EPA Sets Out New Import Restrictions on 25 Chemical Substances

(World Trade Interactive)

The Environmental Protection Agency has issued significant new use rules under the Toxic Substances Control Act for 25 chemical substances that were the subject of premanufacture notices. This action requires persons who intend to import, manufacture or process any of these 25 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. This notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

This rule will become effective as of Nov. 20. Written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs must be received on or before Oct. 30.

New Law Sets Formaldehyde Emission Standards for Composite Wood Products

(Lexology – Gary Long et al., Shook Hardy & Bacon LLP)

President Barack Obama has signed into law an amendment to the Toxic Substances Control Act that sets formaldehyde emission standards for composite wood products sold in the United States as of January 1, 2013. Sponsored by Senators Amy Klobuchar (D-Minn.) and Mike Crapo (R-Idaho), the legislation requires manufacturers to ensure via third-party testing and certification that both raw and finished products emit fewer than approximately 0.09 parts per million of formaldehyde. It also directs the Environmental Protection Agency (EPA) “to work with Customs and Border Protection and other relevant federal agencies to enforce the standards for imported wood products,” according to Klobuchar’s July 7, 2010, press release. Read more here.

Congress Introduces Landmark Chemical Control Reforms

(World Trade Interactive)

“America’s system for regulating industrial chemicals is broken” – Frank Lautenberg (D-NJ), Chairman of the Subcommittee on Superfund, Toxics and Environmental Health of the Senate Committee on Environment and Public Works

[Friday] Congress revealed its initial plan to reform the Toxic Substances Control Act. TSCA is the primary law with which the Environmental Protection Agency regulates chemicals in U.S. commerce. It has not been updated since its enactment in 1976. While a full bill was introduced in the Senate by Frank Lautenberg (D-NJ), the House released a discussion draft which will be worked on in the coming months by a broad group of stakeholders including government, industry and non-governmental organizations.

The Lautenberg bill and the House draft reflect congressional priorities such as:

• requiring manufacturers to provide minimum data on chemicals

• requiring EPA to prioritize a list of hazardous chemicals

• creating a public database of information about priority chemicals

• creating incentives to promote green chemistry

EPA Makes Chemical Information More Accessible to Public

(CBP)

For the first time, TSCA chemical inventory free of charge online

As part of Administrator Lisa P. Jackson’s strong commitment to increase information on chemicals, for the first time, EPA is providing web access, free of charge, to the Toxic Substances Control Act (TSCA) Chemical Substance Inventory. This inventory contains a consolidated list of thousands of industrial chemicals maintained by the agency. EPA is also making this information available on Data.Gov, a website developed by the Obama Administration to provide public access to important government information. This action represents another step to increase the transparency of chemical information while continuing to push for legislative reform of the 30 year old TSCA law.

“Increasing the public’s access to information on chemicals is one of Administrator Jackson’s top priorities,” said Steve Owens, assistant administrator for EPA’s Office of Prevention, Pesticides and Toxic Substances. “The American people are entitled to easily accessible information on chemicals, and today’s action is part of a series of ongoing steps that EPA is taking to empower the public with this important information.”

Until now, the consolidated public portion of the TSCA Inventory has only been available by purchase from the National Technical Reports Library or other databases. By adding the consolidated TSCA Inventory to the Agency’s website and to Data.Gov, EPA is making this information readily available to the public at no cost.

Read more here. For information about EPA’s increasing transparency on chemical risk information click here and for access to the entire TSCA Inventory, please visit here.

Government Takes Further Action on Substances as Part of World-Leading Chemicals Management Plan

(Health Canada)

The Honourable Tony Clement, Minister of Health, and the Honourable John Baird, Minister of the Environment, today [Saturday] released preliminary findings for 19 chemical substances identified as high priorities for action under Batch 3 of the Chemicals Management Plan.

Out of the 19 substances assessed, four are proposed “toxic” to human health. In addition, the Government is also proposing to create a provision for four other substances so that any proposed new use of these substances (which are no longer used or are used in extremely low quantities in Canada) would be subject to notification of the federal government. With this provision the government would be able to set conditions or prohibit the use of these substances if their use would increase exposure to Canadians or environmental organisms.

Following the extensive assessment, the 11 remaining substances are proposed “not toxic.”

The notices containing summaries of draft screening assessment reports for all Batch 3 substances will be published in Canada Gazette, Part I on August 23.

Public summaries, which contain information about how all Batch 3 substances are used in Canada are available on the new Chemicals At A Glance Web page. draft screening assessments as well as risk management scope documents for Batch 3 substances proposed “toxic” can be found on the Chemicals Management Plan website. Interested parties can submit comments on these documents until October 23, 2008. Final screening assessments for Batch 3 substances will be published on or before February 21, 2009.

Government of Canada Bans More Harmful Chemicals

(Environment Canada)

Canada’s Environment Minister, the Honourable John Baird, and the Minister of Health, the Honourable Tony Clement, announced today [Friday] that the Government of Canada will publish final regulations to reduce the levels of Polybrominated Diphenyl Ethers(PBDEs) that could be entering the environment. Today’s announcement is just one more example of how our the Government’s Chemicals Management Plan is taking action to protect our environment from harmful chemicals.

“Once again, when it comes to taking action on toxic chemicals, our Government is leading the way,” said Minister Baird. “Right now, we’re taking action to address all PBDEs, and today we are banning those substances that have been identified as an immediate concern to the environment” said Minister Baird.

“The Government of Canada is committed to taking action on chemical substances,” said Minister Clement. “These regulations will achieve real results by minimizing the amount of these substances in our environment.”

PBDEs are used to slow the spread of fire in a wide variety of plastics, fabrics, glues, sealants and foams. While they were not found to be harmful to human health, they are toxic to the environment because they build up and last a long time in the environment.

PBDEs are not manufactured in Canada but are imported for use in commercial and consumer products. There are three commercial mixtures that contain PBDEs: PentaBDE is used mostly in flexible polyurethane foam, which is used as cushioning in upholstered furniture, automotive seating and carpet backing; OctaBDE is used in acrylonitrile butadiene styrene (ABS) plastics as a flame retardant for computer housings, pipes, appliances and automotive parts; DecaBDE is primarily used in the high impact polystyrene component of electronic equipment housings, and is also the main commercial PBDE product used as a flame retardant in upholstery and drapery textiles.

The new regulations will prohibit the manufacture of all PBDEs and restrict the import, use and sale of PentaBDE and OctaBDE which meet the criteria for virtual elimination under the Canadian Environmental Protection Act, 1999.

The regulations are a first step in mitigating the risk posed by PBDEs in Canada. Additional actions are being developed to complement these Regulations, including: a regulation to control PBDEs already contained in manufactured products; a voluntary approach to minimize releases to the environment from the use of the DecaBDE commercial mixture in manufacturing operations in Canada; a detailed review of newly published science on DecaBDE, to determine if there is a need for further controls on the DecaBDE commercial mixture; and monitoring of Canadians’ exposure to PBDEs and concentrations in the environment.

These actions, collectively, will minimize Canadians’ exposure to PBDEs and help to ensure that Canada’s environment is protected.

For more information on the PBDEs Regulations and further actions to manage PBDEs is available here.

Canada Takes More Action to Protect Human Health and the Environment Under World Leading Chemicals Management Plan

(Health Canada)

The Honourable John Baird, Minister of the Environment, and the Honourable Tony Clement, Minister of Health, today [Saturday] announced as part of Canada’s Chemicals Management Plan that eight new chemicals are now deemed to be toxic to human health, and one chemical is deemed toxic to the environment under the Canadian Environmental Protection Act (CEPA), 1999.

The Chemicals Management Plan was announced by Prime Minister Harper in December 2006, making Canada a world leader in assessing and regulating chemicals that are used in thousands of industrial and consumer products.

“When we announced the Chemicals Management Plan in 2006 we made it clear our goal was to protect the health of Canadians from harmful substances,” said Minister Clement. “We identified these substances as a priority for action a year ago and our final assessments have confirmed that eight of these substances are toxic to human health and one is toxic to the environment.”

“Protecting and preserving our environment goes hand in hand with protecting the health of Canadians,” said Minister Baird. “These conclusions are an important step in protecting Canadians and their environment from the long-term harmful effects of chemicals.”

These nine chemicals were part of a batch of 15 chemicals, which were identified last year as high priorities and underwent a full risk assessment.

“Toxic” substances in Batch 1 include: CHPD (Yellow Dye); 1,2-benzenediol and 1,4-benzenediol; Methyl- and ethyloxirane; Toluene diisocyanates (TDIs) – (3 substances); and Naphthalene.

As part of the assessment, information was collected and assessed to determine whether these substances pose a risk to Canadians’ health or the environment and if any further action may be needed to minimize possible risks. The Government required industry and other stakeholders to provide information on specific substances.

Information on this batch of chemicals will be posted in the July 5, 2008 edition of Canada Gazette, Part I, including the data which determined the toxicity of these nine chemicals, and is also available on the Chemical’s Management Web site.

Under the Chemicals Management Plan, the Government has announced a total of six batches of chemicals for assessment. The remaining five batches are still being assessed.