Monthly Update for October 2009

TSCA/FIFRA/NTP/EPCRA

Ecology Center Creates Consumer Product Website -- On September 16, 2009, the nonprofit environmental organization Ecology Center rolled out a new website designed to provide consumers with test data on common products. The new site, http://www.HealthyStuff.org, provides information on chemicals in common products. The site provides more than 15,000 test results on more than 5,000 common items, including pet products, women’s handbags, back-to-school products, children’s toys, and car seats. The group also advocated change in the Toxic Substances Control Act (TSCA).

Groups Sponsor Conference On The Future Of U.S. Chemicals Policy -- On October 6, 2009, environmental, consumer, and industry associations hosted a conference entitled “The Future of U.S. Chemicals Policy.” Sponsors included the Environmental Working Group, Rachel’s Network, The Pew Health Group, Community Against Pollution, The Louisiana Bucket Brigade, American Chemistry Council (ACC), Grocery Manufacturers Association (GMA), Turner Foundation, Soap and Detergent Association (SDA), and Consumer Specialty Products Association (CSPA). U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson spoke at the conference, and stated that, while EPA supports revisions to TSCA, until Congress enacts TSCA reform, EPA will pursue enhancements to its current chemicals management program. Jackson announced the enhancements on September 29, 2009, and more information is available on the Internet at http://www.epa.gov/oppt/existingchemicals/pubs/enhanchems.html. A webcast of the October 6, 2009, conference is available at http://www.ustream.tv/recorded/2293176. During the conference, CSPA, GMA, and SDA proposed eight “building blocks” intended to help guide Congress in developing TSCA reform legislation. The building blocks include:

Both non-governmental organization (NGO) groups and trade associations noted the “alignment” of the general principles suggested to underpin any TSCA amendments. At the same time, the speakers also noted that the details of any specific proposals will be central to any support they might give to specific legislation. Almost every speaker commented that not only was this initial convening of interested (and often disagreeing) groups helpful, but that continued dialogue was desirable to attempt to close, or at least move closer, to an affirmative consensus on some or all elements of an amendment package. The overall tone of the discussion throughout the day was that consensus was possible, and that further attempts to reach that consensus were desirable. No specific plans for further meetings or discussions were made at this time. Also, no speaker indicated any particular expectation for the arrival date of the next iteration of legislation to be offered by the Members of Congress most historically involved with the subject (Senators Barbara Boxer (D-CA) and Frank R. Lautenberg (D-NJ), and Representative Henry Waxman (D-CA)), although the particulars of such legislation will likely dictate whether consensus between the two camps is likely to be achieved.

EPA Issues Direct Final SNURS For 12 Substances -- On September 18, 2009, EPA issued a Federal Register notice promulgating direct final significant new use rules (SNUR) for 12 chemical substances under TSCA Section 5(a)(2). 74 Fed. Reg. 47877. For two of the 12 substances, EPA issued final SNURs that set forth the same exposure controls that were negotiated with the initial premanufacture notice (PMN) submitter through “risk-based” TSCA Section 5(e) consent orders. For the other ten substances, EPA determined that, although the manufacturing, processing, and use of the substance as set forth in each respective PMN did not present unreasonable risks to health and/or the environment, there were other potential uses that may cause significant adverse health and/or environmental effects for which SNURs are required. The chemicals are:

The final rule will be effective November 17, 2009, unless EPA receives adverse comments or notice of intent to submit adverse comments before October 19, 2009. In that instance, EPA will withdraw the SNUR for the substance(s) for which adverse comments or notice of intent to submit adverse comments are received and will instead issue a proposed SNUR and provide a 30-day public comment period.

EPA Launches Online Stakeholder Discussion On Metal Mining -- On October 5, 2009, EPA announced the launch of an online stakeholder discussion forum for metal mining issues. EPA is considering modifying Toxics Release Inventory (TRI) reporting requirements associated with metal mining operations, and the forum is intended to give stakeholders the opportunity to discuss issues related to a future metal mining rulemaking. Over the next several months, EPA plans to begin its internal regulatory process and conduct a preliminary regulatory analysis. Comments received through the stakeholder forum will supplement these efforts and help inform the rulemaking process. EPA plans to make the discussion forum accessible until the end of October.

EPA Issues Draft IRIS Files On Three Chemicals -- On September 24, 2009, EPA’s National Center for Environmental Assessment (NCEA) announced the availability of three draft Integrated Risk Information System (IRIS) toxicological reviews. 74 Fed. Reg. 48731, 48733, and 4735. The chemicals are: 1,1,2,2-tetrachloroethane (CAS No. 79-34-5), cis- and trans-1,2-dichloroethylene (CAS Nos. cis: 156-59-2, trans: 156-60-5, mixture: 540-59-0), and trichloroacetic acid (CAS No. 76-03-9). Comments are due by November 23, 2009. In a related notice issued on September 29, 2009, NCEA announced that it has released for public comment an external review draft IRIS review of chloroprene. 74 Fed. Reg. 49874. Comments are due by November 30, 2009.

EPA Announces Public Role In Pesticide Registration Process -- On October 1, 2009, EPA announced the establishment of “a new transparent process” intended to allow the public to review and comment on risk assessments and proposed registration decisions for pesticides. According to EPA, this expanded process will apply to all new pesticide active ingredients and first food uses, first outdoor uses, and first residential uses. Starting October 1, 2009, for certain registration actions, EPA will add its risk assessments and proposed decisions to the public docket and make them available for a 30-day public comment period. Following the comment period, EPA will publish its decision and a response-to-comment document. EPA states that, by focusing public access on new pesticide ingredients and first food, outdoor, and residential uses, the public will have the opportunity to comment on all major new exposure patterns for pesticide registration. More information is available at http://www.epa.gov/pesticides/regulating/registration-public-involvement.html.

EPA Announces Availability Of Pesticide Registration Notice Announcing Establishment Of Antimicrobial Exposure Assessment Task Force II -- On October 14, 2009, EPA announced the availability of a Pesticide Registration (PR) Notice regarding the formation of the Antimicrobial Exposure Assessment Task Force II (AEATF II). 74 Fed Reg. 52804. The PR Notice provides information concerning the formation of an industry-wide task force to jointly develop mixer, loader, applicator, and post-application exposure data for antimicrobial pesticides used in commercial, institutional, occupational, and consumer settings.

EPA Announces Interim Policy On Pesticide Containers -- On October 9, 2009, EPA released its Pesticide Container Repair Interim Policy. Under it, retailers of pesticide products are allowed to repair minor damage to pesticide containers. The policy is intended to ensure that the repairs are consistent with federal requirements for pesticide registration, production, and labeling. Retailers and producers must apply for the program, and approval will be made on a case-by-case basis. Previously, EPA had no policy on such repairs. More information on the interim policy is available at http://www.epa.gov/pesticides/regulating/containers.htm#container.

ACS Holds Briefing On TSCA Reform -- On September 29, 2009, the American Chemical Society (ACS) held a briefing intended to provide a forum to explore the perspectives, roles, and activities of various stakeholders regarding reform of TSCA. E. Donald Elliott, Willkie Farr & Gallagher LLP, moderated the panel, which included Andy Ingrejas, Safer Chemicals, Healthy Families; Sarah Brozena, ACC; Roger McFadden, Staples; Kenneth Zarker, Washington State Department of Ecology; and James Gulliford, former Assistant Administrator for the EPA Office of Prevention, Pesticides, and Toxic Substances. According to information provided at the briefing, Senator Frank R. Lautenberg (D-NJ) intends to introduce in the next few weeks TSCA reform legislation, and to hold hearings after that.

In August 2009, Safer Chemicals, Healthy Families, a coalition of health and environmental organizations, announced its requirements for reforming TSCA. At the same time, ACC released “10 Principles for Modernizing TSCA.” The Safer Chemicals, Healthy Families platform is available at http://www.edf.org/pressrelease.cfm?contentID=10289, and ACC’s 10 Principles are available at http://www.americanchemistry.com/TSCAPrinciples. Ingrejas and Brozena summarized these recommendations during their presentations. McFadden provided examples of questions that retail and business supply chain consumers are beginning to ask retailers and product providers, including: what chemicals of concern are in the products that you offer?; have you eliminated the worst chemicals and replaced them with safer alternatives while committing to continuous improvement on the others?; do you fully disclose chemicals and/or ingredients in your product?; how can we recognize a product made from safer and/or greener alternatives?; and who is accountable for the quality, accuracy and comprehensiveness of the chemical information being provided for your product?

Gulliford recommended actions that EPA could undertake now, without waiting for Congress to pass legislation reforming TSCA, including: reset TSCA Chemical Inventory; Inventory Update Reporting Rule; continued work on priority chemicals: Chemical Assessment and Management Program (ChAMP) screening tool; Nanotechnology: Nanoscale Materials Stewardship Program Organization for Economic Cooperation and Development data sets; Funding; and Green Chemistry/Pollution Prevention.

EPA Issues Final IRIS On 2-Hexanone -- On September 25, 2009, EPA issued a final IRIS assessment of 2-hexanone (CAS No. 591-78-6), a chemical found in waste and at Superfund sites. The final assessment of the chemical sets a reference dose (RfD) of 0.005 milligram per kilogram per day and a reference concentration (RfC) of 0.03 milligram per cubic meter air, values that are somewhat lower than EPA proposed in 2008. RfDs and RfCs are used by risk assessors as they evaluate the health risk posed by specific situations. The IRIS assessment is available at http://www.epa.gov/iris/subst/1019.htm.

EPA Releases 2008 TRI Data -- On September 28, 2009, the TRI Program announced the third and final update of the 2008 TRI dataset. These final files will be used to construct the 2008 TRI National Analysis, planned for December. On August 18, EPA began providing the preliminary 2008 TRI data, the earliest data release in the program’s history. The downloadable data files and facility locator tool were then updated on August 31. The 2008 data can be accessed at http://www.epa.gov/tri, and the Early Data Sharing can be accessed at http://www.epa.gov/tri/tridata/tri08/early_data/indexearlyhome.html. To comment on the 2008 Early Data Release, please visit http://yosemite.epa.gov/ceis/early.nsf/comment?openform.

EPA Reviews Registrations Of Five Pesticides -- On September 30, 2009, EPA opened registration review dockets for a set of biopesticides as part of a program aimed at ensuring such substances meet current scientific and safety standards. 74 Fed. Reg. 50203. The pesticides are verbenone and 4-allyl anisole, wood oils and gums (cedarwood oil), metarhizium anisopliae, and streptomyces griseoviridis. Comments on the registration review of the five biopesticides must be submitted by November 30, 2009.

EPA Seeks To Disclose Hazardous Pesticide Inert Ingredients -- On September 30, 2009, EPA announced it is moving forward “with a plan to disclose the identities of all inert ingredients in pesticides.” This increased transparency will reportedly, according to EPA, assist consumers and users of pesticides in making informed decisions and will better protect public health and the environment. Pesticide manufacturers typically disclose their inert ingredients only to EPA. Currently, EPA evaluates the safety of all active and inert ingredients in a product’s formulation when determining whether the pesticide should be registered. EPA anticipates publishing its proposed rulemaking in the Federal Register within the next few months. EPA reportedly will discuss ideas for greater disclosure of inert ingredient identities, including inerts associated with various hazards, as well as inerts in general. EPA believes one way of discouraging the use of the more hazardous inert ingredients in pesticide formulations is by making their identities public. In addition to pursuing regulatory action for inert disclosure, EPA is considering encouraging voluntary initiatives to achieve this broader disclosure. On September 30, 2009, EPA also responded to two petitions (one by Northwest Coalition for Alternatives to Pesticides (NCAP), and a second by certain State Attorneys General), that identified over 350 inert pesticide ingredients as hazardous. The petitioners asked EPA to require these inert ingredients be identified on the labels of products that include them in their formulations. The NCAP petition is available at http://www.epa.gov/opprd001/inerts/petition_ncap.pdf and the State Attorneys General petition is available at http://www.epa.gov/opprd001/inerts/petition_states.pdf. EPA’s response to the petitions is available at http://www.epa.gov/opprd001/inerts/petitionresponse.pdf.

CAA/CWA

RCRA/CERCLA

REACH

Guidance on Requirements for Substances in Articles -- This document assists producers and importers of articles in identifying whether they have obligations under REACH.

Guidance on Registration -- This document describes when and how to register a substance under REACH. It consists of two parts: one on Registration tasks and obligations and the other on the preparation of the Registration Dossier.

Guidance for Downstream Users - Linguistic Update Published in the Internet -- This document describes the roles and obligations of downstream users, and advises them on how to prepare for the implementation of REACH.

The translations of the six documents can be found in the guidance section of the ECHA website at http://guidance.echa.europa.eu/guidance_en.htm.

NANOTECHNOLOGY

EPA is seeking nominations of qualified individuals to be considered as prospective SAP candidates. According to the notice, individuals nominated should have expertise in one or more of the following areas: nanosilver and other nanometals; ecotoxicology and environmental fate of nanoparticles; characterization of nanoparticles; nanoparticle toxicology (inhalation and dermal absorption); nanoparticle toxicology in general; and nanoparticle occupational exposure. Nominees should be scientists who have sufficient professional qualifications, including training and experience, to be capable of providing expert comments on the scientific issues for this meeting. Nominations should identify the nominee by name, occupation, position, address, and telephone number. EPA states that it “will consider all nominations of prospective candidates for this meeting that are received on or before this date. However, final selection of ad hoc members for this meeting is a discretionary function of the Agency.”

PEN Holds Meeting On Transatlantic Regulatory Cooperation -- On September 23, 2009, the Woodrow Wilson International Center for Scholars Project on Emerging Technologies (PEN) hosted a meeting on “Transatlantic Regulatory Cooperation: Securing the Promise of Nanotechnologies.” The program is part of a collaborative research project involving experts from the London School of Economics (LSE), Chatham House, the Environmental Law Institute (ELI), and PEN. The project is funded by a grant from the European Commission to support pilot projects on “Transatlantic methods for handling global challenges.” The purpose of the meeting was to discuss recommendations from the research effort that are part of a report released on September 10, 2009. The meeting was also intended to generate and examine new ideas to enable greater transatlantic convergence on nanotechnology oversight today and in the future. The slides and webcast from the meeting, as well as the report and briefing paper, are available on the Internet at http://www.nanotechproject.org/events/archive/ec/.

The PEN meeting included two panels. The first consisted of David Rejeski, Director, PEN; Leslie Carothers, President, ELI; Linda Breggin, Senior Attorney, ELI; Robert Falkner, Senior Lecturer in International Relations, LSE; and John Pendergrass, Senior Attorney, ELI. The second panel included Andrew Maynard, Chief Science Advisor, PEN; Mitchell Cheeseman, Acting Director, Office of Food Additive Safety, Food and Drug Administration; J. Clarence Davies, Senior Advisor, PEN; Richard A. Denison, Senior Scientist, Environmental Defense Fund; Astrid Koch, Science and Technology Section, European Commission; and William Gulledge, ACC.

EPA Announces Research Strategy To Study Nanomaterials -- On September 30, 2009, EPA announced the availability of the Nanomaterial Research Strategy (Strategy), which EPA describes as its new research strategy to understand better how manufactured nanomaterials may harm human health and the environment. The Strategy outlines what research EPA intends to support over the next several years to generate information about the safe use of nanotechnology and products that contain nanoscale materials. The Strategy also includes research into ways nanotechnology can be used to clean up toxic chemicals in the environment. In its announcement, EPA states that its role among federal agencies “is to determine the potential hazards of nanotechnology and develop approaches to reduce or minimize any risks identified. As part of the strategy, researchers are investigating widely used nanomaterials, such as carbon nanotubes, which are used in vehicles, sports equipment and electronics; and titanium dioxide, which is used in paints, cosmetics and sunscreens.” The Strategy is available on the Internet at http://www.epa.gov/nanoscience/files/nanotech_research_strategy_final.pdf.

Obama Issues Executive Order Focused On Federal Leadership In Environmental, Energy, And Economic Performance -- President Obama signed an Executive Order that sets sustainability goals for federal agencies and focuses on making improvements in their environmental, energy, and economic performance. The Executive Order requires federal agencies to set a 2020 GHG emissions reduction target within 90 days; increase energy efficiency; reduce fleet petroleum consumption; conserve water; reduce waste; support sustainable communities; and leverage federal purchasing power to promote environmentally-responsible products and technologies. The federal government occupies nearly 500,000 buildings, operates more than 600,000 vehicles, employs more than 1.8 million civilians, and purchases more than $500 billion per year in goods and services. The Executive Order builds on and expands the energy reduction and environmental requirements of Executive Order 13423 by making reductions of GHG emissions a priority of the federal government, and by requiring agencies to develop sustainability plans focused on cost-effective projects and programs. Projected benefits to the taxpayer include substantial energy savings and avoided costs from improved efficiency. The Executive Order was developed by the Council on Environmental Quality (CEQ), the Office of Management and Budget (OMB), and the Office of the Federal Environmental Executive (OFEE), with input from the federal agencies that are represented on the Steering Committee established by Executive Order 13423. The new Executive Order requires agencies to measure, manage, and reduce GHG emissions toward agency-defined targets. It describes a process by which agency goals will be set and reported to the President by the Chair of CEQ. The Executive Order also requires agencies to meet specified energy, water, and waste reduction targets. Implementation of the Executive Order will focus on integrating achievement of sustainability goals with agency mission and strategic planning to optimize performance and minimize implementation costs. Each agency will develop and carry out an integrated Strategic Sustainability Performance Plan that prioritizes the agency’s actions toward the goals of the Executive Order based on lifecycle return on investments. Implementation will be managed through the previously-established OFEE, working in close partnership with OMB, CEQ, and the agencies.

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