Pollution Engineering - February 2009 - (Page 12)

LEGALLOOKOUT By Lynn L. Bergeson Chemicals Up for Discussion EPA offered up several big chemical initiatives for discussion in November. n Nov. 25, 2008, EPA released for public comment two background discussion documents, one on the agency’s Toxic Substances Control Act (TSCA) Inventory Reset initiative, and the other on EPA’s proposed approach for the Inorganic High Production Volume (IHPV) Challenge Program. Each is available at www.epa.gov/champ. This column briefly describes these important documents. O TSCA inventory reset EPA previously announced its intent to “reset” the TSCA inventory maintained under TSCA Section 8(b), expressing its interest in ensuring that the inventory is current, and accurately reflects those substances that are actually EPA expects to make the reset TSCA inventory available in time for the next Inventory Update Rule (IUR) reporting period. This is to occur June 1 through Sept. 30, 2011, for chemical manufacturing, processing and use data from the 2010 calendar year. The TSCA inventory reset initiative has enormous implications for any chemical manufacturer and/or chemical importer, as well as their downstream customers and users. EPA’s approach is thoughtful and step-wise, but care should be taken to read EPA’s proposed approach carefully. IHPV challenge program EPA’s proposed IHPV Challenge Program closely follows the HPV Challenge Program for organic chemicals. According to the latest figures from the 2006 IUR, there are approximately 750 inorganic chemicals in commerce, 400 to 500 of which are HPV according to EPA estimates. The program will consist of three phases: • Phase 1: IHPV Challenge • Phase 2: Receive/Review Data • Phase 3: Assessing and Reducing Risks This last phase will include the following steps: • Develop and release risk-based prioritizations • Initiate needed action on IHPV chemicals • Develop and release hazard-based prioritizations for moderate production volume inorganic chemicals. The IHPV Challenge Program has critically important implications for the metals and inorganic chemicals community. As new data on these substances evolve, renewed questions about exposure, sustainability, and product deselection are likely to arise. PE “ The TSCA inventory reset initiative has enormous implications for any chemical manufacturer and/ or chemical importer, as well as their downstream customers and users. manufactured or processed in the United States. In the discussion document, EPA reports that it is considering an approach that would allow persons to certify, online via a secure EPA website, that they have manufactured a chemical listed on the inventory within a specified timeframe. EPA is considering a three-year period for the inventory reset process. The certification process would exclude persons manufacturing or importing chemical substances that are not subject to TSCA Section 5(a) pre-manufacture notification (PMN) reporting requirements. This would exclude persons manufacturing or importing chemical substances that are not subject to PMN reporting requirements and Microbial Commercial Activity Notification (MCAN) reporting requirements. If a chemical manufacturer or importer intended to manufacture or import a chemical substance that had been removed from the TSCA Inventory for non-exempt commercial purposes, a TSCA Section 5 notice would be required because the chemical substance would be considered “new” under TSCA. ” Lynn L. Bergeson is managing director of Bergeson & Campbell, P.C., a Washington, D.C., law firm focusing on conventional and engineered nanoscale chemical, pesticide, and other specialty chemical product approval and regulation, environmental health and safety law, chemical product litigation, and associated business issues, and President of The Acta Group L.L.C. and The Acta Group EU Ltd. with offices in Washington, D.C., and Manchester, U.K. Visit www.pollutionengineering.com and electronically forward a copy of this article to a colleague or customer. 12 Pollution Engineering FEBRUARY2009 http://www.epa.gov/champ http://www.pollutionengineering.com

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Pollution Engineering - February 2009 Contents The Guest Dialog EnviroNews PE Events Legal Lookout Casebook Canada Environmental Management When Cleanup is Rocket Science RemTEC Features A Chile Air Filter Safer Waste Handling Reaps Rewards 2009 Environmental Software Review Some Serious Sliplining Environmental Software Products Biosolids Equipment Classified Marketplace Advertisers Index State Rules

Pollution Engineering - February 2009

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