Regulation Update - Pollution Engineering

EPA Issues Final Rule Revising the Acquisition Regulation On April 12, 2007, EPA issued a final rule revising the EPA Acquisition Regulation (EPAAR) to establish policy and procedures for acquiring environmentally preferable meeting and conference services.

EPA Releases Enforcement Program Report According to the report, EPA's enforcement office conducted more than 23,000 compliance inspections, initiated more than 305 criminal cases, and performed more than 352 civil investigations.

$14 Billion of Water Projects Make Headway The Senate Environment and Public Works Committee approved legislation on March 29, 2007, authorizing the U.S. Army Corps of Engineers to carry out a variety of navigation, flood control, water supply, environmental restoration, and other water resource projects.

Subcommittee Approves Provision to Regulate Foreign Solid Waste Imports The House Energy and Commerce Committee approved legislation (H.R. 518) on March 22, 2007, that would authorize states to regulate imports of foreign solid waste and allow EPA to implement a bilateral waste agreement between the U.S. and Canada.

Climate Change Bill Re-Introduced Representative Henry Waxman (D-Calif.) reintroduced on March 20, 2007, the Safe Climate Act, which would work to reduce total U.S. greenhouse gas emissions to 80 percent below 1990 levels by 2050.

Senate Committee Approves Resolution on Climate Change Negotiations The Senate Foreign Relations Committee approved by voice vote on March 28, 2007, a "sense of the Senate" resolution (S. Res. 30) urging President Bush to re-start U.S. participation in international climate change negotiations aimed at curbing global greenhouse gas emissions.

House Approves FOIA Reform Bills The House of Representatives on March 14, 2007, passed a bill (H.R. 1309) intended to strengthen the Freedom of Information Act (FOIA) by giving those requesting information new tools to prompt government action and imposing consequences on agencies that miss deadlines.

Bill Would Regulate Ammonium Nitrate The House Homeland Security Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology approved on March 29, 2007, legislation (H.R. 1680) that would give DHS the authority to regulate the sale and purchase of ammonium nitrate to prevent its use by terrorists.

EPA Proposes Revisions to the Definition of Solid Waste On March 26, 2007, EPA proposed revising the definition of solid waste under Subtitle C of the Resource Conservation and Recovery Act (RCRA), the federal hazardous waste management regulatory scheme.

EPA Proposes Expedited Approval of Test Procedures for Analysis of Contaminants Under SDWA On April 10, 2007, EPA announced its intent to implement an expedited process for approving alternative testing methods for existing regulations for drinking water contaminants.

EPA Proposes NESHAP for Area Sources The proposed emissions standards for new and existing sources are based on EPA's proposed determination as to what constitutes the generally available control technology or management practices for each area source category.

U.S. Supreme Court Rules that EPA has Power to Regulate Greenhouse Gases On April 2, 2007, the U.S. Supreme Court, addressing global warming for the first time, ruled that carbon dioxide from motor vehicles is an "air pollutant" under the CAA and thus is subject to regulation by EPA.

EPA Issues ANPR on Residual Risk Issues On March 29, 2007, EPA issued an ANPR and requested comments on hazardous air pollutant emissions and other model input data that EPA intends to use to assess residual risk from certain industrial major source categories.

EPA Issues Final Reporting Rule Regarding 'Exception Events' On March 22, 2007, EPA issued a final rule governing the review and handling of air quality monitoring data influenced by "exceptional events."

EPA Updates FIFRA Section 18 Database EPA announced on April 12, 2007, that it has updated its database of actions taken under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 18.

EPA Releases Pesticide Data Submitters List On March 31, 2007, EPA released the current edition of its pesticide data submitters list. The list contains names and addresses of pesticide registrants who wish to be compensated when their data are used to support the registration of other companies' pesticides.

EPA Considers Revising FIFRA Regulations For PIPs On April 4, 2007, EPA published an Advance Notice of Proposed Rulemaking (ANPR) announcing possible revisions to the current pesticide establishment and production regulations for producers of plant-incorporated protectants.

EPA Announces 2005 TRI Data Availability On March 23, 2007, EPA released the 2005 Toxics Release Inventory (TRI) data. Created under the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986, the TRI program requires certain facilities to report annually on their chemical releases and other waste management activities to EPA and the states.

EPA Revokes Testing Requirements for Coke-Oven Light Oil On Dec. 8, 2006, the EPA announced its decision to revoke its TSCA Section 4 testing proposal for coke-oven light oil.

EPA Makes Available Inventory of Sources and Environmental Releases of Dioxin-Like Compounds

On Dec. 1, 2006, the EPA announced the availability of a final report titled An Inventory of Sources and Environmental Releases of Dioxin-Like Compounds in the United States for the Years 1987, 1995 and 2000 (EPA/600/P-03/002F), which was prepared by the National Center for Environmental Assessment (NCEA) within the EPA's Office of Research and Development (ORD).

EPA Publishes Draft Final Rule Amending and Extending Exceptions from Definition of 'Pesticide Chemical' and 'Pesticide Chemical Residue' On Dec.6, 2006, the EPA published a direct final rule that amended and extended the exceptions from the definition of "pesticide chemical" and "pesticide chemical residue" contained in 40 C.F.R. Section 180.4. 71 Fed. Reg. 70667.

EPA Revokes Testing Requirements for Coke-Oven Light Oil

On Dec. 8, 2006, the EPA announced its decision to revoke its TSCA Section 4 testing proposal for coke-oven light oil. The substance was among 17 high-production volume (HPV) chemicals included in a test rule the agency published on March 16, 2006. The EPA reported that since it issued the testing requirements in March, it has obtained information showing that the number of workers potentially exposed is insufficient to meet TSCA rulemaking criteria. The direct final rule is effective Feb. 6, 2007, unless the agency receives adverse comment or a written request to provide oral comments to the agency by Jan. 8, 2007.

EPA Publishes Draft Final Rule Amending and Extending Exceptions from Definition of 'Pesticide Chemical' and 'Pesticide Chemical Residue' On Dec.6, 2006, the EPA published a direct final rule that amended and extended the exceptions from the definition of "pesticide chemical" and "pesticide chemical residue" contained in 40 C.F.R. Section 180.4. 71 Fed. Reg. 70667.

Pesticide Program Dialogue Committee Meeting to Include Nanotechnology Program Dialogue Committee (PPDC). Agenda topics included registration and reregistration/tolerance reassessment; registration review; endangered species update; Endocrine Disruptors Screening Program; update on alternative (non-animal) testing; and, interestingly, nanotechnology.

Office workers say job stress causes physical problems Office workers may not realize that minor routine office actions add up, but according to one recent study two-thirds of U.S. office workers (66 percent) said they experience some physical problems as a result of job-related stress or exertion.

EPA Releases 2010/15 PFOA Stewardship Program Reporting Guidance The EPA issued on Oct. 20, 2006, a final guidance document, entitled 2010/15 PFOA Stewardship Program: Guidance on Reporting Emissions and Product Content, which includes guidance on reporting emissions and product content.

Pesticide Program Dialogue Committee Meeting to Include Nanotechnology Program Dialogue Committee (PPDC). Agenda topics included registration and reregistration/tolerance reassessment; registration review; endangered species update; Endocrine Disruptors Screening Program; update on alternative (non-animal) testing; and, interestingly, nanotechnology.

EPA Releases 2010/15 PFOA Stewardship Program Reporting Guidance The EPA issued on Oct. 20, 2006, a final guidance document, entitled 2010/15 PFOA Stewardship Program: Guidance on Reporting Emissions and Product Content, which includes guidance on reporting emissions and product content.

Office workers say job stress causes physical problems Office workers may not realize that minor routine office actions add up, but according to one recent study two-thirds of U.S. office workers (66 percent) said they experience some physical problems as a result of job-related stress or exertion.

EPA Requests Nominations of Drinking Water Contaminants for the Contaminant Candidate List On Oct. 16, 2006, the EPA requested nominations of chemical and microbial contaminants for possible inclusion in the third drinking water Contaminant Candidate List (CCL 3).

ATSDR Makes Available Draft Toxicological Profile On Oct.18, 2006, the Department of Health and Human Services announced the availability of the 20th set of toxicological profiles, which consists of one new draft and six updated drafts, prepared by the Agency for Toxic Substances and Disease Registry (ATSDR) for review and comment.

EPA Withdraws 26 Chemical Substances from PAIR and Health Safety Data Reporting Rules (Oct. 5) On Sept. 29, 2006, the EPA withdrew 26 chemical substances from the category of voluntary High Production Volume (HPV) Challenge Program orphan (unsponsored) chemical substances that would be subject to reporting requirements under Toxic Substances Control Act (TSCA) Sections 8(a) and 8(d).

EPA Announces IRIS Literature Screening Verification (Oct. 5)

On Sept. 28, 2006, the EPA announced the addition of 10 confirmations to the Integrated Risk Information System (IRIS) summaries. The agency announced the annual IRIS agenda on Feb. 9, 2004, stating that it would use findings from the recent IRIS literature screening level review project as the basis for a systematic update of the IRIS database.

EPA Issues Final Pesticide Container Rule Custom Blending Policy Guidance On Aug. 16, 2006, the EPA issued a final rule establishing requirements for pesticide container design and procedures, standards, and label language to facilitate removal of pesticides from containers prior to disposal, as well as guidance on custom blending.

NAC/AEGL Committee Announces Notice of a Public Meeting On Aug. 18, 2006, the National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) announced the scheduling of a public meeting on September 6-8, 2006, in Bethesda, Maryland.

EPA Authorized Access to NIOSH on CBI Data On Aug. 18, 2006, the EPA published a notice announcing it has authorized access to the National Institute for Occupational Safety and Health (NIOSH) to information, including confidential business information (CBI), submitted to the agency under the Toxic Substances Control Act (TSCA).

State Coalition Petitions EPA to Require Disclosure of Inert Ingredients On Aug. 1, 2006, a coalition of 14 states and the U.S. Virgin Islands petitioned the EPA to amend its rules governing the disclosure of inert ingredients on pesticide product labels.

EPA Updates IUR Website for Impending Reporting Period The EPA has updated the part of its website dedicated to the TSCA Inventory Update Rule (IUR) with a variety of tools and guidance to assist the regulated community in meeting its upcoming reporting obligation (see www.epa.gov/opptintr/iur/).

FY 2005 Pesticide Reregistration Performance Measures and Goals On June 23, 2006, the EPA announced its progress in meeting its performance measures and goals for pesticide reregistration during F.Y. 2005.

National Academies’ National Research Council Issues Biomonitoring Report On July 24, 2006, the National Academies’ National Research Council issued a report providing an overview of biomonitoring activities in the United States and abroad.

EPA Denies TSCA Section 21 Petition on Lead in Toys On July 27, 2006, the EPA announced its decision to deny the Toxic Substances Control Act (TSCA) Section 21 petition submitted on April 21, 2006, by the Sierra Club.

EPA Issues Mercury Roadmap On July 5, 2006, the EPA issued its Roadmap for Mercury, the first-ever comprehensive overview of EPA mercury activities.

ITC Issues 58th Report On July 11, 2006, the EPA released the 58th report of the Toxic Substances Control Act (TSCA) Interagency Testing Committee.

EPA Amends MON NESHAP On July 14, 2006, the EPA issued final amendments to its Nov. 10, 2003, national emission standards for hazardous air pollutants (NESHAP) for miscellaneous organic chemical (MON) manufacturing.

EPA Issues Safer Detergents to REACH Initiative On June 12, 2006, the EPA launched its Safer Detergents Stewardship Initiative (SDSI) to “recognize companies, facilities, and others who voluntarily phase out or commit to phasing out” the manufacture or use of nonylphenol ethoxylate surfactants, commonly referred to as NPEs.

PETA Petitions EPA to Allow Internationally Accepted Non-Animal Tests

On June 23, 2006, the People for the Ethical Treatment of Animals (PETA) filed a petition with the EPA requesting that the agency’s pesticide and industrial chemical testing guidelines be amended to allow companies to use internationally accepted non-animal tests to assess whether a substance would be likely to cause skin corrosion.

EPA Proposes Amendments to SOCMI NESHAP On June 14, 2006, the EPA proposed amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the synthetic organic chemical manufacturing industry (SOCMI), commonly known as the NESHAP HON (hazardous organic NESHAP).

EPA Issues Significant New Use on Polybrominated Diphenyl Ethers On June 13, 2006, the EPA issued a final significant new use rule (SNUR) under Toxic Substances Control Act (TSCA) Section 5(a)(2) for several polybrominated diphenyl ethers (PBDE).

EPA Announces Voluntary Labeling Program to Conserve Water On June 12, 2006, the EPA announced its WaterSense program, a voluntary certification and labeling program intended to promote water efficiency.

GAO Issues Report on Strengthening Risk Assessment Process On June 30, 2006, the Government Accountability Office (GAO) issued a report urging the EPA to strengthen its process used to prepare risk assessments.

EPA Withdraws Direct Final Rule on De Minimis Submission Loopholes On June 1, 2006, the EPA announced its decision to withdraw the direct final rule amendments to the PM2.5 De Minimis Emission Levels for General Conformity Applicability rule published on April 5, 2006.

EPA Issues Final Rule Correcting Amendments to Standards of Performance for New Stationary Sources On June 1, 2006, the EPA issued final corrections to a rule issued in August 2000, revising the monitoring requirements in Performance Specification 1 (PS-1). The rule is intended to correct certain errors in the rule.

EPA Issues Final Right-To-Know Rule On June 6, 2006, the EPA issued a final rule amending its Toxics Release Inventory (TRI) rule to include the North American Industry Classification System (NAICS) codes.

EPA Proposes Revisions to Air Monitoring Requirements On June 2, 2006, the EPA proposed revisions to its interpretation of certain existing federal air program operating permit regulations.

EPA Seeks Comment on TSCA Petition On May 31, 2006, the EPA requested comment on a petition submitted by the Sierra Club urging the agency to take action on toy jewelry containing lead.

EPA Proposes Alternative Generator Standards Applicable to College and University Laboratories On May 23, 2006, the EPA proposed alternative generator requirements under the Resource Conservation and Recovery Act (RCRA) applicable to college and university laboratories.

Center For International Environmental Law Issues Report On U.S. Chemical Law Changes On May 9, 2006, the Center for International Environmental Law (CIEL) released a report entitled Cloudy Skies, Chance of Sun: A Forecast for U.S. Reform of Chemicals Policy. A copy of the report is available at http://www.ciel.org/Publications/Cloudy_skies_9May06.html.

EPA Extends Comment Period On Perfluoroalkyl Sulfonates Proposal On May 10, 2006, the EPA announced its decision to extend the public comment period for the proposed Significant New Use Rule for certain Pefluoroalkyl Sulfonates. The comment period had been May 10, 2006.

EPA Withdraws Rule On Electroplating Sludge Rule On May 10, 2006, EPA reported that it has withdrawn a draft proposed rule that would have allowed for the recycling of F006 electroplating sludge. EPA also indicated that it is considering rolling the proposal into a broader rule with other industrial recycling operations.

EPA Settles TSCA Violations Against 3M On April 25, 2006, the EPA announced that 3M Company and the agency had settled alleged violations of the Toxic Substances Control Act (TSCA) that the company discovered and disclosed during a corporate-wide audit agreement.

EPA Schedules Public Workshop on IUR On April 26, 2006, the EPA published a notice announcing that a public workshop will be held to provide training for persons responsible for submitting information during the 2006 Inventory Update Reporting (IUR) period.

NTP Nominates Testing for Ten Chemicals – April 21 On April 11, 2006, the National Toxicology Program (NTP) nominated ten chemicals for testing.

EPA Issues Direct Final Rule Revoking TSCA Section 4 Testing Requirements – April 21

On April 12, 2006, the EPA issued a direct final rule removing dimethylsulfate (DMS) from the list of chemical substances regulated under the dermal test rule issued in 2004, and removed the requirement that testing be conducted to determine a permeability constant (Kp) for methyl isoamyl ketone (MIAK) and dipropylene glycol methyl ether (DPGME).