ACC Supports HPV Chemical Information Collection Rule

Aug 16: The American Chemistry Council (ACC) expressed its support for U.S. EPA's use of authority under the Toxic Substances Control Act (TSCA) to obtain information on “orphan” High Production Volume (HPV) chemicals. The final rule and technical corrections were announced in the Federal Register [71 FR 47122-47130, 8/16/06]. EPA has now finalized separate Preliminary Assessment Information Reporting (PAIR) rules and Health and Safety Data Reporting rules for each of 243 “orphan” High Production Volume (HPV) chemicals. Orphan HPV chemicals are those which were not voluntarily sponsored in the HPV Chemical Challenge Program. ACC indicates that since 1998, the association and its members have worked with EPA, the environmental organization Environmental Defense, and other stakeholders to ensure that the HPV Chemical Challenge Program is a success. Through this unprecedented program, chemical companies have volunteered to provide the public with important health and environmental effects data and other information for more than 2,222 individual substances, which together represent approximately 93 percent (by volume) of chemicals in U.S. commerce.

EPA's final rule, issued pursuant to section 8(a) of TSCA, requires certain manufacturers (including importers) of certain HPV Challenge Program orphan (unsponsored) chemicals to submit a one-time report on general production/ importation volume, end use, and exposure-related information to EPA. The Interagency Testing Committee (ITC), established under section 4(e) of TSCA to recommend chemicals and chemical mixtures to EPA for priority testing consideration, amends the TSCA Section 4(e) Priority Testing List through periodic reports submitted to EPA. The ITC recently added certain HPV Challenge Program orphan (unsponsored) chemicals to the Priority Testing List in its 55\th\ and 56\th\ ITC Reports, as amended by deletions to this list made in its 56\th\ and 58\th\ ITC Reports. Two tungsten oxide compounds were added to the Priority Testing List by the ITC in its 55\th\ ITC Report but were removed from the Priority Testing List in the 58\th\ ITC Report. In addition, EPA is making technical corrections to update the EPA addresses to which submissions under the Preliminary Assessment Information Reporting (PAIR) rule must be mailed or delivered.

The final rule is effective September 15, 2006; however, Sec. 712.28 and 712.30(c), which contain technical corrections, are effective August 16, 2006. For purposes of judicial review, this rule shall be promulgated at 1 PM EDT on August 30, 2006. PAIR Forms must be submitted to EPA on or before November 14, 2006. A request to withdraw a chemical from the PAIR rule, pursuant to 40 CFR 712.30(c), must be received on or before August 30, 2006. ACC said that the final rule helps to “level the playing field” by ensuring that health and environmental information is also provided on chemicals for which the manufacturers or importers did not voluntarily commit to providing this information to EPA and to making this information public. The rules are also among EPA’s office pollution prevention and toxics largest rulemakings, in terms of the number of chemicals covered. As such, ACC said, "they demonstrate that TSCA is both strong and flexible."

Access the FR announcement (click here). Access an ACC release with links to related information (click here). Access EPA's HPV Challenge Program website for extensive information (click here). [*Toxics]