On April 20, 2023, the U.S. Environmental Protection Agency (EPA) proposed a rule severely restricting the production, processing, and commercial distribution of methylene chloride. The EPA exercises its authority under Section 6(a) of the Toxic Substances Control Act (TSCA), which allows the agency to impose such bans on chemicals. Unreasonable risk of injury or circumstance. Methylene chloride is most commonly used as a solvent in adhesives and sealants, automotive products, and paint and coating removers, and industries such as automotive, pharmaceuticals, and chemicals can be affected by this rule.
The EPA proposal calls for a ban on the use of methylene chloride in most industrial and commercial applications. The proposal includes exemptions, most notably a 10-year removal of paint and coatings used in the civil aviation sector to avoid serious damage to national security and critical infrastructure. The EPA has also extended this exception to NASA’s emergency use of dichloromethane under certain critical or critical conditions for which there are no technically or economically safer alternatives.
The agency’s proposal would also allow the use of dichloromethane to produce hydrofluorocarbon-32 (HFC-32), a substance that could be used to facilitate the transition from other HFCs claimed to have a higher global warming potential, supporting the EPA’s efforts to reduction of HFCs. in accordance with the U.S. Innovation and Manufacturing Act of 2020. However, the agency will require civil aviation manufacturers, NASA, and HFC-32 to follow a methylene chloride workplace chemical protection plan that includes required exposure limits and associated exposure monitoring. with inhalation.
Once the proposed rule is published in the Federal Register, EPA will accept public comments on it for 60 days at rules.gov/docket/EPA-HQ-OPPT-2020-0465.
On Tuesday, May 16, 2023, the US Environmental Protection Agency (EPA) released a draft of a proposed rule reforming EPA’s provisions implementing the Toxic Substances Control Act (TSCA). The EPA maintains the TSCA Chemical Registry, which lists all chemicals known to be commercially available in the United States. Under TSCA, manufacturers and importers are required to submit pre-notices for new chemicals unless an exemption (eg research and development) applies. The EPA must complete a risk assessment for a new chemical before manufacturing or importing. The proposed rule now clarifies that the EPA must complete a risk assessment or approve an exemption notice for 100 percent of new chemicals before products can enter the market, in line with the 2016 TSCA changes.
On April 21, 2023, the U.S. Environmental Protection Agency (EPA) released a draft National Plastic Pollution Prevention Strategy that could have a major impact on regulated communities including the packaging industry, retailers, plastics manufacturers, solid waste management and recycling facilities, etc. According to the draft strategy, EPA aims to eliminate the release of plastic and other land-based waste into the environment by 2040 with the following specific goals: reduce pollution in the production of plastic, improve the management of materials after use, prevent debris and micro-/nanoplastics from entering waterways, and remove escaping debris from the environment. Among these goals, the EPA identifies various studies and regulatory actions that are under consideration. Among the regulatory actions under consideration, the EPA said it is studying new regulations under the Toxic Substances Control Act for advanced recycling facilities that use pyrolysis to process recovered raw materials into recycled plastics. The agency is also calling for the ratification of the Basel Convention, which the United States agreed to but did not ratify in the 1990s, as another way to tackle the international problem of plastic waste.
On November 16, 2022, the U.S. Environmental Protection Agency (EPA) proposed increasing its current Toxic Substances and Control Act (TSCA) fees, some of which will more than double. This additional Notice of Proposed Rulemaking modifies the EPA proposal, effective January 11, 2021, to increase TSCA fees primarily for inflation. TSCA allows the EPA to charge manufacturers (including importers) for agency activities in accordance with Sections 4, 5, 6 and 14 of the TSCA. According to TSCA, EPA is required to adjust fees “as needed” every three years. In 2018, the EPA issued a 40 CFR Part 700 Subpart C collection rule that sets the current fee.