AFIA Raises Concerns on New Chemical Fee Rule – Facility Uses of Formaldehyde Not Targeted

  • By: NEGFA
  • On: 05/13/2020 15:54:13
  • In: Feed
  • Comments: 0
May 13, 2020 -  Over the past several weeks, the American Feed Industry Association has joined other groups in communicating industry concerns to the Environmental Protection Agency concerning the 2018 Toxic Substances Control Act (TSCA) fees rule, announced in January.

In the announcement, the EPA published preliminary lists of manufacturers or importers that will likely be required to share the $1.3 million cost for evaluating each of 20 chemicals for potential new uses or production restrictions. Companies were given a 60-day period to self-identify or provide comments. Among the 20 chemicals targeted is formaldehyde, which animal food manufacturers mainly use as an additive in feed and feed ingredients to control salmonella.


It came to AFIA's attention that the list of possible formaldehyde manufacturers or importers erroneously identified many facilities that are simply users of formaldehyde-containing products. In particular, many feed manufacturing facilities that have used formaldehyde-containing products for the control of salmonella in their feed appeared on the preliminary list.


Consequently, in April, the EPA clarified that the preliminary list likely contained errors. To remedy the problem, the agency advised that facilities should closely review the list. If facilities appear in error on the preliminary list, they should electronically report to the EPA through its Central Data Exchange (CDX) system by May 27, under the “no manufacture” response option, to ensure they are not included on the agency's final fees list.


The preliminary list of formaldehyde manufacturers can be viewed here. If your company simply uses a product containing formaldehyde, then your facility may appear on this list. If your company erroneously appears on the list, follow these instructions to use the CDX system to certify as a non-manufacturer of formaldehyde.


Fortunately, certification of “no manufacture” allows companies to correct errors on the preliminary list and avoid an EPA fee obligation. To qualify for the certification, companies must certify that they have not manufactured the high-priority chemical within five years proceeding publication of the preliminary list. Using formaldehyde-containing products for salmonella control in the production of animal food is not considered “manufacturing” the chemical.

More Info: Deadline Approaching for Exempt Manufacturers Under the TSCA Fees Rule - JD Supra



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