TSCA/ FIFRA/ TRI, RCRA/ CERCLA/ CWA/ CAA/ PHMSA/ SDWA, COVID-19, FDA, NANOTECHNOLOGY and more: Recent Regulatory Developments Wednesday, December 16, 2020
TSCA/FIFRA/TRI
EPA Proposes SNURs For Certain Chemical Substances: On November 16, 2020, the U.S. Environmental Protection Agency (EPA) published proposed significant new use rules (SNUR) for certain chemical substances that are the subject of premanufacture notices (PMN). 85 Fed. Reg. 73007. The proposed SNURs would require persons to notify EPA at least 90 days before commencing manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use. The proposed SNURs would further require that persons not commence manufacture or processing for the significant new use until they have submitted a significant new use notice (SNUN), and EPA has conducted a review of the notice, made an appropriate determination on the notice unde
Thursday, December 10, 2020
On December 7, 2020, the U.S. Environmental Protection Agency (EPA) issued for comment the Proposed Interim Decision (PID) for chlorpyrifos. 85 Fed. Reg. 78849. EPA announced it is proposing new risk mitigation measures to address potential human and environmental risks identified in EPA’s September 2020 draft risk assessments. The PID proposes the following measures:
Label amendments limiting application to address potential drinking water risks of concern.
Additional personal protection equipment and application restrictions to address potential occupational handler risks of concern.
Spray drift mitigation, in combination with the use limitations and application restrictions identified to address drinking water and occupational risks, to reduce exposure to non-target organisms.
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On December 7, 2020, the U.S. Environmental Protection Agency (EPA) issued for comment the Proposed Interim Decision (PID) for chlorpyrifos. 85 Fed. Reg. 78849. EPA announced it is proposing new risk mitigation measures to address potential human and environmental risks identified in EPA’s September 2020 draft risk assessments. The PID proposes the following measures:
Label amendments limiting application to address potential drinking water risks of concern.
Additional personal protection equipment and application restrictions to address potential occupational handler risks of concern.
Spray drift mitigation, in combination with the use limitations and application restrictions identified to address drinking water and occupational risks, to reduce exposure to non-target organisms.
Thursday, December 10, 2020
In December 2020, EPA released its Proposed Interim Decision for the Registration Review of Chlorpyrifos (PID). The PID states that chlorpyrifos degrades into chlorpyrifos oxon, a toxic and potent acetylcholinesterase inhibitor that potentially causes neurodevelopmental effects. Importantly, the PID indicates that the state of the science is still unclear after years of studies despite some studies that have found neurodevelopmental effects to pre-natal, infants, and children from chlorpyrifos exposures. This statement echoes the EPA’s statements in the draft Ecological Risk assessment and Revised Human Health Risk Assessment for chlorpyrifos released in September 2020 that seemingly walked back many of the findings that were in EPA’s 2016 risk assessment. Only time will tell how the data and findings in the recently released PID stand up to review by the scientific community. However, the findings in the PID should not move the needle