On February 15, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of a new methodology for detecting 32 per- and polyfluoroalkyl substances (PFAS) in high-density polyethylene (HDPE) containers. According to EPA, the method can accurately identify PFAS contamination at levels as low as 0.002 parts per billion (ppb) (or 2 parts per trillion (ppt)). EPA states that in releasing this method to the public, it “is enabling the industries that utilize HDPE containers,...
March 5, 2024
EPA Amends Risk Management Program Requirements to Protect At-Risk Communities from Chemical Accidents
On March 1, 2024, the U.S. Environmental Protection Agency (EPA) released its “Safer Communities by Chemical Accident Prevention Rule” (SCCAP Rule), amending the Risk Management Program (RMP) “to further protect vulnerable communities from chemical accidents, especially those living near facilities in industry sectors with high accident rates.” The rule implements sweeping amendments to the RMP. It reflects the culmination of three public hearings, many comments on EPA’s proposed rule...
AUSTRALIA Final Guidance On Environmental Claims Includes Principles To Guide Business: On December 12, 2023, the Australian Competition and Consumer Commission (ACCC), an independent Commonwealth statutory authority, announced eight principles intended to help businesses ensure their environmental marketing and advertising claims “are clear and accurate, and do not mislead consumers.” ACCC states that the principles comprise its final guidance on environmental claims, which sets out the...
February 23, 2024
ECHA Begins Public Consultation on Recommending Authorization for Five SVHCs and Adding a New Hazard to DBP
The European Chemicals Agency (ECHA) announced on February 7, 2024, that it is considering recommending the following substances for the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Authorization List: ECHA states that it is looking for further information on the uses of these substances in scope of authorization, their possible exemptions from the authorization requirement, and on the structure and complexity of the supply chains. ECHA encourages REACH...
February 16, 2024
EPA Extends Submission Deadline for Polymer Exemption Reports and Accompanying Claims
The U.S. Environmental Protection Agency (EPA) published a final rule on February 16, 2024, amending the Toxic Substances Control Act (TSCA) regulations for polymers manufactured under the terms of the polymer exemption by extending the submission deadline for reporting. 89 Fed. Reg. 12248. EPA notes that the regulations require that manufacturers (includes importers) of polymers manufactured under the terms of the exemption submit a report of manufacture or import by January 31 of the year...
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 “meaningfully...