EPA streamlines reviews of new climate-friendly chemicals

On January 21, 2022, the U.S. Environmental Protection Agency (EPA) announced a new effort under the Toxic Substances Control Act (TSCA) to streamline the review of new chemicals that could be used to replace current means of transportation that emit more greenhouse gases (GHG). fuels. The New Chemicals Division (NCD) of the Office of Chemical Safety and Pollution Prevention (OCSPP) has established a “robust, consistent and effective process for assessing risks and applying mitigation measures , where appropriate, for substitutes for petroleum-based fuels and fuel additives”. that use biobased or waste-derived sources to produce biofuels. The EPA says the effort supports its goals under the Renewable Fuel Standard (RFS) program, as well as its 2021 Climate Adaptation Action Plan. According to the announcement, the EPA has received more than 30 notices Prefabrication Biofuels (PMNs)” which collectively outline plans for nearly 800 million gallons per year of advanced biofuels production, which could contribute to annual volume mandates under the RFS program and help support the safety goals energy by increasing domestic production” in the United States.

The ad includes:

New Integrated Chemicals Division Approach to Biofuels

As part of this effort, NCD has formed a dedicated team to collaborate on the review of PMNs for bio-based or waste-derived feedstocks used to manufacture transportation fuel substitutes with the goal of using the best available science. while creating a consistent and efficient review process. The EPA states that NCD has developed a standardized process for how biofuel PMNs are reviewed. For example, the same dedicated team will perform reviews for all biofuel PMNs, helping to ensure assessments and determinations are consistent and aligned with requirements. In addition, NCD will generate a report for biofuel PMNs that combines the six different risk assessments typically conducted for PMNs, helping to provide a clearer summary explanation of how the EPA conducted its assessment and reached its decision.

For risk management actions, NCD will apply appropriate mitigation measures to address any potential unreasonable risk identified in an effective and consistent manner in TSCA Consent Orders and Significant New Use Rules (SNURs).

Awareness and training

According to the announcement, OCSPP is launching outreach and training activities for interested biofuels industry stakeholders to review TSCA requirements, outline streamlined approaches for risk assessment and remedial actions. risk management, and provide information on how to navigate the new chemicals PMN process.

OCSPP will hold a kick-off meeting on February 9, 2022, to provide an overview of this initiative and answer questions from stakeholders. Registration for the meeting is open.

Other planned outreach and training activities related to this biofuels initiative include webinars on:

  • TSCA requirements and the PMN process;

  • The TSCA Inventory, Nomenclature, and Good Faith Process;

  • New chemical risk assessments, including applications of tools, models and databases; and

  • New chemical risk management actions, including TSCA Section 5 orders and SNURs.

EPA says it may add additional awareness and training sessions, including training opportunities applicable to all new chemical submitters, based on stakeholder interest and feedback.

©2022 Bergeson & Campbell, CPNational Law Review, Volume XII, Number 24

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