PFAS would contribute to a better understanding of the substances presence on the market. Thus, eliminating the “loophole” that exempts industries from disclosing minor releases of PFASs recently added to the reporting scheme.

Moreover, the proposed removal of “de minimis” exemption for all chemicals of concern in the downstream notification will help purchasers of mixtures and trade name products containing such chemicals to be informed of their presence in the products. The current exemption waves the disclosure of PFAS substances list is below 1% of the concentration in mixtures and products.

EPA will accept feedback on the proposal until 3 February 2023.

The Toxics Release Inventory requires facilities to annually report releases of more than 700 substances above certain levels.

According to California air standards, businesses have roughly one month to phase out perchloroethylene from dry cleaning operations, but more state- and federal-level actions over the solvent are exp...

According to California air standards, businesses have roughly one month to phase out perchloroethylene from dry cleaning operations, but more state- and federal-level actions over the solvent are expected soon.

The ban takes effect on 1 January 2023 and was created by a 2007 California Air Resources Board (CARB) rule. By doing so, California will become the first US state to ban the use of potential carcinogens in dry cleaning. Companies must switch to any safer alternative for this major application of perchloroethylene (PERC).

The bill banning PERC was adopted in other US states, including Minnesota, Michigan, and Maine. Minnesota will phase out PERC in 2026. In Michigan, legislators introduced a bill (HB 6511) in November 2022,  to block dry cleaners from using the compound by the end of 2028 and if approved, the legislation will ban the production and sale in 2027. The state of Maine, situated on the east-coast implements state-level National Emission Standards for Hazardous Air Pollutants (NESHAP) for the substance’s dry-cleaning applications. And the regulations of the state of New York align with a related 2008 national rule that prohibited PERC dry cleaning machines in residential buildings from December 2020.

The Environmental Protection Agency (EPA) in the US is developing a TSCA risk management rule for PERC. PERC was one of the first ten chemicals to be subject to a risk evaluation under the amended 2016 law. When the risk management rule is finalized, it may preempt certain state legislation. 

The "Waste Management, Extended Producer Responsibility and Recycling Promotion" Bill No 20.920, popularly known as "The Bill" or "REP Bill," emphasizes waste generation reduction and recycling promot...

The "Waste Management, Extended Producer Responsibility and Recycling Promotion" Bill No 20.920, popularly known as "The Bill" or "REP Bill," emphasizes waste generation reduction and recycling promotion. It holds importers and producers financially responsible for properly managing the waste produced by goods sold on the domestic market. The goals of the Bill are to reduce waste creation and increase garbage reuse by up to 30%. By internalizing the costs and unfavorable externalities related to waste management.  

Moreover, another bill called the Bill of Natural Resources and Environment which aims to ensure that waste producers do not escape their responsibility for their waste. The Bill establishes the concept of "Extended Producer Responsibility (EPR)," which requires importers and producers of specific goods designated as "priority products" to plan and finance the collection and treatment of the waste using a management system. 

Even though the Extended Producer Responsibility Act has been in effect since the middle of 2016, there are some provisions that, to be enforced, call for a competent authority to issue Supreme Decrees outlining the instruments intended to prevent waste production and advance its valuation. 

In 2022 the environment ministry of Chile released its biennial regulatory program, which includes plans to increase extended producer responsibility and put a special emphasis on information availability. There is no deadline for the government to disclose its Risk Assessment Resolution on the agenda. A period of 18 months was set forth by Supreme Decree 57/2021 on 9 February 2021 for the country to pass the resolution. 

The priority products covered by any supreme decree that establishes recollection objectives must be mentioned by it. This includes the classifications or subcategories it enforces, the recall objectives, the related duties, the producers it binds, and the limitations placed on an individual or collective management systems.