Three issues topped the agenda at the summer meeting of FPA’s Environmental and Workplace Safety Committees:

  • EPA’s nanotechnology proposed rule
  • Changes to the Toxic Substances Control Act (TSCA)
  • Work with the Small Business Administration (SBA) to gain a greater voice in the development of upcoming regulations

Comments on Nano Rules

 FPA finalized the comments it submitted to EPA on proposed “pre-registration” notification and data reporting rule; the rule covers the new forms and uses of nanomaterials. EPA published the proposed rule in the Federal Register on April 6, 2015. FPA’s comments raise several issues. One involves the definition of a small business. Another cites arbitrariness and potential conflict between two applicability definitions. FPA also argues to exclude “articles” such as flexible packaging from coverage. FPA members have the potential to be affected by the rule if EPA’s April 6 proposal is finalized as proposed. 

Toxic Substances Control Act

The summer meeting also included discussion about the TSCA Reform Bill. It passed the House by a 398-1 vote (HR 2567). The Senate is expected to vote on its Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697) after the summer recess.  FPA has worked diligently with other associations to advocate for preserving the mixtures and articles exemption in the law. FPA continues to monitor developments as they impact FPA members.

Small Business

The committees approved the nomination of an FPA member to join the SBREFA panels for EPA’s Risk Management Plan and OSHA’s intended revisions to Process Safety Management Rule. The SBREFA panels set up under the Small Business Regulatory Enforcement Fairness Act of 1996 offer a significant opportunity to influence the development of regulations and enforcement mechanisms. The nomination was submitted through the SBA with whom the FPA has an excellent working relationship.

Further Efforts

The meeting also heard a report from Leslie Ritts, FPA’s environmental outside counsel. Ritts detailed and discussed the impact of regulatory developments including:

  • The recent court decision affecting greenhouse gas permitting
  • Delays in the use of electronic manifests for hazardous waste reporting
  • Regulation defining the “waters of the US”
  • Release of underground tank training requirements
  • Continuation of lawsuits against Revised Definition of Solid Waste

The Information Exchange at the meeting is part of FPA’s ongoing effort to share with members the regulatory developments at EPA, OSHA, FDA and other federal agencies. The association also monitors the Securities Exchange Commission (SEC) and Federal Trade Commission (FTC) for activities that may impact the flexible packaging industry. The summer quarterly meeting was held at Sun Chemical’s St. Charles, IL facility on July 29 and 30. 

For more information on this ongoing effort, email FPA at