New Guidance on TSCA Reporting

EPA has issued guidance to improve transparency with the public and with companies seeking Agency review of their new chemical substances under the Toxic Substances Control Act (TSCA). The guidance, titled “Points to Consider When Preparing TSCA New Chemical Notifications,” promotes early engagement and communication, and enhances overall understanding of EPA’s technical review and analysis to better move chemicals through the evaluation process.

“Through early engagement with industry and by being clear and specific about what information we require from them in their new chemical submission, we increase manufacturers’ certainty, improve submissions, and get new, safer chemicals on the market faster and more efficiently,” said EPA Administrator Scott Pruitt.

TSCA requires anyone who plans to manufacture (including import) a new chemical substance to provide EPA with notice before initiating the activity. This notice is known as a premanufacture notice (PMN). The guidance provides the general public, including new chemical submitters, with important information on:

• General guidance relating to new chemical notices;
• Preparation of pre-manufacture notices (PMNs), Significant New Use Notices (SNUNs), and exemption notices;
• EPA scientific approaches used in conducting PMN assessments; and
• Best practices.

EPA has incorporated comments from a December 2017 public meeting and feedback received on a November 2017 draft of the document. EPA expects that use of this guidance will result in more robust submissions to the Agency.

EPA encouraged companies to contact EPA’s new chemicals program to set up a pre-submission (or pre-notice) meeting before submitting their PMN. The pre-submission meeting is an opportunity to discuss the planned new chemical submission and to understand the Agency’s approach to reviewing new chemicals for potential risks early in the process.

Hazardous Waste Training

Annual hazardous waste training is required for anyone who generates, accumulates, stores, transports, or treats hazardous waste. Learn how to manage your hazardous waste in accordance with the latest state and federal regulations. Learn how to complete EPA’s new electronic hazardous waste manifest, and the more than 60 changes in EPA’s new Hazardous Waste Generator Improvements Rule. Environmental Resource Center’s Hazardous Waste Training is available at nationwide locations, and via live webcasts. If you plan to also attend DOT hazardous materials training, call 800-537-2372 to find out how can get your course materials on a new Amazon Fire HD10 tablet.

Study Finds Natural Gas Climate Advantage Nixed by Methane Loss

Methane leakage from the U.S. oil and natural gas supply chain is 60% higher than EPA estimates, according to a new study (Science 2018 DOI: 10.1126/science.aar7204).

The impact of the leakage is significant particularly in the short term because methane, a powerful greenhouse gas, has more than 80 times the climate warming potency of carbon dioxide over the first 20 years in the atmosphere.

A multi-institution effort led by Ramón A. Alvarez of the Environmental Defense Fund, the study attempted to resolve wide differences in methane emissions estimates. The researchers coupled ground-based, facility-specific measurements with aircraft observations in nine basins that account for some 30% of U.S. gas production.

The study found that methane loss is 2.3% of gross U.S. natural gas production. Natural gas has been touted as cleaner in terms of climate impact than coal when burned to generate electricity. However, the study concludes that over those first 20 years after emission, natural gas loses its climate advantage since the impact of methane leakage equals the climate benefit of substituting natural gas for coal. Most of the newly identified leaks came from natural gas production operations, particularly leaks from vents and hatches in tanks holding hydrocarbon liquids.

Electronic DMRs Required for MSGP Stormwater Permittees in Texas

Starting Sept. 1, 2018, Multi-Sector General Permit (MSGP) discharge monitoring reports (DMRs) must be submitted electronically using the NetDMR system, unless the permittee requests and obtains an electronic reporting waiver. Only facilities who obtain a waiver will be allowed to continue submitting paper DMRs after Sept. 1, 2018.

Samples for MSGP DMRs must be collected before Dec. 31, 2018, and the sampling results must be reported to the TCEQ by March 31, 2019. Permittees are required to submit MSGP DMRs for:

• Facilities in sectors A, C, D, E, J, O, and S, and;
• Facilities in all sectors required to meet numeric effluent limits for hazardous metals, when sample results indicate an exceedance of any constituent listed.

The TCEQ may grant a Temporary Waiver from the electronic reporting rule in limited cases. If you are unable to report electronically, you can submit a Request for Electronic Reporting Waiver form (TCEQ-20754). A separate waiver form is required for each permit or authorization. Waiver forms may also be obtained by contacting the Stormwater Permitting Program at 512-239-3700.

To submit your DMRs electronically, you must access the NetDMR system through the EPA’s Central Data Exchange (CDX). Please visit the NetDMR Support Portal webpage to find information on how to create an account. Facilities can also contact EPA’s eReporting help desk at 1-877-227-8965, or send an email to support@epanet.zendesk.com to receive assistance with creating a CDX account.

If you have questions, call the Small Business and Local Government Assistance hotline at 1-800-447-2827 or visit TCEQ’s website to learn more about Monitoring and Reporting Stormwater Discharges from Industrial Facilities.

Rethinking Recycling

Recycling plastic water bottles has never been more convenient, with bins available almost everywhere. Although Americans are recycling in record numbers, millions of tons of plastic trash continue to accumulate in the environment. Solving this problem will require new solutions for breaking plastics down and reusing them, according to a three-part cover story in Chemical & Engineering News (C&EN), the weekly news magazine of the American Chemical Society.

Globally, only about 14% of plastic packaging is collected for recycling, writes Assistant Editor Sam Lemonick. And of the plastic that does get recycled, most ends up in a lower-quality product than the starting material. Current recycling technology mechanically shreds, melts and reforms plastic, which partially degrades the polymers and reduces quality. Scientists are trying to develop new recycling methods that use chemical or biological approaches.

On the chemical side, some researchers are identifying new reactions to break down plastics to make the building blocks for new polymers and other high-value products. Others are working on making new types of plastics that degrade easily, writes Lemonick. According to Senior Correspondent Carmen Drahl, still others are looking at biological approaches, such as plastic-munching microbes and worms. Although some media outlets have exaggerated the usefulness of these organisms – most are very slow, inefficient and degrade only the most fragile plastics – researchers are making progress in this field. However, they face many challenges, such as identifying the critters’ enzymes that break down plastic, producing large quantities, and making them faster and more efficient through biotechnology.

New CT Law on Climate Change Resiliency and Renewable Energy

Governor Dannel P. Malloy held a bill signing ceremony in Hartford to commemorate the final passage of two pieces of legislation he introduced that will further Connecticut’s role as a national leader in environmental protection and put the state on a more sustainable path by decreasing statewide greenhouse gas emissions and increasing the usage of renewable energy.

“The time to act is now,” Governor Malloy said. “The effects of climate change, which is unquestionably man-made, can be felt in Connecticut and poses a threat to our residents. Rising sea levels are putting our coastal communities in harm’s way. While President Trump, EPA Administrator Pruitt, and their Republican allies in Washington roll back critical environmental protections, Connecticut is stepping up. These two new laws demonstrate, once again, Connecticut’s determination and leadership in combating climate change to keep our planet and residents safe, all while still being economically advantageous.”

“I applaud Governor Malloy and Commissioner Klee for their tireless work to better prepare the state for the impacts of a changing climate,” Lt. Governor Nancy Wyman said. “National leadership requires continued effort, and these bills will ensure Connecticut’s ongoing progress to mitigate greenhouse gas emissions and reduce our impact on the climate.”

“In his farewell address to the nation, President Obama called for bolder action to address the issue of climate change,” Department of Energy and Environmental Protection Commissioner Rob Klee said. “With the passage and signing of these two transformational pieces of legislation, Connecticut is taking that bolder action. While the current federal administration continues to deny human induced climate change as real, it is incumbent upon states to take action. For the sake of future generations to follow, I encourage other states to look at what we have done as a state and follow our lead.”

The environmental bill – Public Act 18-82, An Act Concerning Climate Change Planning and Resiliency – contains a number of provisions to reduce greenhouse gas emissions and prepare the state for the ongoing effects of climate change and sea level rise, including:

• Implementing an interim target to reduce greenhouse gas emissions 45 percent from a 2001 baseline by 2030 as recommended by the Governor’s Council on Climate Change;
• Updating current statutory references to sea level rise to reflect the Connecticut Institute for Resilience and Climate Adaptation’s (CIRCA) planning recommendation of nearly two feet by 2050; and
• Requiring all future state projects located in the Coastal Boundary that are either undertaken by a state agency or funded by a state/federal grant or loan to meet CIRCA’s projections.

The energy bill – Public Act 18-50, An Act Concerning Connecticut’s Energy Future, takes bold action in the development and deployment of affordable clean energy by:

• Increasing the Renewable Portfolio Standard to 40 percent to deploy more renewables of all sizes for all customers;
• Creating “successor” programs for commercial, industrial and residential programs to provide sustainable growth of renewables in Connecticut with the expiration of programs such Low-Emission Renewable Energy Credits, Zero-Emission Renewable Energy Credits, and Solar Home Renewable Credits;
• Expanding opportunities for municipalities, state agencies, and agricultural customers to deploy renewables under an auction structure;
• Revising net metering so Connecticut pays a more affordable rate per kilowatt-hour basis; and
• Creating a statewide shared clean energy program that targets low moderate income customers.

EPA Decides No New Spill Reporting Rules are Needed

There are thousands of hazardous substance spills from industrial facilities each year that are not subject to any hazardous substance spill prevention rules, according to United States Coast Guard data. Health effects from exposure to these hazardous substances are experienced disproportionately by residents of low-income neighborhoods and communities of color, where facilities that manufacture, store, and use hazardous substances tend to cluster.

EPA Administrator Scott Pruitt signed a proposed rule that, if finalized, would impose no new regulatory requirements under the Clean Water Act (CWA) section 311(j)(1)(C) authority for CWA hazardous substances discharges prevention. EPA determined that additional regulatory requirements for CWA hazardous substances are unnecessary and would impose undue burden on approximately 100,000 facilities in the U.S. already subject to the existing framework.

In July 2015, the Environmental Justice Health Alliance (EJHA), People Concerned About Chemical Safety and the Natural Resources Defense Council (NRDC) sued the EPA for failing to prevent hazardous spills from onshore and offshore vessel facilities. In February 2016, EPA agreed to a court-ordered settlement to propose “hazardous substance spill-prevention rules” for industrial vessel sites by June 2018 and to issue a final rule in 2019. Last fall, EPA proposed requesting information from states about state-level spill-prevention regulations, the frequency of hazardous substances spills, and the effects of those spills. EPA never finalized its request for that information.

This proposed action in the June 25 Federal Register is in response to the consent decree by addressing a statutory requirement in CWA section 311(j)(1)(C) and provides an opportunity for public notice and comment on EPA’s proposed approach.

“After engaging the public and analyzing the best available data, EPA believes that additional regulatory requirements for hazardous substances discharges would be duplicative and unnecessary,” said EPA Administrator Scott Pruitt. “If finalized, the proposed rule would give the regulated community the clarity and certainty they need to continue to uphold the law and ensure the nation’s waterways are protected."

U.S. Senator Tom Carper (D-Del.), issued the following statement in response to the proposal:

“Not only does President Trump want to drill off the coast of Delaware, his EPA now wants to make it even less safe to do so. Delaware is home to 28 miles of coastline that includes beautiful beaches and businesses that are the backbone of our state’s economy – from fishing, to tourism and recreational activities, all of which depend on a healthy coast. Delaware’s beaches alone bring in $6.9 billion each year and support 10 percent of our state’s workforce. An oil spill off our coast would be devastating to both the health of our waters and our economy.

“We all remember the Deepwater Horizon disaster, and we saw that oil spills do not respect state boundaries. A spill anywhere along the East Coast is a threat to Delaware’s coast. Today’s decision is a reminder that those who don’t know history are doomed to repeat it.

“This is more of the same from an EPA Administrator who time and time again dismisses the law and sides with polluters over the health and safety of the American people. The EPA should honor the court order issued to it, which called on the agency to propose rules that would prevent devastating oil spills and protect vulnerable coastal communities and the public’s health.”

EPA will consider all relevant comments received during a 60-day comment period following publication in the Federal Register.

Read more on New Guidance on TSCA Reporting.