Earlier this month, the U.S. Environmental Protection Agency (EPA) proposed revisions to the confidential business information (CBI) substantiation requirements for the identity of chemicals on the Toxic Substances Control Act TSCA Inventory. Specifically, EPA is proposing two additional questions addressing reverse engineering that companies would be required to answer to substantiate CBI claims for specific chemical identities; and is proposing procedures for companies to use in amending certain previously-submitted substantiations to include responses to the additional questions.
These proposed revisions supplement the proposed rule issued in the Federal Register of April 23, 2019, and would amend the TSCA Inventory Notification (Active-Inactive) Requirements rule promulgated in the Federal Register of Aug. 11, 2017.
EPA’s proposal stems from a recent D.C. Circuit Court’s ruling in litigation involving the Inventory Reset Rule. Companies that filed a claim to maintain a confidential identity when filing Form A, during the initial TSCA Inventory Rule reporting period, or when filing Form B, after the final inventory took effect, must respond to substantiate claims.
EPA is proposing to add the following questions to 40 CFR 710.37(c)(2):
- Does this particular chemical substance leave the site of manufacture or processing in any form, e.g., as product, effluent, emission? If so, what measures have been taken to guard against the discovery of its identity?
- If the chemical substance leaves the site in a product that is available to the public or your competitors, can the chemical substance be identified by analysis of the product?
All persons who submitted substantiation information at the time of filing Form A would be required to submit responses within 90 days after the rule takes effect. This information would also be required for Form B submissions and later substantiations of Form A submissions.
EPA is accepting comments on the proposal through Dec. 9, 2019.
EPA’s TSCA Inventory Reset Rule establishes the process by which substances on the TSCA Inventory are designated as “active” or “inactive” in commerce. Once the TSCA Inventory has been “reset,” no one is permitted to manufacture or process an inactive chemical substance without first submitting a notification to EPA. As of Aug. 5, 2019, companies must notify EPA prior to initiating commercial activity with a chemical designated as “inactive” on the TSCA Inventory. ACA’s guidance addresses company obligations, including challenges presented where a manufacturer has listed a chemical on the TSCA Inventory as confidential.
The Inventory Reset Rule allowed companies to substantiate confidential identities at the time of filing Form A or at a later time as specified by EPA. For companies choosing to substantiate at a later time, in April 2019 EPA proposed using the same CBI substantiation questions used in the Inventory Reset Rule to substantiate at the time of filing Form A.
EPA’s Nov. 8, 2019 proposal would affect both companies that substantiated at the time of filing and those that would substantiate later, under the April 2019 proposal, as amended by this proposal.
EPA’s proposal is in response to the D.C. Circuit Court’s Opinion issued on April 26, 2019 (EDF v. EPA, Case No. 17-1201), adjudicating a petition filed by NGO’s contesting the Inventory Reset Rule (“Active-Inactive Rule” in EPA’s federal register notice). The Court held that EPA must include specific questions addressing whether chemical identity can be discovered through reverse engineering. Prior to this ruling, EPA required certification that identity is not discoverable through reverse engineering.
In this rulemaking, EPA is proposing two additional questions related to reverse engineering to substantiate claims of confidential identity. EPA is also proposing procedures for manufacturers and processors to use in amending previously-submitted substantiations to include responses to the additional questions.
Contact ACA’s Riaz Zaman for more information.
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On Nov. 15, the U.S. Environmental Protection Agency (EPA) issued its final rule adding hazardous waste aerosol cans to the universal waste program under the federal Resource Conservation and Recovery Act (RCRA) regulations. According to the pre-publication notice, this change will benefit the “wide variety of establishments generating and managing hazardous waste aerosol cans, including the retail sector, by providing a clear, protective system for managing discarded aerosol cans.”
ACA supported this move by EPA when it was proposed in March 2018. The rule will become effective 60 days after publication in the Federal Register.
Under the reclassification, aerosol cans, pressurized or spent — including spray paint cans — will be treated and handled as universal waste. In 1995, EPA promulgated the universal waste rule to establish a streamlined hazardous waste management system for widely generated hazardous wastes to encourage environmentally sound collection and proper management of the wastes within the system. Hazardous waste batteries, certain hazardous waste pesticides, mercury-containing equipment, and hazardous waste lamps are already included on the federal list of universal wastes. The universal waste regulations in 40 CFR part 273 are a set of alternative hazardous waste management standards that operate in lieu of regulation under 40 CFR parts 260 through 272 for specified hazardous wastes.
The streamlined universal waste regulations are expected to ease regulatory burdens on retail stores and others that discard hazardous waste aerosol cans; promote the collection and recycling of these cans; and encourage the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills or combustors.
Because not all states have adopted the same federal regulations under RCRA, waste regulations are different across the United States. Notably, five states — California, Colorado, Utah, New Mexico, and Ohio — already have universal waste aerosol can programs in place; and Minnesota has proposed to add aerosol cans to their universal waste regulations. The universal waste programs in all these states include streamlined management standards like 40 CFR part 273 for small and large quantity handlers of universal waste, and a one-year accumulation time limit for the aerosol cans. In addition, the four state universal waste programs, as well as Ohio’s proposed regulations, set standards for puncturing and draining of aerosol cans by universal waste handlers.
More information on EPA’s Universal Waste Program may be found here.
Contact ACA’s Rhett Cash for more information.
Oskar Nolte GmbH has announced the acquisition of AkzoNobel’s Industrial Foil Coatings business. AkzoNobel bought the Foil Coatings business as part of the acquisition of BASF Coatings Industrial Coatings business.
Nolte stated that it plans to continue operations at the Münster/Germany site and expand its product development capabilities in the medium-term. The company added that it will focus its development on eco-efficient, global solutions for its customers.
Nolte is part of Hamburg-based Peter Möhrle Holding. The family-owned company said that it intends to support organic growth as well as acquisitions of its portfolio companies.
“We are excited to grow our business in a segment which is strongly complementary to our current activities. The foil coatings products have been established for many years at our future customers,” said Arne Deußen, CEO of Oskar Nolte. “Also, the team has a history of innovations and stretching the boundaries of the product offer further. Our focus on large industrial customers will allow us to run the business with a high level of service and flexibility in the future. This should lead to a strong long-term partnership with our customers.”
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from American Coatings Association https://www.paint.org/oskar-nolte-purchases-former-basf-foil-coatings-business-from-akzo-nobel/