REACH Progress: Model for TSCA Reform?

Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) is a European Union (EU) Regulation that was adopted December 18, 2006. This is the European equivalent of TSCA and is viewed by some as the direction that TSCA reform is headed. However, the November 2010 chemical registration evaluation process is revealing major problems for compliance by companies. Whether these are growing pains or a learning curve on the industry side or poor regulations is yet to be seen. Below is a brief summary  and excerpts from the 40+ page report released by the European Chemicals Agency (ECHA).

Nano Educational Series Podcasts

The American Society of Mechanical Engineers (ASME) has developed a series of nanotechnology related educational podcasts. These podcasts are meant to improve technical literacy and provide information that will assist your career planning and skills development. While none of them cover TSCA, the general information should be useful to those dealing with TSCA and nano issues.

Decreased Chemical Confidentiality

EPA removes confidentiality claims on studies of chemicals submitted under TSCA as part of an ongoing commitment to transparency.

WASHINGTON -- The U.S. Environmental Protection Agency has notified five companies that the identities of 14 chemicals associated with a number of health and safety studies submitted under the Toxic Substances Control Act (TSCA) and claimed as confidential are not eligible for confidential treatment. The action comes as part of Administrator Lisa P. Jackson’s continued efforts to increase public access to chemical information to help Americans understand risks posed by chemicals in our environment.

National Nanotechnology Initiative's Strategic Plan

The National Nanotechnology Initiative's (NNI) Strategic plan does not include any specifics on regulation of nanomaterials; however, it does mention a NNI Environmental, Health, and Safety Research Strategy that is due in "early 2011." This combined with the information gathered in the strategic plan will likely play a large role in the determining how nanomaterials are regulated. The full announcement is below along with a link to the pdf version of complete plan.

$3.3 Million TSCA Violation

EPA Announces $3.3 Million Settlement with DuPont for Failure to Report Toxic Chemical Studies

WASHINGTON - The U.S. Environmental Protection Agency (EPA) today announced that DuPont has agreed to pay a penalty of $3.3 million to resolve 57 Toxic Substances Control Act (TSCA) violations. DuPont failed to immediately notify EPA of research indicating substantial risk found during testing chemicals for possible use as surface protection, masonry protection, water repellants, sealants and paints. The Toxic Substances Control Act requires companies to inform EPA when they have research demonstrating that a chemical could pose a substantial risk to human health and the environment.

Nanomaterial Case Studies and Workshop on Nanoscale Silver - EPA

The U.S. Environmental Protection Agency (EPA) announced in a December 13, 2010, Federal Register notice that it will hold a public information exchange meeting to receive comments and questions on the Nanomaterial Case Studies on January 4, 2011, in Research Triangle Park, North Carolina. According to EPA, the meeting will provide it an opportunity to highlight the Nanomaterial Case Studies and how EPA is using the studies as part of an ongoing process to refine a long-term research strategy to support the comprehensive environmental assessment of nanomaterials.

Characterization Necessary for Nanotoxicity?

The article referenced below points out the importance of material characterization as part of the process to determine nanotoxicity. The properties that are important are:

• Particle size and size distribution (wet state) and surface area (dry state) in the relevant media being utilized—depending upon the route of exposure
• Crystal structure/crystallinity
• Aggregation status in the relevant media
• Composition/surface coatings
• Surface reactivity
• Method of nanomaterial synthesis and/or preparation including postsynthetic modifications
• Purity of sample

The absence of such data would result in misleading information, as chemical composition or chemical formula alone is not sufficient. TSCA does not currently make such a distinction, so any changes to the regulation must take this into consideration. Please read the entire article for a more detail discussion.

Should EPA Ban Phthalates Under TSCA

The concern over phthalates has been around since the inception of TSCA, as the regulatory commentary below shows.

"TSCA Interagency Testing Committee Actions Related to Phthalates"
Environmental Health Perspectives. 1982, Vol. 45, pp. 135-136.

Recently there has been an increasing debate on how much, if any, of this chemical should be allowed in household materials. Below are some recent articles discussing the hazards and occurrences of phthalates.

EPA Accuses Chromium Company of Withholding Study

Potential fine
of $69,685,000

On September 2, 2010 EPA filed a complaint against Elementis Chromium because Elementis allegedly received health hazard information that it did not pass onto EPA under TSCA section 8(e) which requires immediate notification of EPA of any, “information that which reasonably supports the conclusion that such substance or mixture presents a substantial risk of injury to health or environment.”  Below is an outline of the claims and violations.

Claims and violations by EPA against Elementis Chromium in Docket number: TSCA-HQ-2010-5022

• Largest manufacturer, in the world, of  chromium and chromium products
• Chemicals and mixtures produced distributed into commerce; thus, regulated under TSCA
• Study of specific health effects related to the company’s processes performed by trade association

EPA Issues Final SNURs for Carbon Nanotubes

EPA is issuing significant new use rules (SNURs) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for two chemical substances which were the subject of Premanufacture Notices (PMNs). The two chemical substances are identified generically as multi-walled carbon nanotubes (MWCNT) (PMN P–08–177) and single-walled carbon nanotubes (SWCNT) (PMN P–08–328).

This action requires persons who intend to manufacture, import, or process either of these two chemical

Comparison of Pending House and Senate Bills to Amend TSCA

The Congressional Research Service published a comparison of the pending House and Senate bills to amend TSCA. It provides and in-depth (60+ pages) analysis and is useful for those wanting more information on the bills and their similarities and differences.

Premanufacture Notice Information and Guidance

Do you need help with EPA's TSCA Premanufacture Notice (PMN)?  Below is a short description of what a PMN is and where to find further information.

Mandated by section 5 of the 1976 Toxic Substances Control Act (TSCA), EPA's New Chemicals Program helps manage the potential risk to human health and the environment from chemicals new to the marketplace. The program functions as a "gatekeeper" that can identify conditions, up to and including a ban on production, to be placed on the use of a new chemical before it is entered into commerce. Anyone who plans to manufacture or import a new chemical substance for a non-exempt commercial purpose is required by section 5 of TSCA to provide EPA with notice before initiating the activity. This premanufacture notice, or PMN, must be submitted at least 90 days prior to the manufacture or import of the chemical.

Electronics Industry a Focus of TSCA IUR

Proposed TSCA IUR Rule Specifically Calls Out Electronics Industry

BANNOCKBURN, Ill., USA, - Electronics manufacturers who send byproducts and waste for recycling are included among the targets of a proposed rule from the EPA published on August 13. The rule expands the reporting requirements under the Toxic Substances Control Act (TSCA) Inventory Update Reporting (IUR) rule that requires manufacturers of chemical substances to report on the manufacturing, importation, processing, and use of those chemical substances. The EPA estimates it will cost each facility $48,700 and take 792 hours to comply with the proposed rule. IPC - Association Connecting Electronics Industries® urges industry members to actively join its efforts to oppose the EPA's regulation of byproducts and waste under TSCA as well as the proposed changes to the reporting requirements.

EPA Denies Petition Banning Lead Shot, Bullets, and Sinkers.

On August 3, 2010, the American Bird Conservancy, the Association of Avian Veterinarians, and a number of other groups submitted a petition and attachment , About PDF) to EPA under Section 21 of the Toxic Substances Control Act (TSCA) asking EPA to "prohibit the manufacture, processing, and distribution in commerce of lead for shot, bullets, and fishing sinkers." Read EPA's letter acknowledging receipt of the petition. On August 27, 2010, EPA denied the portion of the petition relating to lead in ammunition because the Agency does not have the legal authority to regulate this type of product under TSCA. EPA will continue to evaluate the petition request regarding fishing sinkers and will consider comments submitted by September 15, 2010.

For original post click HERE.

Cadmium in Jewelry

The Consumer Product Safety Commission (Commission or CPSC) has received a petition requesting standards restricting cadmium in children's products, especially toy metal jewelry.

The Empire State Consumer Project, Sierra Club, Center for Environmental Health, and Rochesterians Against the Misuse of Pesticides (petitioners)submitted a petition stating that the Commission should issue regulations to ban cadmium in all toy jewelry under the Federal Hazardous Substances Act (FHSA), 15 U.S.C. 1261 et seq. Specifically, petitioners request that the Commission adopt regulations declaring that any toy metal jewelry containing

Inventory Update Rule Changes for 2011

EPA announced proposed changes for the 2011TSCA Inventroy Update Rule (IUR).  Companies will need to submit their reports between June 1 and September 30 2011.  Some changes include electronic submission, report chemicals produced above 25,000 lbs in any year since last IUR, remove 300,000 lb restriction, and change reporting to every four years.

For more details visit:  www.epa.gov/iur/

Industry Groups Reactions to TSCA Reform Guarded

Society of Chemical Manufactures & Associates (SOCMA) Tells Congress TSCA Reform Bill Creates Major Challenges for Industry, EPA

Washington, DC – The Society of Chemical Manufacturers and Affiliates today told Congress that recently-introduced legislation to reform US chemical safety laws is overreaching and unworkable, saying it would have a substantially negative impact on an industry already fighting recession and foreign competition.

Chemicals Law Overhaul Proposed in House

WASHINGTON, DC – Congressional leaders today introduced in the House the first comprehensive overhaul in more than 30 years of a federal law that has been widely condemned for failing to protect Americans against the risks of toxic chemicals.

The legislation filed by Reps. Bobby L. Rush (D-Ill.) and Henry Waxman (D-Calif.) to reform the Ford-era federal Toxic Substances Control Act (TSCA) would fundamentally change the process by which chemicals – current and future – are cleared for use.

Complete TSCA reform Bill Hearing Documents from April

July 19, 2010  The link provided HERE is a bit dated, as it is from April 2010.  It does provide all the TSCA revisions and video of the hearings.

House lawmakers are looking to introduce TSCA reform before the August 2010 recess.  Look for something to happen before August 1.

No TSCA Changes Expected for 2010

Key House lawmakers are set to introduce this week a bill reforming the Toxic Substances Control Act (TSCA), which will be based on a widely circulated discussion draft but could incorporate suggestions brought up in recent stakeholder meetings.

Sources say the bill is slated for introduction by House Democrats on July 15 and will be based on a discussion draft floated by Rep. Henry Waxman (D-CA), chairman of the House Energy & Commerce Committee, and commerce panel chairman Bobby Rush (D-IL) in April.