USA Regulatory News

The US Environmental Protection Agency (EPA) publishes new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that are subject to premanufacture notices (PMNs). ...

The US Environmental Protection Agency (EPA) publishes new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that are subject to premanufacture notices (PMNs).

This new rule means that concerned persons have to notify EPA at least 90 days before manufacturing or import takes place. It also applies to processing any chemical substance under TSCA for an activity that is tagged as significant new use by the new rule. Therefore, concerned persons cannot comment manufacturing or processing of chemicals for the significant new use until they have submitted a Significant New Use Notice (SNUN) and EPA has made the notice determination, which comes after reviewing the notice.

The new rule will come into force on August 26, 2022, after its promulgation on July 11, 2022.

To prohibit the ongoing uses of asbestos at a greater level, the US EPA has agreed to extend by a month the public comment period for consultation on its April 12 proposed TSCA section 6(a) rule. The ...

To prohibit the ongoing uses of asbestos at a greater level, the US EPA has agreed to extend by a month the public comment period for consultation on its April 12 proposed TSCA section 6(a) rule. The new deadline is July 13, 2022.

Several groups that have requested time extension include the American Chemistry Council, the Chlorine Institute, and the US Chamber of Commerce. This extra consultation time that lasts until July 13, 2022, allows businesses to respond more comprehensively to the issues for which EPA requests more detailed information, which in turn also aids EPA in creating a more robust and systematic final risk assessment rule.

Under the EPA’s Significant New Alternatives Policy (SNAP) programme, the proposal to list three hydrofluorocarbons (HFC) blends as acceptable substitutes for Ozone-depleting Substances (ODSs) in the foam blowing sector was withdrawn. It was believed that some lower-risk alternatives are technically available and feasible according to a May 20 Federal Register Notice that addresses the October 2021 supplemental proposal.

It is the companies’ duty to submit to the EPA an 8(e) notice when identifying information that reasonably supports the conclusion that a substance handled by the concerned individuals could present a substantial risk of injury to human health or the environment, and the agency has supplemented more than a thousand additional TSCA section 8(e) “Substantial Risk” reports to its public-facing database.

Meanwhile, the Office of Inspector General (OIG) for the EPA has planned to begin a review of the agency’s response to reported incidents of unintended effects from pet collar pesticides. This watchdog’s evaluation assesses if the agency adheres to pesticide registration requirements in its approval of Seresto pet collars, where the collars have to be used without posing unreasonable adverse effects to human health and the environment.

A ground-breaking prohibition on per- and polyfluoroalkyl substances (PFAS)-containing clothing has been approved by the New York legislators, which will enter into force next year upon being signed i...

A ground-breaking prohibition on per- and polyfluoroalkyl substances (PFAS)-containing clothing has been approved by the New York legislators, which will enter into force next year upon being signed into law by the governor.

It is expected to facilitate a far-reaching market shift against PFAS in most garments and to expand on the momentum to restrict the persistent substance class across consumer goods in New York and other US states by enforcing the bill (S 6291A/A 7063A).

There is at the same time another similar measure (AB 1817) that covers textiles more broadly clearing California’s state Assembly, while some advocates in New York are working their way to promote several more proposals so as to eliminate PFAS applications in the legislature’s final days.

The already approved PFAS-containing apparel ban would halt the sale of the following articles with deliberately added per-and polyfluoroalkyl substances by December 31, 2023: shirts and tops, pants, skirts and dresses, vests, normal attire, leisurewear, underwear, scarves, onesies, bibs, and diapers.

The professional uniforms and heavy-duty outerwears are excluded from the ban, while PFAS-containing carpets and rugs have already been banned in early May as part of a larger extended producer responsibility measure (S 5027C/A 9279A), which, upon signed into law, shall take effect on December 31, 2024.

One critical factor for the approval here is that PFAS, though providing textiles with extraordinary durability and maintenance of apparel, are in general deemed non-essential in textiles, in which case famous retailers such as Gap Inc., Levi Strauss, and Patagonia, etc., have long pledged to move away from applying such compounds in their products. Nonetheless, the American Chemistry Council (ACC) urges to launch a veto against this decision, intending to demonstrate the negative consequences such a ban would have on consumers.

Noteworthily, the involved lawmakers plan to release a new measure targeting various goods, addressing textiles, fabric treatments, cookware, ski waxes, cleaning items, and architectural paints in reminiscence of multiproduct legislation awaiting executive action in Colorado. Further laws eliminating additional categories of PFAS-containing products before the legislature adjourns on June 2 are also pressed by several other environmental NGOs and legislative sponsors in New York. In the meantime, another bill (S 3331A/A 143) prohibiting PFAS and other concerning substances in cosmetics is also in the process of vigorous discussion.

On June 8, 2022, US EPA notified WTO about the National Emission Standards for Hazardous Air Pollutants for Miscellaneous Coating Manufacturing (MCM NESHAP). The agency currently proposes certain a...

On June 8, 2022, US EPA notified WTO about the National Emission Standards for Hazardous Air Pollutants for Miscellaneous Coating Manufacturing (MCM NESHAP).

The agency currently proposes certain amendments to MCM NESHAP facilities, in accordance with the requirements of the Clean Air Act (CAA). The proposal focuses on inorganic hazardous air pollutant (HAP) standards for process vessels. This will aid the completion of the required technology review, which was originally promulgated on August 14, 2020, and enhance the protection of the environment.

Comment on this proposal is open till August 8, 2022.

About CAA: CAA is a federal law in the U.S. targeted at protecting human health and the environment from polluting emissions. The law requires U.S. EPA to set minimum national standards for the quality of air as well as ensure that the states comply with the set standards.  

The proposed action is the removal of 401 KAR 50:055 section 1(1) and section 1(4) from the Kentucky SIP, following the submission made by the Commonwealth in 2016 requesting the same. You can access the official proposal document here.

The overhaul to “short form” warnings under Prop 65 is temporarily paused in California, the US. The Office of Environmental Health Hazard Assessment (OEHHA) has decided to keep on hold this contr...

The overhaul to “short form” warnings under Prop 65 is temporarily paused in California, the US. The Office of Environmental Health Hazard Assessment (OEHHA) has decided to keep on hold this controversial proposal and instead issue an alternative regulatory proposal in the near future.

The proposal was originally intended to prompt provisions of clear and reasonable warnings in the use of short-form labels. Based on the state’s “Right-to-know Scheme”, the companies shall, for example, name a minimum of 1 listed chemical they would like to warn about in the products.

OEHHA has revised twice the proposal after its floating state in January 2021, so as to address stakeholders’ concerns. However,  businesses remain opposed to this action. Under the allotted time frame, the agency was however not able to complete the rule-making process as announced in a May 20 Notice. The rule-making is hence allowed to lapse and OEHHA intends to restart the process, involving issuing a new regulatory proposal informed by comments on the previous one.

US EPA on the 29th of April 2022, submitted a notification to World Trade Organization, to amend the regulatory decision on Volatile Organic Compounds (VOCs).  According to US EPA, VOCs are compounds...

US EPA on the 29^th of April 2022, submitted a notification to World Trade Organization, to amend the regulatory decision on Volatile Organic Compounds (VOCs).  According to US EPA, VOCs are compounds that have a high vapor pressure and low water solubility. Many VOCs are human-made chemicals that are used and produced in the manufacture of paints, pharmaceuticals, and refrigerants.

Under the Clean Air Act (CAA), the agency proposes to add (2E)-1,1,1,4,4,4hexafluorobut-2-ene (also known as trans-1,1,1,4,4,4-hexafluorobut-2-ene, and HFO1336mzz(E); CAS number 66711-86-2) to the list of compounds excluded from the regulatory definition. The reason is that this compound makes an insignificant contribution to tropospheric ozone (O3) formation, that is, the chemical reaction caused between oxides of nitrogen (NOx) and volatile organic compounds (VOC).

The main aim of this proposal is to protect both human health and the environment. The subjects concerned include industries manufacturing/using HFO-1336mzz(E) for use in foam blowing and refrigeration, industrial gas, semiconductor machinery, chemical products, vehicle parts, and building manufacturing among others.

Comments on this close on June 27, 2022. And the proposed date of adoption and entry into force is yet to be determined.

Per- and poly-fluoroalkyl substances, mostly referred to as PFAS, are part of Persistent Organic Pollutants (POPs) present in diverse consumer and industrial products. PFAS has a myriad of application...

Per- and poly-fluoroalkyl substances, mostly referred to as PFAS, are part of Persistent Organic Pollutants (POPs) present in diverse consumer and industrial products. PFAS has a myriad of applications due to its increased resistance and durable characteristics. In fact, durability is the reason such chemicals are also referred to as "forever chemicals".

PFAS are substances with fluorinated atoms, which prevent the substances from being broken down and decomposing in the environment. On the contrary, PFAS bioaccumulates in organisms, and its toxicity increases over time. Consequently, organisms may present several dysfunctions during their lifetime, and ultimately lead to death. Due to the severity and difficulties of a single country controlling POPs pollution alone, the United Nations Environment Programme (UNEP) proposed an international treaty to eliminate or restrict the production and use of POPs – the Stockholm Convention.

Recently, the United States (US) Environmental Protection Agency (EPA) published the PFAS Strategic Roadmap: EPA's Commitments to Action 2021-2024, aiming to improve research, restriction, and remediation of polluted sites. However, the agency’s definition of PFAS substances in the National PFAS Testing Strategy differed drastically from the expected common description.

When US EPA refers to PFAS substances as those "chemicals with at least two adjacent carbon atoms, where one carbon is fully fluorinated and the other is at least partially fluorinated", it includes around 7 thousand substances. On the other hand, other comprehensive PFAS definitions, such as those used by the Organisation for Economic Co-operation and Development (OECD), lead to expressive higher numbers.

The difference is that OECD opted to consider PFAS as any substance containing a fully or partly fluorinated carbon chain. This opposing view on PFAS substances may be related to recent reports showing regions along the US highly contaminated with the substance. The most recent example occurred in North Carolina, where the drinking water supplies were contaminated with dozens of fluorochemicals.

Since POPs (and all chemicals under the term) are chemicals with high persistence, durability, mobility, and toxicity, it is fundamental that authorities reach a consensus to safeguard and protect the environment and human health, nationally and internationally.