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Monthly Digest: Chemical Regulatory Updates in Europe and North America in November 2021

European Union

REACH Requirements Need to be Considered in Chemical Recycling (November 11, 2021)

On November 11, 2021, ECHA summarized the conclusions and the potential solutions of the report on the investigation of the current knowledge on chemical recycling of polymeric materials such as plastics and rubber from waste. Following REACH registration requirements for recycled materials and finding ways to eliminate substances of concern from plastic waste streams are key to achieving non-toxic recycling. (Read more)

Existing Public Data on Waste is of Highly Value ((November 15, 2021)

On November 15, 2021, ECHA introduced the value of the existing public data on waste, which can be to estimate mass flows of nanomaterials to waste management facilities and the fate of nanomaterials in the environment. (Read more)

The United States

EPA Announces Revisions to Mercury Inventory Reporting Rule (November 2, 2021)

On November 2, 2021, the U.S. Environmental Protection Agency (EPA) announced revisions to the 2018 mercury inventory reporting rule which requires reporting from persons who manufacture (including import) mercury or mercury-added products, or otherwise intentionally use mercury in a manufacturing process. The revisions released mean that companies that import pre-assembled products that contain a mercury-added component are now required to report those imports to EPA under the mercury inventory reporting rule. (Read more)

EPA to Hold Building Managers Responsible for Lead-Based Paint Safety Requirements (November 4, 2021)

On November 4, 2021, the U.S. Environmental Protection Agency (EPA) announced its intent to improve compliance and strengthen enforcement of the lead-based paint Renovation, Repair and Painting (RRP) Rule as it applies to property management companies (PMCs) that perform, offer, or claim to perform regulated renovations without certification from the EPA in pre-1978 housing or child-occupied facilities. (Read more)  

EPA Responses to Vacatur of Certain Provisions of the Mercury Inventory Reporting Rule (November 8, 2021)

The Environmental Protection Agency (EPA) is revising regulations associated with persons who must report data to the Agency's mercury inventory established under the Toxic Substances Control Act (TSCA). Those reporting requirements were set forth in a final rule entitled “Reporting Requirements for TSCA Mercury Inventory: Mercury”. These revisions implement an order issued by the United States Court of Appeals for the Second Circuit (Second Circuit), on June 5, 2020. (Read more)

EPA Proposed Significant New Use Rules on Certain Chemical Substances (November 17, 2021)

On November 17, 2021, EPA proposed significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMNs). The chemical substances received “not likely to present an unreasonable risk” determinations pursuant to TSCA. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is proposed as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. (Read more)

EPA Announces First Mandated Adjustment for TSCA Fees (November 23, 2021)

On November 23, 2021, the U.S. Environmental Protection Agency (EPA) is announcing legally mandated changes to the fee requirements under the Toxic Substances Control Act (TSCA). TSCA directs EPA to adjust the fees every three years. Accordingly, an adjustment will go into effect on January 1, 2022, and will apply to all TSCA fees. (Read more)

EPA Requires Natural Gas Processing Facilities to Report to Toxics Release Inventory (November 24, 2021)

On November 24, 2021, the U.S. Environmental Protection Agency (EPA) finalized a rule to add natural gas processing facilities to the scope of the industrial sectors covered by the Toxics Release Inventory (TRI). This rule will provide communities with important information about how toxic chemicals are being managed by these facilities in and near their communities. (Read more)


Canada

Approach for a Subset of Organic and Inorganic Substances Prioritized Under the Chemicals Management Plan (November 5, 2021)

In November 2021, the Government of Canada published a proposed Approach for a Subset of Organic and Inorganic Substances Prioritized Under the Chemicals Management Plan. As a part of the Chemicals Management Plan (CMP), the Government of Canada assesses and manages, where appropriate, the potential health and ecological risks associated with substances prioritized for action under the Canadian Environmental Protection Act, 1999 (CEPA 1999). (Read more

Canada Consulted on the Draft Screening Assessment for Phenol, Methylstyrenated (November 6, 2021)

Phenol, methylstyrenated was identified for action under the Chemicals Management Plan (CMP). On November 6, 2021, Canada published the Draft Screening Assessment for Phenol, Methylstyrenated for a 60-day public comment period ending on January 5, 2022. Anticipated publication of the final screening assessment and proposed risk management approach will be in November 2022. (Read more)

Canada Consulted on the Draft Screening Assessment for the Flame Retardants Group (November 6, 2021)

Flame Retardants Group was identified for action under the Chemicals Management Plan (CMP). The screening assessment focuses on 10 of 13 substances referred to collectively as the Flame Retardants Group. On November 6, 2021, Canada published and started 60-day public comment period on the Draft Screening Assessment for the Flame Retardants Group (including follow-up activities for TBOEP and TDBDPB) and the Risk Management Scope for TPHP, BPDP, BDMEPPP, IDDP, IPPP and TEP. Anticipated publication of the final screening assessment and proposed risk management approach will be in November 2022. (Read more

Canada to Collect Information on BPA and BPA SAFAs (November 13, 2021)

In November 2021, the mandatory notice with respect to bisphenol A (BPA) and BPA structural analogues and functional alternatives (BPA SAFAs) was published under section 71 of the Canadian Environmental Protection Act, 1999 to collect information from Canadian manufacturers, importers and users of BPA and BPA SAFAs. The deadline to report is March 16, 2022. (Read more)

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