The Environmental Protection Agency will revise small business size standards for an exemption from Toxic Substances Control Act Section 8(a) Preliminary Assessment Information Reporting requirements for manufacturers, importers and processors of certain chemicals, it said. The current threshold of $4 million, or $40 million when combined with a parent company if production of the chemical at any individual site doesn’t rise above 45,400 kilograms, falls well below small business thresholds for exemptions from similar regulations, EPA said. The agency will provide more opportunity for comment before it finalizes any actual changes to the size standard, it said.

The Environmental Protection Agency is amending its recently issued final rule on formaldehyde in composite wood products to update references throughout the regulations to certain voluntary industry standards, it said in an direct final rule. The industry standards have each been updated or withdrawn and superseded since EPA issued its final rule in December 2016 (see 1612120022 and 1607280021). EPA recently delayed until December 2018 the compliance dates for the regulations (see 1709190032), which set emissions standards and import certification requirements for composite wood products. The direct final rule takes effect Dec. 11, unless comments opposing the changes are received by Nov. 9, in which case EPA would consider the changes under a concurrently issued proposed rulemaking.

The Environmental Protection Agency is issuing a significant new use rule (SNUR) under the Toxic Substances Control Act (TSCA) for a bimodal mixture consisting of multi-walled carbon nanotubes and other classes of carbon nanotubes, it said in a final rule. As a result of the SNUR, persons planning to manufacture, import or process the carbon nanotube mixture for an activity that is designated as a significant new use by this rule are to notify EPA at least 90 days in advance. The final rule takes effect Nov. 2.

The Environmental Protection Agency is setting new significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 37 chemical substances that were the subject of premanufacture notices (PMNs), in a direct final rule. As a result of the SNURs, persons planning to manufacture, import or process any of the chemicals for an activity that is designated as a significant new use by this rule are required to notify EPA at least 90 days in advance. The final rule takes effect Nov. 20.

The Environmental Protection Agency will delay deadlines for compliance with new Toxic Substances Control Act formaldehyde emissions standards and import certification requirements for composite wood products, it said in a pre-publication copy of an upcoming final rule. Formaldehyde emissions standards, recordkeeping and labeling requirements are postponed one year, now taking effect Dec. 12, 2018, except for emissions standards, certification and testing requirements for laminated products, which take effect March 22, 2024, a delay of about four months. The compliance date for import certification provisions of the new regulations now is March 22, 2019, also a four month delay. EPA is also extending until March 2019 the transitional period during which California Air Resources Board (CARB) Third Party Certifiers (TPC) may certify composite wood products under TSCA without being accredited by EPA. The extension largely mirrors a delay announced in May but subsequently withdrawn (see 1705230019 and 1707060021). EPA issued its composite wood formaldehyde regulations in December 2016 (see 1607280021 and 1612120022).

The Environmental Protection Agency will require filing in the Automated Export System of electronic data for exports of hazardous waste as of Dec. 31, 2017, it said. As of that date, exporters and their authorized agents will no longer be able to use a paper process, EPA said. “All exporters of manifested hazardous waste, universal waste, and spent lead-acid batteries for recycling or disposal, and all exporters of cathode ray tubes for recycling will be required to file EPA information in the AES or AESDirect for each export shipment,” it said. EPA outlined electronic filing requirements for hazardous waste in a final rule issued in 2016 (see 1611010028).

The Environmental Protection Agency on Aug. 11 published its final rule setting new reporting requirements for importers, manufacturers and processors of chemical substances regulated under the Toxic Substances Control Act. Publication of the regulations starts the 180-day period for manufacturers and importers to report to EPA if they manufactured or imported any chemical substances listed on the TSCA Chemical Inventory for nonexempt commercial purposes between June 21, 2006, and June 21, 2016. Reports are due Feb. 7, 2018. After retrospective reporting is complete and substances are listed as “active” or “inactive,” manufacturers, importers and processors will be required to report to EPA within 90 days of beginning such activities for a chemical listed on the TSCA Inventory as inactive (see 1706270026).

The Environmental Protection Agency's final rules on chemical risk evaluations (see 1706260025) under the Toxic Substances Control Act reform legislation will take effect on Sept. 18, the agency said in notices. One set of new regulations (here) sets criteria for EPA to decide whether a chemical is low-risk and requires no further action, or is a high-risk chemical that needs immediate attention. Another EPA final rule (here) sets procedures for the risk evaluations, which may also be requested by manufacturers and importers.

The Environmental Protection Agency is withdrawing a recent notice delaying compliance dates for upcoming formaldehyde emissions standards and import certification requirements for composite wood products, it said (here). EPA said it received comments opposing the May 24 interim final rule, which would have delayed compliance dates by about four months until March 22, 2018, for general formaldehyde emissions standards, certification, testing and labeling requirements; March 22, 2024, for requirements for laminated products; and March 22, 2019, for import certification requirements (see 1705230019). EPA will now address the comments in an upcoming final rule under normal rulemaking procedures, it said.

The Environmental Protection Agency has finalized several regulatory changes necessary to implement Toxic Substances Control Act reform legislation enacted in 2016, it said June 22 (here). The agency released prepublication copies of final rules setting procedures and criteria for identifying high priority chemicals for agency evaluation (here), and setting the process for evaluating whether or not those chemicals pose an unreasonable risk to health or the environment (here). EPA also released its list of the first 10 chemicals it will designate for evaluation under the new law (here). Another prepublication copy of a final rule released by EPA sets reporting requirements for chemicals manufactured, imported or processed in the U.S. over the past 10 years (here). International Trade Today will have more information on these final rules in upcoming issues.