The Environmental Protection Agency is issuing an advance notice of proposed rulemaking asking for input on potential reporting requirements for chemicals used for hydraulic fracking, a method of extracting oil and gas from rock. EPA says it is thinking about setting rules under Toxic Substances Control Act Section 8(a) and 8(d) that would require manufacturers and importers of these chemicals to maintain records and submit information to EPA, including health and safety studies. Before it proposes any regulations, EPA is asking for comments on issues including what information should be reported; how much reporting should be voluntary; and who should have to report. Comments are due Aug. 18.
The Environmental Protection Agency is again extending the comment period until May 26 on its proposed Toxic Substances Control Act (TSCA) standards for formaldehyde emissions from composite wood products. The June 2013 proposed rule would impose recordkeeping requirements on importers of subject products, and would require TSCA import certifications for all subject products, including those defined in the Customs regulations as “articles” (see 13060715). EPA already extended the comment period once in April after getting comments related to treatment of laminated products (see 14040714).
The Environmental Protection Agency said it is restoring the ability of exporters to meet pesticide labeling requirements by putting required information on “collateral labeling” attached to the shipping container instead of directly on the packaging of each individual product. EPA’s final rule corrects an error made in an earlier change to its regulations that inadvertently required direct labeling on each product by removing a provision allowing for “supplemental labeling.” Subsequent comments from exporters said the change would have increased costs and added trade barriers. Rather than again allowing for “supplemental labeling,” EPA will instead call it “collateral labeling,” defined in EPA policy guidance as “bulletins, leaflets, circulars, brochures, data sheets, flyers or other written, printed or graphic matter which are referred to on the label or which are to accompany the product.” The change takes effect July 29. Any adverse comments on the direct final rule are due to EPA by May 30.
The Environmental Protection Agency is implementing its new “Tier 3” vehicle emissions and fuel standards, in a final rule that will take effect in stages through 2017. EPA says the final rule will reduce both tailpipe and evaporative emissions from passenger cars, light-duty trucks, medium-duty passenger vehicles, and some heavy-duty vehicles. It also mandates a reduction of gasoline sulfur content from the current 30 parts per million (ppm) average down to a 10 ppm average.
The Environmental Protection Agency is withdrawing significant new use rules (SNURs) it set for four chemicals. The agency said it received objections to four of the 35 SNURs EPA set in a February final rule (see 14021117), so it will soon begin a formal rulemaking process for those four chemicals with a notice and comment period. The SNURs were originally set to take effect April 14. The four chemicals were the subject of premanufacture notices P-13-365, P-13-392, P-13-393, and P-13-471.
A customs broker is off the hook for alleged violations of the federal pesticide regulations, after an administrative law judge on March 6 dismissed an Environmental Protection Agency civil penalty proceeding. EPA had accused Mara Shipping of failing to file required notices of arrival on several shipments of pesticides. It originally requested a $172,500 penalty, according to Mara. But Mara argued customs brokers aren’t responsible for filing notices of arrival. The fight paid off, as EPA withdrew its complaint in late February. EPA did not respond for comment on why it dropped the case.
The Environmental Protection Agency is reopening the comment period until May 8 on its proposed Toxic Substances Control Act (TSCA) standards for formaldehyde emissions from composite wood products. The agency will also hold a public meeting on the proposal on April 28 in Washington, D.C. The June 2013 proposed rule would impose recordkeeping requirements on importers of subject products, and would require TSCA import certifications for all subject products, including those defined in the Customs regulations as “articles” (see 13060715).
A California importer will pay $630,000 to settle charges that it violated the Clean Air Act on vehicles and engines it imported from China, said the Environmental Protection Agency on March 27. EPA says American Lifan Industry imported over 6,700 motorcycles, all-terrain vehicles, and engines made by Lifan in China without testing for emissions or getting certifications required by the Clean Air Act. In addition to the fines, American Lifan will also have to post a $300,000 - $500,000 bond to cover any fines related to future violations. EPA says this is the first time it has ever imposed a bond requirement in a settlement.
The Environmental Protection Agency is backtracking on significant new use rules (SNURs) it proposed for vinylidene esters. SNURs it proposed in April 2013 would have imposed notification requirements on importers, manufacturers, and importers of the chemicals (see 13041804). The proposed rule came after EPA tried to unilaterally impose SNURs on vinylidene esters without prior public comment in 2012, but withdrew its interim final rule after receiving adverse comments. EPA now says its fears that the chemicals are toxic for aquatic life were misplaced, and is withdrawing its proposal.
Notifications of newly-discovered risks of injury from chemical substances may now be submitted electronically to the Environmental Protection Agency, said EPA. Submissions of “notifications of substantial risk” under Toxic Substances Control Act (TSCA) Section 8(e) can now be filed using EPA’s electronic Central Data Exchange (CDX), it said. So can “For Your Information” (FYI) submissions of potential risks, it said.