USA Chemical Regulatory Updates June–July 2020
PFAS now require Toxic Release Inventory (TRI) reporting
The U.S. Environmental Protection Agency (EPA) recently published the updated per- and polyfluoroalkyl substances (PFAS) TRI reporting rule, effective 22 June 2020. The new rule requires anyone manufacturing, processing, or otherwise using at least 100 pounds of any of the 172 PFAS substances to report under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA).
Does this impact my facility?
If you manufacture, process or use any of these substances, then yes. You will need to monitor how much of the substance you use to see if you meet the 100 pound reporting threshold prescribed by the new rule. In addition to working with listed PFAS above the weight threshold, additional criteria must be met for a facility to be required to report. This includes companies with certain manufacturing NAICS codes, and a minimum of 10 employees.
Have questions?
Yordas can help identify whether you meet the requirements for reporting, and assist you with preparing the submissions. We also offer software solutions capable of monitoring these substances, simplifying your day-to-day duties.
Reports for 2020 should be submitted by 1 July 2021.
Source: Federal Register publication
EPA finishes first High Priority risk assessment on methylene chloride
The U.S. EPA published the final risk evaluation for methylene chloride (CAS 75-09-2), the first on the list of 20 High Priority substances. Methylene chloride, also known as dichloromethane (DCM), is a common solvent used for a myriad of industrial purposes such as chemical processing, adhesives, sealants, degreasers, cleaners, and automobile products. While the EPA did not find any risk to the environment from the 53 claimed uses, they did find unreasonable risk to workers, consumers and bystanders for 47 of the 53 uses
Moving forward, the EPA now has a two year window to propose and finalize risk management actions to mitigate that risk. These actions may include limitations to the manufacture, processing or use of the substance
Additional information on the review can be found on the EPA’s website.
EPA issued SNURs
On 9 June 2020, the U.S. EPA issued direct final SNURs for 16 substances. This rule is effective on 10 August 2020.
On 29 May 2020, the U.S. EPA issued proposed SNURs for 8 substances, which are the subject of pre-manufacture notices (PMNs).
About the Author
Dr Mike Wolfe
Associate Regulatory Consultant
Mike joined the Yordas Group after completing his PhD at McMaster University in Hamilton, Ontario. Working out of our Canadian office, his expertise is focussed on North American chemical Acts and Regulations such as the Canadian Environmental Protection Act (CEPA) and the U.S. Toxic Substances Control Act (TSCA).
This expertise is exemplified through delivery of New Substance Notifications (NSNs) in Canada and assistance with Premanufacturing Notices (PMNs) in the U.S. In addition, Mike has experience working with pesticide registrations through the Pest Control Products Act (PCPA) in Canada.
