By Lynn L. Bergeson and Carla N. Hutton
On November 21, 2022, the U.S. Environmental Protection Agency (EPA) announced that it has improved public access to certain reports submitted by chemical companies in ChemView, EPA’s web application for public access to non-confidential business information (non-CBI) on chemicals regulated under the Toxic Substances Control Act (TSCA), including new chemical notices and notices of substantial risk. EPA has published previously unpublished new chemical notices received under TSCA Section 5 and notices of substantial risk provided by companies under TSCA Section 8(e). EPA states that going forward, it will continue to identify older, previously submitted unpublished information to make available in ChemView and will publish newly received TSCA Section 5 notices and TSCA Section 8(e) reports on a “near real-time basis.” EPA has also published in ChemView chemical health and safety studies received under TSCA Section 8(d).
New Chemical Submissions
TSCA Section 5 requires EPA to publish a list of new chemical submissions it has received, including premanufacture notices (PMN), significant new use notices (SNUN), microbial commercial activity notices (MCAN), test market exemption (TME) applications, notices of commencement of manufacture or import (NOC), and test information submitted under Section 5. According to EPA, in 2022 it made available in ChemView more than 25,000 new chemical notice records received under TSCA Section 5, including notices received between 2014 and 2019 that had not been published previously. In 2019, EPA began publishing non-CBI notices on an ongoing basis, and “new records are now generally published within five days of receipt.” EPA states that it will also continue to identify and make public older, previously unpublished new chemicals notices.
Notices of Substantial Risk
TSCA Section 8(e) requires chemical companies to inform EPA of information that reasonably supports the conclusion that a chemical may present a substantial risk of injury to health or the environment. EPA uses these notices to inform new and existing chemical risk assessment activities. According to EPA, in 2022 it has published 3,900 notices of substantial risk records received under TSCA Section 8(e) in ChemView, including more than 3,300 non-CBI notices submitted between January 1, 2019, and December 20, 2021, that were not previously published due to resource limitations. EPA states that over the next several months, it will publish all non-CBI versions of Section 8(e) notices received from December 20, 2021, to the present. Going forward, “EPA will strive to publish 8(e) notices deemed complete within a week of receiving them from companies.” Additionally, EPA will work to identify and publish Section 8(e) notices received before 2019 as resources allow.
Health and Safety Data Reporting
Regulations promulgated under TSCA Section 8(d) require chemical companies to submit lists and copies of health and safety studies relating to the health and/or environmental effects of specified chemical substances and mixtures. According to EPA, in 2022 it published more than 1,700 health and safety study records received since September 2021 under TSCA Section 8(d) in ChemView. EPA notes that many of these records were in response to EPA’s 2021 Section 8(d) rulemaking, Health and Safety Data Reporting; Addition of 20 High-Priority Substances and 30 Organohalogen Flame Retardants. EPA states that it expects to publish additional Section 8(d) records “in the future.”
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Bergeson & Campbell, P.C. (B&C®) is a Washington, D.C., law firm providing biobased and renewable chemical product stakeholders unparalleled experience, judgment, and excellence in bringing innovative products to market.
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By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On April 9, 2022, researchers from the University of Groningen’s Stratingh Institute for Chemistry and the Department of Chemistry, Organic and Bioorganic Chemistry at the University of Graz, published a study in the journal Green Chemistry titled “A molecular motor from lignocellulose.” The study explores lignin’s use as the largest natural source of functionalized aromatics on the planet and its inherent structural features. The authors showcase the synthesis of a novel light-driven unidirectional motor from a specific aromatic platform chemical that can be obtained through a reductive catalytic fractionation strategy of lignocellulose. Taking into account the principles of green chemistry, the synthetic path used in the study aims to maintain the intrinsic functionality of the lignin-derived platform molecule. The molecular motor is synthesized for the first time from exclusively renewable building blocks sourced from renewable feedstock. According to the study, this concept can be applied as a general strategy that opens paths for future machines, motors, and nanoscience made from sustainable sources. This strategy would benefit the environment and decrease expenses related to hazardous waste management. By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On March 25, 2021, researchers from the University of Maryland Department (UMD) of Materials Science and Engineering (MSE) published, in Nature Sustainability, a study titled “A strong, biodegradable and recyclable lignocellulosic bioplastic.” The study outlines UMD MSE’s new in situ lignin regeneration strategy that synthesizes a high-performance bioplastic from lignocellulosic resources such as wood. According to the published article, renewable and biodegradable materials derived from biomass often exhibit mechanical performance and wet stability that are insufficient for practical applications. Given these circumstances, the newly developed method for bioplastic production improves efficiency and reduces environmental impacts because it involves only green and recyclable chemicals. The study can be accessed here, detailing the process in which porous matrices of natural wood are deconstructed to form the lignocellulosic bioplastic. EPA announced on November 13, 2019, that it published “new, easily-searchable” web pages displaying information on:
EPA notes that it is required to publish information pertaining to new chemical submissions under TSCA Section 5. EPA states that historically, these data have been, and will continue to be, made available monthly in the Federal Register via www.regulations.gov. According to EPA, the new web pages “are a much easier way for the public to access information about new chemical submissions.” The web pages provide information, such as the date the notice was received by EPA, the case number, and the chemical substance identity (to the extent that such information is not subject to a confidential business information (CBI) claim. EPA states that it will update the web pages monthly. USDA has amended the National List of Allowed and Prohibited Substances maintained by the National Organic Program (NOC) to allow biodegradable biobased mulch film to be used in organic production with restrictive annotations. To be used in organic production, the mulch must be produced in accordance with NOC's rules for organic production. This rule becomes effective on October 30, 2014. More information about the amendment is available online. |
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