DG Digest: EPA proposes to amend TSCA reporting for small manufacturers

The EPA published a number of actions in reference to the handling of hazardous waste.  A Union Pacific train hauling waste passes over the Green River in Kent, Washington on the evening of April 24th.   Photo © 4/2019 by Nikki Burgess; all rights reserved.

The last two weeks of April featured improving weather across the United States, and then a late season snow storm hit east of the Mississippi!  Make sure your workplace’s cold weather and snow removal plans are still effective and protect those employees.  Regulatory action was varied across the time period, with EPA action in reference to the Toxic Substances Control Act, or TSCA, perhaps the standout news.  See below for all the latest.


The agency published a final rule amending some drug testing parameters. This final rule makes minor technical corrections to the OST, FAA, FTA, and PHMSA regulations governing drug testing for safety-sensitive employees to ensure consistency with the recent amendments made to the Department of Transportation’s regulation, ‘‘Procedures for Transportation Workplace Drug and Alcohol Testing Programs,’’ which added requirements to test for oxycodone, oxymorphone, hydrocodone, and hydromorphone to DOT-regulated drug testing programs. The changes to the Department’s regulation make it necessary to refer to these substances, as well as the previously covered drugs morphine, 6- acetylmorphine, and codeine, by the more inclusive term ‘‘opioids,’’ rather than ‘‘opiates.’’ This rule is effective on April 23, 2019.  See the link here

The agency also published Emergency Waiver #12, relaxing certain requirements in the area of Nebraska stricken by severe weather.  As usual, shippers and carriers must nevertheless maintain an equivalent level of safety.  See this waiver right here


The agency published proposed rule setting forth procedures for the review of information claimed as confidential by businesses when their substances faces review under the Toxic Substances Control Act (TSCA).  The rule is intended to offer clarification of how businesses can expect to see their proprietary information considered and if necessary and qualified, protected.  See the NPRM here

In more TSCA news, the agency is proposing to amend the Toxic Substances Control Act (TSCA) section 8(a) Chemical Data Reporting (CDR) requirements and the TSCA section 8(a) size standards for small manufacturers. The current CDR rule requires manufacturers (including importers) of certain chemical substances listed on the TSCA Chemical Substance Inventory (TSCA Inventory) to report data on chemical manufacturing, processing, and use every 4 years. EPA is proposing several changes to the CDR rule to make regulatory updates to align with new statutory requirements of TSCA, improve the CDR data collected as necessary to support the implementation of TSCA, and potentially reduce burden for certain CDR reporters. Proposed updates to the definition for small manufacturers, including a new definition for small governments, are being made in accordance with TSCA section 8(a)(3)(C) and impact certain reporting and recordkeeping requirements for TSCA section 8(a) rules, including CDR. The definitions may reduce burden on chemical manufacturers by increasing the number of manufacturers considered small.  See the NPRM right here

The agency also published a request for the renewal of an ICR that updates information on the general standards in place for regulated hazardous waste shipping.  The ICR is a straight renewal without change.  See it here


The agency published a notice proposing a modification to its specified use of the standard MC-150 form when carriers submit the periodically necessary Motor Carrier Identification Report (MCIR).  The notice broadens the use of the form to all carriers required to register with the agency.  See the notice here

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