Previously Confidential TSCA Studies Released To Public

U.S. Environmental Protection Agency (USEPA) is making available to the public hundreds of studies on chemicals that had been treated as confidential business information (CBI) as part of the agency plan to make public the chemicals that are not entitled to CBI status. Since 2009, 577 formerly confidential chemical identities are no longer confidential and more than 1,000 health and safety studies are now accessible to the public that were previously unavailable or only available in limited circumstances.

In 2010 EPA issued new guidance outlining the agency’s plans to deny confidentiality claims for chemical identities in health and safety studies under the federal Toxic Substances Control Act (TSCA) that are determined to not be entitled to CBI status. EPA has been reviewing CBI claims in new and existing TSCA filings containing health and safety studies.

Consistent with the 2010 guidance, the agency will request that the submitter voluntarily relinquish the CBI claims and make the newly available studies available to the public. EPA also asked the chemical industry to voluntarily make available information that was previously classified as CBI. According to EPA, to date more than 35 companies have agreed to review previously submitted filings containing health and safety studies and determine if any CBI claims may no longer be necessary.

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Healthy Indoor Environment Protocols for Home Energy Upgrades

The U.S. Environmental Protection Agency (EPA) has released its "Healthy Indoor Environment Protocols for Home Energy Upgrades". This guidance document will provide the home energy industry the ability to identify, manage, and reduce health risks during home energy upgrades, retrofits or remodeling.

EPA’s new protocols describe a step-by-step process for conducting assessments to evaluate indoor air conditions and the potential for risks that may arise during residential energy upgrades. The protocols include recommended minimum specifications and best practices to maintain or improve indoor air quality.

The protocols serve as a companion document to the U.S. Department of Energy’s (DOE) guidelines for Home Energy Professionals. The DOE guidelines are intended to foster the growth of a skilled work force that will increase the homeowner’s confidence in the retrofit industry and increase the demand for home energy retrofits. Together, the DOE guidelines and EPA protocols will help facilitate increased home energy efficiency, improve the quality of work performed and provide healthier homes.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment. Caltha also provides Energy Audit services performed by Certified Energy Managers (CEM)

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Final Study Plan To Assess Hydraulic Fracturing

U.S. Environmental Protection Agency (EPA) has released its final research plan on hydraulic fracturing. At the request of Congress, EPA is researching the potential impacts of hydraulic fracturing on drinking water resources.

In March 2010, EPA announced its intention to conduct the study in response to a request from Congress. The agency then held a series of public meetings to receive input from states, industry, environmental and public health groups, and individual citizens. In addition, the study was reviewed by the Science Advisory Board (SAB), an independent panel of scientists, to ensure the agency conducted the research using a scientifically sound approach.

The initial research results and study findings will be released to the public in 2012. The final report will be delivered in 2014. To ensure that the study is complete and results are available to the public in a timely manner, EPA initiated some activities this summer that were supported by the SAB and provide a foundation for the full study.

The final study plan looks at the full cycle of water in hydraulic fracturing, from the acquisition of the water, through the mixing of chemicals and actual fracturing, to the post-fracturing stage, including the management of flowback and produced or used water as well as its ultimate treatment and disposal. Earlier this year, EPA announced its selection of locations for five retrospective and two prospective case studies.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment.

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Proposed Rules On Disclosure Of Inert Pesticide Ingredients

In response to two petitions under the Administrative Procedures Act seeking disclosure of selected inert ingredients on pesticide labels, EPA is initiating rulemaking to increase public availability of the identities of the inert ingredients in pesticide products.

The proposed rulemaking would be intended to assist consumers and users of pesticides in making informed decisions and reduce the presence of potentially hazardous ingredients in pesticides. In an advance notice of proposed rulemaking issued on December 23, 2009, EPA sought public comment on a variety of approaches under consideration, including disclosure based on hazard and broader disclosure of inert ingredient identities.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment.

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