Regulatory Compliance News by Nexreg Compliance

On Saturday the Government of Canada published proposed regulations for Volatile Organic Compound (VOC) Concentration Limits.

WHAT IS IT AND WHAT DOES IT APPLY TO: Maximum VOC limits for 163 categories of products including (but not limited to) architectural coatings, automotive refinishing products, personal care products, maintenance products and adhesives. Would prohibit for sale any products exceeding the VOC limits.

WHO DOES IT APPLY TO: Anyone manufacturing, importing or offering for sale one of these products in Canada.

WHEN: Expected to take effect as early as January 1, 2010.

LINKS TO THE PROPOSED REGULATIONS:

• Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations

The proposed Regulations would apply to the 49 categories of architectural coatings identified in column one of subsection 1(2) of the schedule to the proposed Regulations (the Schedule). The coating categories and associated exceptions were chosen to align Canada’s categories, where appropriate, with those in the OTC Model Rule, with additional adjustments provided to account for conditions unique to Canada and reflect developments in low-VOC technologies.

• Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations

The objective of these proposed Regulations is to establish concentration limits for volatile organic compounds (VOCs) in 14 categories of automotive refinishing products… The analysis indicated that establishing VOC concentration limits similar to CARB SCM would yield the maximum potential technical and economic level of VOC emissions reductions in Canada.

• Volatile Organic Compound (VOC) Concentration Limits for Certain Products Regulations

The objective of these proposed Regulations is to establish concentration limits for VOCs in 98 categories of consumer products… These proposed Regulations were developed to align with provisions of the CARB CONS-1 rule.

The four parts of the certain products regulations cover four types of products:

1. Personal Care Products
2. Maintenance Products
3. Adhesives, Adhesive Removers, Sealants and Caulks
4. Miscellaneous Products

To speak to a Nexreg representative about how these regulations will impact your company, please call or e-mail Nexreg at:

Nexreg Toll Free: 1-866-361-3032
Non-Toll Free: (519)488-5126 (London, ON, Canada)
E-mail:info@nexreg.com

From the EPA: ” an extension of the public comment period on the Draft Risk and Exposure Assessment Reports for Nitrogen Dioxide (NO2) (73 FR 20045; April 14, 2008)”:

The EPA is extending the comment period that originally ends on May 1, 2008. The extended comment period will close on May 30, 2008. The EPA is extending the comment period to provide stakeholders and the public with adequate time to conduct appropriate analysis and prepare meaningful comments.

Under section 108(a) of the Clean Air Act (CAA), the Administrator identifies and lists certain pollutants which “cause or contribute to air pollution which may reasonably be anticipated to endanger public health or welfare.'’ The EPA then issues air quality criteria for listed pollutants, which are commonly referred to as “criteria pollutants.’… Air quality criteria have been established for the nitrogen oxides (NOX) and NAAQS have been established for nitrogen dioxide (NO2), an indicator for NOX. Presently, EPA is reviewing the air quality criteria for NOX and the NAAQS for NO2.

The full release is available here.

From the EPA - a public comment period for a “Draft Toxicological Review of Ethylene Glycol mono-Butyl Ether (EGBE)”:

SUMMARY: The EPA is announcing a public comment period for the external review draft document entitled, “Toxicological Review of Ethylene Glycol mono-Butyl Ether (EGBE): In Support of Summary Information on the Integrated Risk Information System (IRIS)'’ (EPA/635/R-08/006A). EPA intends to consider comments and recommendations from the public and the expert panel meeting, which will be scheduled at a later date and announced in the Federal Register, when EPA finalizes the draft document. The public comment period will provide opportunities for all interested parties to comment on the document. EPA intends to forward public comments, submitted in accordance with this notice, to the external peer-review panel prior to the workshop for their consideration.

DATES: The public comment period begins April 25, 2008, and ends June 24, 2008. Technical comments should be in writing and must be received by EPA by June 24, 2008. EPA intends to submit comments from the public received by this date for consideration by the external peer-review panel.

The full release is available here.

An amended regulation from the FDA:

The Food and Drug Administration (FDA) is amending the agency’s regulations to prohibit the use of certain cattle origin materials in the food or feed of all animals. These materials include the following: The entire carcass of bovine spongiform encephalopathy (BSE)-positive cattle; the brains and spinal cords from cattle 30 months of age and older; the entire carcass of cattle not inspected and passed for human consumption that are 30 months of age or older from which brains and spinal cords were not removed; tallow that is derived from BSE-positive cattle; tallow that is derived from other materials prohibited by this rule that contains more than 0.15 percent insoluble impurities; and mechanically separated beef that is derived from the materials prohibited by this rule. These measures will further strengthen existing safeguards against BSE.

DATES: This final rule is effective April 27, 2009. The Director of the Office of the Federal Register approves the incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 of a certain publication in new 21 CFR 589.2001 effective April 27, 2009.

The full release is available here.

Published recently in Mexico’s Diario Oficial de la Federación - Response to comments received in respect of the Draft Amendment to Norma Oficial Mexicana NOM-003-SSA1-1993, Environmental Health. A Google Translate version in English is available here. Of particular interest is this:

The provisions on the labelling should be consistent with the parameters Globally Harmonized System (GHS)

The label should include the pictogram of normative Appendix A in an area of 1.5% of the total area of the label. The framework of the pictogram must be red, the symbol black and white background as well as the following legend:

a) All products covered by this rule, except those manufactured for use school:

ATTENTION harmful if swallowed .

Click on the above link for the full Google translated English text. For the official Spanish text click here.

An interesting article about REACH from Lube Report with the title REACH: a Non-tariff Trade Barrier?. Of particular note is the strategies companies are using to ensure REACH compliancy:

Mick Wragg, Lubrizol’s manager of product stewardship for Europe, pointed out some of the most common misconceptions about preregistration: “My EU affiliate will preregister the substances, so export from our non-EU customers is covered.” Don’t count on it, said Wragg. “Someone else will preregister this substance, so we don’t have to do anything.” Maybe, but the list of preregistered substances will not be published until Jan. 2009, well after the Nov. 30 close of preregistration, warned Wragg. “It’s a natural, harmless substance, so it will be exempt.” Be careful. Only four substances have been exempted so far, Wragg said; one is water…

Because future REACH compliance statements could be conditional on customers providing export information back up the supply chain, Wragg emphasized that additive suppliers could make this a condition of sale…

General Motors, which alone has more than 30,000 suppliers, has set up www.GMreach.com, said Guikema. Ford is requiring suppliers to confirm that they understand and will comply with REACH. And Chrysler is implementing its approach to REACH based on business units affected.

For the full article, click on the link above.

Nexreg has more information on REACH at the following link:

• REACH Compliance Consulting

To speak to a Nexreg representative about how REACH will impact your company, please call or e-mail Nexreg at:

Nexreg Toll Free: 1-866-361-3032
Non-Toll Free: (519)488-5126 (London, ON, Canada)
E-mail:info@nexreg.com

From OSHA - a few key details below:

OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified by the Methylene Chloride Standard (Sec. 1910.1052).

DATES: Comments must be submitted (postmarked, sent, or received) by June 23, 2008…

The standard entitled “Methylene Chloride'’ (MC) (29 CFR 1910.1052; the “Standard'’) protects employees from the adverse health effects that may result from their exposure to methylene chloride. The requirements in the MC Standard include employee exposure monitoring, notifying employees of their MC exposures, administering medical examinations to employees, providing examining physicians with specific program and employee information, ensuring that employees receive a copy of their medical examination results, training employees on the hazards of MC, maintaining employees’ exposure monitoring and medical examination records for specific periods, and providing access to these records by OSHA, the National Institute for Occupational Safety and Health, the affected employees, and their authorized representatives.

For more information, click on the above link.

From Reuters:

Ontario said on Tuesday that it will ban the sale and general use of pesticides in what the province said would be among the toughest such environmental laws in North America.

Canada’s most populous province said the new legislation — expected to take effect next spring — would outlaw homeowners’ use of lawn and garden pesticides for such things as killing dandelions. Exceptions would be made for golf courses, farms and forests.

In Canada, only the province of Quebec has a similar ban, and according to the pesticide industry no U.S. state has a ban in place…

For more information, click on the above link.

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Please send all e-mails to info@nexreg.com.

From the OEHHA:

OEHHA has determined that dibromoacetic acid meets the criteria for listing under Title 22, Cal. Code of Regs., section 12306, and therefore OEHHA is issuing this notice of intent to list dibromoacetic acid under Proposition 65…

The following chemical has been determined by OEHHA to meet the criteria set forth in Title 22, Cal. Code of Regs., section 12306 for listing as causing cancer under the authoritative bodies mechanism:

Chemical: Dibromoacetic acid
CAS No.: 631-64-1
Reference: NTP (2007)

For more information, click on the above link.