EPA to Require Companies to Report ‘All Uses’ of PBDEs, HBCD

Printing companies, paint and coatings companies and those using flame retardants in manufactured goods should take note: The US Environmental Protection Agency (EPA) has proposed that companies be required to report to EPA all new uses — including in domestic or imported products — of five groups of potentially harmful chemicals:

  1. polybrominated diphenylethers (PBDEs)
  2. benzidine dyes
  3. a short chain chlorinated paraffin
  4. hexabromocyclododecane (HBCD)
  5. phthalate di-n-pentyl phthalate (DnPP)

The agency is also proposing additional testing on the health and environmental effects of PBDEs.

Although a number of these chemicals are no longer manufactured or used in the U.S. they can still be imported in consumer goods or for use in products,” said Jim Jones, EPA’s acting assistant administrator for the Office of Chemical Safety and Pollution Prevention. Over the years, these chemicals have been used in a range of consumer products and industrial applications, including paints, printing inks, pigments and dyes in textiles, flame retardants in flexible foams, and plasticizers.

The idea appears to be largely one of protecting American consumers from international supply chains with — shall we say — different ideas about the hazards of chemicals in these 5 groupings.

The proposed regulatory actions are known as significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA). The proposed rules would require that anyone who intends to manufacture, import, or process any of the chemicals for an activity that is designated as a significant new use to submit a notification to EPA at least 90 days before beginning the activity. This notification means EPA can evaluate the intended new use and take action to prohibit or limit that activity, if warranted. For PBDEs, the agency will also issue simultaneously a proposed test rule under section 4(a) of TSCA that would require manufacturers or processors to conduct testing on health and environmental effects of PBDEs.

Today’s proposed SNURs were previously identified in action plans the agency issued on these and other chemicals during the last two years.

More:  www.epa.gov/oppt/existingchemicals/ 

RoHS Recast of November 2010

The consolidated text of the Restriction of Hazardous Substances (RoHS) Recast has been adopted by the European Commission.  On Nov. 24, the European Parliament’s environment committee adopted a compromise deal on updating existing legislation on the Restriction of Hazardous Substances (RoHS) in electronic and electrical equipment.  In an overwhelming margin, 640 votes were in favor, three against and 12 abstained.

The RoHS Directive will apply to more types of electronic and electrical equipment, including mechanized toys and lab equipment. This update to EU legislation notes a likely forthcoming review that would consider adding new substances to the current blacklist.

The current RoHS blacklist is as follows:

The RoHS Recast is still subject to further processes prior to final publication in the OJEC, the Official Journal of the European Community.  One aspect of that is confirmation by the European Parliament.

The National Measurement Office of the U.K. is responsible for enforcing the implemented RoHS Regulations only and is not directly involved in this process. They are providing advice and guidance on the future implementation in the meantime until the final version is published.  Advice and guidance is based on the most up to date information available at the time it is given.

Policy questions should be directed to BIS / the European Commission.Commission Decision 2010/571/EU

Exemptions under RoHS recast

Here is what you need to know about exemptions so far.

1.There are no exemptions from RoHS Regulations for products containing either PBB or PBDE.
2.There is one exemption for products containing hexavalent chromium.
3.There are six exemptions for products containing cadmium.
4.There are about 35 exemptions for products containing either mercury or lead.

For a full list of exemptions, click here to go straight to the official site.

Here is some extra help in the form of Guidance from the RoHS site in the UK.  We’ll be sure to post breaking news on this subject as events warrant.