Archives

May 16, 2024

There Is More to TSCA Reporting Than CDR: TSCA Sections 8(a), (c), (d), and (e), featuring Dave Turk and Stephanie Griffin from EPA OCSPP, June 18, 2024, 11:00 a.m. – 12:00 p.m. (EDT), via webinar

The U.S. Environmental Protection Agency (EPA) has been using its Toxic Substances Control Act (TSCA) Section 8 authorities in new and different ways. These TSCA reporting obligations have been of interest to stakeholders, raising many good questions and interest in understanding why EPA is seeking information, how it relies upon the information it receives, and what is in scope under the various reporting obligations. We here at Bergeson & Campbell, P.C. (B&C®) think it is...
March 12, 2024

EPA Announces Settlement with Haifa North America to Resolve Alleged TSCA Reporting Violations

The U.S. Environmental Protection Agency (EPA) announced on March 6, 2024, a settlement requiring Haifa North America, Inc. (Haifa) to pay a civil penalty of $664,267 “for violations of chemical data reporting regulations under the Toxic Substances Control Act (TSCA).” EPA states that it alleged that Haifa failed to submit a data report required under TSCA for 32 chemical substances that Haifa had imported between 2016 and 2019. According to EPA, Haifa imports “various chemicals...
December 1, 2023

Lynn L. Bergeson, “Reporting PFAS: reporting burden is the least of businesses’ worries,” Financier Worldwide, December 2023.

Ask just about anyone doing business in the US making or importing products that contain chemicals what they think about the US Environmental Protection Agency’s (EPA’s) new per- and polyfluoroalkyl substance (PFAS) reporting rule, and you will get a decidedly grumpy response. Granted, no businessperson welcomes any new chemical reporting obligation, but by any standard, the EPA’s 11 October 2023 final PFAS reporting rule is problematic and is inviting uniquely scathing criticism....
October 19, 2023

EPA Publishes Instructions for Reporting Asbestos Data

On October 16, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of reporting instructions for entities required to report on their use of asbestos under the Toxic Substances Control Act (TSCA). EPA’s July 25, 2023, final rule requires manufacturers (including importers) or processors of asbestos between 2019 and 2022 with annual sales above $500,000 (combined with their parent company) in any of those years to report exposure-related information, including...
October 3, 2023

EPA Releases Final TSCA Section 8(a)(7) Reporting Rule for PFAS

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) released a long-overdue final rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) regarding reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). As discussed below, the final rule is not what many of us expected, nor wanted. EPA states that the reporting rule is a statutory requirement under the fiscal year (FY) 2020 National Defense Authorization Act (NDAA) that requires...
August 14, 2023

EPA Temporarily Waives Some Requirements under New CBI Procedures Rule

As reported in our June 12, 2023, memorandum, the U.S. Environmental Protection Agency (EPA) published on June 7, 2023, a final rule with new and amended requirements concerning the assertion and treatment of confidential business information (CBI) claims for information reported to or otherwise obtained by EPA under the Toxic Substances Control Act (TSCA). EPA announced on August 10, 2023, that to ensure the “smoothest possible reporting experience” for TSCA submitters using...
July 19, 2023

EPA Will Hold Second Webinar on Final CBI Rule

The U.S. Environmental Protection Agency (EPA) held a webinar on July 18, 2023, on its recent final procedural rule for submitting confidential business information (CBI) under the Toxic Substances Control Act (TSCA). EPA has added a second webinar date, July 20, 2023, at 2:00 p.m. (EDT). The final rule increases transparency, modernizes the reporting and review procedures for CBI, and aligns with the 2016 amendments to TSCA. The rule will become effective on August 7, 2023. EPA...
March 18, 2023

EPA Will Amend CDR Rule and Extend 2020 Submission Period

On March 17, 2020, the U.S. Environmental Protection Agency (EPA) announced the availability of a final rule amending the Chemical Data Reporting (CDR) rule.  According to EPA, the amendments are intended to reduce the burden for certain CDR reporters, improve the quality of CDR data collected, and align reporting requirements with the Frank R. Lautenberg Chemical Safety for the 21st Century Act’s (Lautenberg Act) amendments to the Toxic Substances Control Act (TSCA).  EPA...
September 21, 2022

EPA Will Hold Webinar on Accessing and Using TRI Pollution Prevention Data

The U.S. Environmental Protection Agency (EPA) will hold a webinar on September 24, 2021, for stakeholders to learn how to access and use the pollution prevention (P2) information collected by the Toxics Release Inventory (TRI) Program about projects implemented by companies to eliminate or reduce the creation of chemical waste. According to EPA, community members, local government representatives, facility personnel, and others can access this information through multiple online resources...
August 31, 2022

EPA Seeks Additional Comment on Proposal to Consolidate TSCA Section 8 ICRs

As reported in our March 14, 2022, blog item, the U.S. Environmental Protection Agency (EPA) announced on March 8, 2022, that it is planning to consolidate several Information Collection Requests (ICR) covering reporting and recordkeeping activities under Section 8 of the Toxic Substances Control Act (TSCA). 87 Fed. Reg. 12954. EPA has since submitted the ICR to the Office of Management and Budget (OMB) for review and approval. EPA published a notice on August 30, 2022, allowing...