CBP delays effective date for TSCA Import Certification Process Revisions

The U.S. Customs and Border Protection (CBP) published a final rule (81 FR 8590), on January 27, 2017, delaying the effective date of the final rule published on December 27, 2016 (81 FR 94980-94986) which finalized revisions to the Toxic Substances Control Act (TSCA) certification process when importing bulk chemicals or when importing as part of mixtures and articles containing a chemical or mixture.

This final rule is effective January 25, 2017 and the effective date of the December final rule is now March 21, 2017.  The delay is in response to the January 20, 2017 Memorandum for the Heads of Executive Departments and Agencies from Reince Priebus, Assistant to the President and Chief of Staff.  Click here to see the memorandum. 

For more information on the specific changes finalized in the December rule, click here to read an earlier post by GCSG related to the August 29, 2016 proposed rule (81 FR 59157-59162).     

Congress sends President TSCA Overhaul bill

On Tuesday, Congress passed a bill that would update the 1976 Toxic Substances Control Act (TSCA).  The measure requires the Environmental Protection Agency (EPA) to evaluate new and existing chemicals with a risk-based safety standard.  The bill establishes deadlines for the EPA and makes it more difficult for industry to make proprietary claims. 

The American Chemistry Council (ACC), which represents the U.S. chemical industry, supported passage of the measure. 

Key Link(s):

• "Congress Sends Obama Bill to Regulate Toxic Chemicals" - Associated Press
• "Congress Passes Historic Legislation to Modernize TSCA" - ACC
• S.697 (Text of bill) - Frank R. Lautenberg Chemical Safety for the 21st Century Act - Congress.gov

EPA Partially Exempts Certain Chemical Substances From Some CDR Reporting

On March 29, 2016 the EPA published a final rule (81 FR 17392-17395) that amends the list of chemical substances that are partially exempt from reporting additional information under the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule.  The final rule is effective March 29, 2016. 

With this final rule the EPA is adding the following chemical substances to the list that are exempt from reporting the information described in 40 CFR 711.15(b)(4) :

• Fatty acids, C14-18 and C16-18 unsaturated, methyl esters (CASRN 67762-26-9)
• Fatty acids, C16-18 and C-18 unsaturated, methyl esters (CASRN 67762-38-3)
• Fatty acids, canola oil, methyl esters (CASRN 129828-16-6)
• Fatty acids, corn oil, methyl esters (CASRN 515152-40-6)
• Fatty acids, tallow, methyl esters (CASRN 61788-61-2)
• Soybean oil, methyl esters (CASRN 67784-80-9).

According to 40 CFR 711.6, this partial exemption will become inapplicable to a chemical substance in the event that the chemical substance later becomes the subject of a rule proposed or promulgated under section 4, 5(a)(2), 5(b)(4), or 6 of TSCA; an enforceable consent agreement (ECA) developed under the procedures of 40 CFR part 790; an order issued under TSCA section 5(e) or 5(f); or relief that has been granted under
a civil action under TSCA section 5 or 7.

EPA Issues 2016 TSCA CDR Reporting Guidance

The EPA has published seven factsheets and a FAQ web page that help explain the TSCA 2016 CDR reporting requirements.  The most recently published guidance include a FAQ page and factsheets for toll manufacturing and byproducts reporting for the printed circuit board industry.  The complete list of guidance documents (with direct links) are listed below:   

• Chemical Substances which are the Subject of Certain TSCA Actions
• Reporting Thresholds for 2016
• Reporting After Changes to Company Ownership or Legal Identity
• Importers
• Imported Articles
• Toll Manufacturing
• Byproducts Reporting for the Printed Circuit Board Industry
• Frequent Questions