From: Environmental Leader

The Environmental Protection Agency (EPA) is suspending the next Inventory Update Reporting (IUR) submission period, under the Toxic Substances Control Act (TSCA) section 8(a) regulations. The IUR requires manufacturers and importers of certain chemical substances included on the TSCA Chemical Substance Inventory to report current data on the manufacturing, processing, and use of the chemical substances.

The agency said it is suspending the next submission period to allow time to finalize modifications to the regulations, proposed in the Federal Register of August 13, 2010, and to avoid finalizing changes in the midst of the 2011 submission period. EPA said it will cement changes to the reporting requirements “in the near future,” superseding the suspension.

Click on the link for more information.

From: TCE Today

The European Chemicals Agency (ECHA) is to publish on its website the names of registrants of chemicals under the EU Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) legislation.

The announcement appears to be in response to a lawsuit brought against ECHA by environmental law organisation ClientEarth and chemicals watchdog ChemSec. They alleged that ECHA would not release the names of companies producing chemicals identified as substances of very high concern (SVHC) under REACH laws. ClientEarth has compiled a list of 356 SVHC called the SIN (Substitute it Now) list, which are carcinogenic, mutagenic or damage the reproductive system, as well as some that persist in the environment.

Under REACH legislation, all companies in the EU producing or importing chemicals must register them with ECHA. The lawsuit claims that ECHA refused to disclose the facilities the chemicals were produced in, or the quantities. ClientEarth and ChemSec say that this refusal is in breach of EU transparency laws.

ECHA, meanwhile, said that it has yet to receive any formal notification of the court case, and any comment on the allegations will be made to the court. The decision to begin publishing names of registrants and some other information contained within chemicals’ safety data sheets on the dissemination section of the ECHA website was taken following a legal review.

Follow the links for more information.

From: Health Canada

The purpose of the Canada Consumer Product Safety Act is to protect the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada. The Canada Consumer Product Safety Act applies to suppliers of consumer products in Canada, including manufacturers, importers, distributors, advertisers and retailers. It is replacing Part I and Schedule I of the Hazardous Products Act.

The document provides guidance on the key provisions of the Canada Consumer Product Safety Act. The guide provides an overview of the legislation and is not intended to substitute for, supersede or limit the requirements under the legislation.

The guide is available in English and French at the link above. The Canada Consumer Product Safety Act will come into force on June 20, 2011.

Click on the links for more information.

From: Environmental Leader

The European Chemicals Agency is being sued by environmental law organization ClientEarth and non-profit ChemSec over its refusal to release the names of companies producing what the two groups call some of the most dangerous chemicals in the EU market. The lawsuit alleges several violations of European laws designed to promote transparency, democracy, and legitimacy in EU policy-making.

The chemicals in question are 356 of those on ChemSec’s SIN, or Substitute It Now, list which includes chemicals identified as substances of very high concern under the EU’s Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulations. ClientEarth and ChemSec state that the refusal to disclose information regarding the production of these dangerous chemcials conflicts with REACH, which is designed to protect public health by prohibiting the unsafe use of chemicals, as well as EU transparency laws on disclosure of environmental information.

Click the link for more information.

From: Ottawa Citizen

Protecting Canadians from unsafe consumer products is the objective of the new Canada Consumer Product Safety Act (CCPSA) being introduced June 20 by Health Canada. Some of Canada’s existing product safety legislation and regulations, including the Hazardous Products Act, are more than 40 years old. More complex materials, increased global trade and other market changes make updated and consolidated regulations essential.

The CCPSA, which incorporates and overhauls product regulations from the Hazardous Products Act, includes several new provisions. They range from new product recall powers for the federal government to a requirement that industry report to the government any serious incident or death related to a consumer product.

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From: JDSupra

Manufacturers and private-label distributors that do not regularly monitor developments at the Consumer Product Safety Commission (CPSC) may find themselves doing an abrupt about-face with the CPSC’s SaferProducts.gov, a publicly available, searchable database which began operation in March. The database will contain safety information about all products under the CPSC’s jurisdiction, including many products that companies may not think fall into that category.

Early indications are that the CPSC intends to interpret its jurisdiction liberally in determining what products its database should capture. Designed to provide an early warning system to consumers about product defects,the new database opens significant questions and potential problems for manufacturers and private labelers.

Click the link for more information.

From: Health Canada

Health Canada is holding information sessions for industry – Manufacturers, Importers, Distributors and Retailers – on the Canada Consumer Product Safety Act (CCPSA). The industry is invited to attend a free half-day information session to learn about this new legislation, which is coming into force on June 20th, 2011. There are new requirements you need to know about including:

• Mandatory Reporting of an Incident
• Preparing and Maintaining Documents

Click on the link for more information on session locations, dates, and how to register.

From ECHA Newsletter – April 2011:

On 1 June 2011, all EEA producers and importers of articles will have to notify ECHA about any Substances of Very High Concern (SVHC) on the EU Candidate List1 if both of the following conditions are met:

-the substance is present in articles produced and/or imported above a concentration of 0.1% (weight by weight)
-the total amount of the substance present in all articles exceeds 1 tonne per producer/importer annually

To support producers and importers of articles in complying with their legal requirements, ECHA has made available web pages on this specific issue. These pages include questions and answers and a data submission manual containing practical advice on how to carry out a notification. An updated version of the Guidance on requirements for substances in articles was published on the ECHA website on 1 April.

There will also be a webinar hosted by ECHA on the notification of substances in articles on May 19, 2011. Additional information and registration for this is available in the below link.

ECHA announces its webinar on notification of substances in articles

From Bureau Veritas Group:

A bill intended to modernize the Toxics Substances Control Act (TSCA) of 1976 has been introduced in Congress. The proposed bill, known as the Safe Chemicals Act of 2011, is based on TSCA reform legislation proposed last year with some key differences. These differences are a direct result of feedback from chemical industry leaders, public officials, scientists, doctors, academics and non-profit organizations.

Several of the major reforms to current TSCA Law included in the 2011 Bill include:

Safety Standard Determination
-Redefines the factors that are considered when determining safety. Both new and existing chemicals would be subject to safety determination unless designated by EPA to be intrinsically safe. Places the burden of proving safety on companies. States that safety determinations are not subject to judicial review. If a new or existing chemical is determined to be unsafe, regulatory action, including restriction or banning a chemical, can be taken.

Disclosure of Information
-Narrows the conditions under which information can be claimed as confidential. Claims approved by EPA would expire after no more than five years.

For a full list of the Major Reforms to Current TSCA Law and the Key Differences Between 2011 and 2010 Proposed TSCA Reform Bills see the above link.

From OEHHA

Effective May 3, 2001, the Office of Environmental Health Hazard Assessment (OEHHA) within the California Environmental Protection Agency added four chemicals to the list of chemicals known to the state to cause cancer for purposes of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65 ):

• androstenedione (CAS No. 63-05-8)
• dibromoacetonitrile (CAS No. 3252-43-5)
• hexachlorobutadiene (CAS No. 87-68-3)
• malonaldehyde, sodium salt (CAS No. 24382-04-5)

The listings of androstenedione, dibromoacetonitrile, and malonaldehyde, sodium salt are based on formal identifications by the National Toxicology Program (NTP) that the chemicals cause cancer.  The listing of hexachlorobutadiene is based on a formal identification by the U.S. Environmental Protection Agency (U.S. EPA) that the chemical causes cancer.

Click on the link for more information and a complete, updated Prop 65 list.