On February 8, 2024, the Environmental Protection Agency (EPA) announced its final amendments to the 2018 final rule that established fees for the administration of the Toxic Substances Control Act (TSCA). The final rule includes changes to the fee amounts and EPA’s total costs for administering TSCA; exemptions for entities subject to the EPA-initiated risk evaluation fees; exemptions for test rule fee activities; modifications to the self-identification and reporting requirements of...
February 9, 2024
ECHA’s New Database for Chemicals Includes Information from all REACH Registrations
The European Chemicals Agency (ECHA) announced on January 30, 2024, the launch of ECHA CHEM, its “new solution for publishing information on chemicals.” According to ECHA, the first version of ECHA CHEM includes information from the more than 100,000 Registration, Evaluation, Authorisation and Restriction of Chemicals regulation (REACH) registrations that companies have submitted to ECHA. On the support page for ECHA CHEM, ECHA notes that as it gradually transfers the data it makes publicly...
February 7, 2024
Lynn L. Bergeson, “OSHA Issues Updated Process Safety Management Enforcement Guidance,” Chemical Processing, February 7, 2024.
On Jan. 26, 2024, the U.S. Occupational Safety and Health Administration (OSHA) issued updated enforcement guidance regarding compliance with OSHA’s standard for the Process Safety Management of Highly Hazardous Chemicals (PSM standard). The new directive, CPL 02-01-065, provides much-needed updates to the guidance issued in 1994 and explains OSHA’s current thinking regarding compliance with the PSM standard. ...
February 5, 2024
EPA Proposes to Modify the Definition of Hazardous Waste and Add Multiple PFAS as Hazardous Constituents
The U.S. Environmental Protection Agency (EPA) announced on February 1, 2024, two proposed rules that will add to its comprehensive approach to tackling per- and polyfluoroalkyl substances (PFAS) pollution and the commercial bottom line for hundreds of businesses facing costs for cleanup. The first proposed rule would modify the definition of hazardous waste as it applies to cleanups at permitted hazardous waste facilities. EPA states that this modification “would assure that EPA’s...
On January 24, 2024, the U.S. Environmental Protection Agency (EPA) began a 30-day public comment period on the draft updates to its Scientific Integrity Policy (Policy). 89 Fed. Reg. 4606. EPA states that in accordance with the requirements of the 2021 Presidential Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-based Policymaking, it is revising its Policy. The updated Policy will adopt a new federal definition of scientific integrity and...
On January 25, 2024, the U.S. Environmental Protection Agency (EPA) held a webinar on EPA’s Toxic Substances Control Act (TSCA) Section 8(a)(7) rule on the reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). During the webinar, EPA provided an overview of the rule’s requirements. EPA also answered questions from webinar participants and stated that it is preparing a frequently asked questions (FAQ) document that it intends to circulate in early...
The Senate Environment and Public Works Committee held a hearing on January 24, 2024, on “Oversight of Toxic Substances Control Act (TSCA) Amendments Implementation.” Michal Freedhoff, Ph.D., Assistant Administrator (AA) of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) was the Committee’s sole witness. Committee Chair Tom Carper (D-DE) and Ranking Member Shelley Moore Capito (R-WV) provided opening statements. On the whole, no...
The European Chemicals Agency (ECHA) announced on January 23, 2024, that it added five chemicals to the Candidate List of substances of very high concern (SVHC) for authorization and updated the existing entry for dibutyl phthalate to include its endocrine-disrupting properties for the environment: Substance NameReason for InclusionExamples of Uses2,4,6-Tri-tert-butylphenolToxic for reproduction (Article 57(c)) Persistent,...
The United Kingdom’s (UK) Health and Safety Executive (HSE) announced in its January 17, 2024, UK REACH ebulletin that it recommended that diisohexyl phthalate (DIHxP) be added to the list of substances subject to authorization (Annex 14) for UK REACH. As reported in our October 13, 2023, blog item, the European Chemicals Agency (ECHA) prioritized DIHxP and included DIHxP in its April 12, 2023, recommendation for the inclusion of substances in the European Union (EU) Registration,...
January 16, 2024
Lynn L. Bergeson, “Global Chemical Regulations: 2024 Will Be a Consequential Year,” Chemical Processing, January 15, 2024.
First, let’s look at U.S. policy and regulatory developments. In this election year, competing priorities will dominate U.S. Environmental Protection Agency (EPA) actions. The agency will seek to complete as many actions as possible while tempering its expectations to avoid any significant pre-election missteps. While there is no consensus on whether the Biden administration’s commitment to policy shifts in chemical management has elicited desirable results, reasonable people will agree it...