From: Quarles & Brady LLP

The five-month period to submit required reporting under the Inventory Update Rule, now known as the Chemical Data Rule (“CDR”), begins February 1 and runs through June 30. EPA finalized the CDR on August 16, 2011. The CDR requires manufacturers to report information to EPA regarding the volume of commercial chemical substances and mixtures manufactured, processed, and used by facilities located in the United States. The rule has changed significantly in the five years since reporting was last required in 2007, and the vague nature of the guidance provided with the rule has lead to concerns from some in Congress that EPA is setting industries up for enforcement.

The CDR requires reporting of chemical production volumes for 2010 and chemical production, processing, and use information from 2011. The CDR also requires the reporting of byproducts that are being recycled or reprocessed. Under guidance issued by the agency with the rule, byproducts such as metallic or coke fines, as well as spent solvent solutions may be considered chemicals “manufactured” by a given facility and may require reporting under the rule.

Please click on the links for more information.

From: ECHA

By the date set in the Classification, Labelling and Packaging (CLP) Regulation, the European Chemicals Agency submitted to the European Commission its study on communication of information on the safe use of chemicals to the general public.

The study provides insights on how to further improve hazard communication to EU citizens. It highlights some key key points, including:

• Awareness amongst the general public of the new international hazard labels which appear on the packaging of chemical substances is mostly low but consumers rarely purchase these chemicals, the labels are relatively new and awareness will surely grow. However, work is needed at national, industry and EU level both to raise awareness and, crucially, understanding of what the labels mean.

• Most people make their choices on the safe use and storage of household chemical products on the basis of their acquaintance with the product as well as other emotional drivers which rely more on experience than on information found on the package. Awareness-raising activities therefore also need to take into account these emotional and experience-based drivers.

The remaining key points and complete study can be found on the ECHA website:  http://www.echa.europa.eu/web/guest/view-article/-/journal_content/37a61697-8fbe-4766-baa6-22fdad2ba1f6

Click on the links for more information.

The U.S. Office of Management and Budget (OMB) has extended their review of OSHA’s implementation of the Globally Harmonized System (GHS).  The review has been extended another 30 days, so we are hoping that the new regulations will become live before the end of February.  However, the OMB can add further 30 day extensions into the future, so there is no guarantee that the new regulations will become live in February.

Once the regulations do become live, there will be a phase in period (likely either 2 years or 3 years) for companies to re-author their MSDSs (now called SDSs) and industrial chemical labels to the new format.

Canada has yet to release their draft regulations.  We are expecting they will do so once the final US regulations are enacted.

We will be monitoring the situation closely.  If you have any questions, please do not hesitate to contact Nexreg.

From: OEHHA

OEHHA has selected the chemicals below for the DARTIC’s review for possible listing under Proposition 65.  OEHHA is initiating the development of hazard identification materials on these chemicals.

By this notice, OEHHA is giving the public an opportunity to provide information relevant to the assessment of the evidence of developmental and male and female reproductive toxicity for deltamethrin and xylene.  Interested parties or members of the public wishing to provide such information should send it to the address given below.

The publication of this notice marks the start of a 60-day data call-in period.  This period will end on Tuesday, March 20, 2012.  The information received during this data call-in period will be reviewed and considered by OEHHA as it prepares the reproductive toxicity hazard identification materials on these chemicals.

For more information, please click on the above link.

From: OEHHA

Health Canada’s sampling and evaluation program has revealed that the recalled piece of jewellery contains lead in excess of the allowable limit.

Benzophenone, coconut oil diethanolamine condensate (cocamide diethanolamine), diethanolamine, and 2-methylimidazole each meet the requirements for listing as known to the state to cause cancer for purposes of Proposition 65.

OEHHA is providing this opportunity to comment as to whether the chemicals identified above meet the requirements for listing as causing cancer specified in Health and Safety Code section 25249.8(a). OEHHA must receive comments by 5:00 p.m. on Tuesday, February 21, 2012.

Click on the links for more information.

From: Health Canada

Health Canada has updated the recall for the Heart shaped pendant and plastic plug bracelet from December 22, 2011. A second item number/UPC code has been added for identification. Below is the recall with the updated information.

This recall involves metallic heart shaped pendants and plastic bracelets.

• • The pendants come with rhinestones on the edge in a variety of colours (pink, blue, purple, green etc.) and words on the front face such as “best friend”, “peace”, “princess”, “dream”, “truth” and “forever”. Pendants may have been sold with or without a metallic necklace. The pendants can be identified by item number U9FA 241 and UPC 06136694241.
  • The plastic bracelets with removable plastic plugs are sold in a variety of shapes and designs. The band attaches with a metallic snap. The bracelets can be identified by item number U9FA 898, U9FA 896, and UPC 061366948986 and 061366948962.

Health Canada’s sampling and evaluation program has revealed that the recalled piece of jewellery contains lead in excess of the allowable limit.

Click on the links for more information.

From: Environmental Expert

The U.S. Environmental Protection Agency (EPA) is scheduled to publish proposed significant new use rules (SNUR) for 17 chemical substances that were the subject of premanufacture notices (PMN). According to EPA, 15 of the substances are subject to consent orders under Section 5(e) of the Toxic Substances Control Act (TSCA). Persons who intend to manufacture, import, or process any of the 17 substances for an activity that is designated as a significant new use by the proposed rules would be required to notify EPA at least 90 days before commencing that activity. Of particular interest, seven of the PMN substances’ reported chemical names include the term ‘carbon nanotube’ (CNT) or ‘CNT.’

EPA states that because of a lack of established nomenclature for CNTs, the TSCA Inventory names for CNTs are currently in generic form, e.g., ‘carbon nanotube (CNT), multi-walled carbon nanotube (MWCNT), double-walled carbon nanotube (DWCNT), or single-walled carbon nanotube (SWCNT).’ EPA uses the specific structural characteristics provided by the PMN submitter to characterize more specifically the TSCA Inventory listing for an individual CNT. According to EPA, all submitters of new chemical notices for CNTs have claimed those specific structural characteristics as confidential business information (CBI). The proposed rule includes the generic chemical name along with the PMN number to identify that a distinct chemical substance was the subject of the PMN without revealing the confidential chemical identity of the PMN substance.

Click on the link for more information.

From: Environment Canada

Canada’s Environment Minister, the Honourable Peter Kent, today announced the addition of 41 unique substances to the Environmental Emergency Regulations. The substances include styrene, an explosive chemical used to make polystyrene plastic containers, and ammonium nitrate, a fertilizer.

Thirty-three substances in use in Canadian commerce, in several physical states, and some substances classed in their different forms are now added to the Environmental Emergency Regulations, for a total of 41 unique listed additions.

Facilities that handle these 41 listed substances at or above regulated quantities are required to develop environmental emergency (E2) plans, if they are not already in place.

The complete list of substance and details of the amendments to the Environmental Emergency Regulations can be found at  http://www.ec.gc.ca/ee-ue/default.asp?lang=En&xml=47FA3987-D3B8-40D8-BD6E-D32D0C9AB586.

Click on the links for more information.

From: OEHHA

The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) intends to list the chemical identified in the table below as known to the State to cause reproductive toxicity under the Safe Drinking Water and Toxic Enforcement Act of 1986.

OEHHA is providing an opportunity to comment as to whether the chemical identified above meets the requirements for listing as causing reproductive toxicity, specified in Health and Safety Code section 25249.8(a).  Because this is a ministerial listing, comments should be limited to the question whether the ACGIH has assigned a TLV based in whole or in part on an endpoint of reproductive toxicity.

All comments must be received by 5:00 p.m. on Monday, January 30, 2012.

Click on the links for more information.

From: ECHA

The European Chemicals Agency has submitted to the European Commission a recommendation that thirteen Substances of Very High Concern should in future not be used without authorisation. These substances are all classified because of their carcinogenic, mutagenic or toxic to reproduction (or a combination thereof) properties. They are used in applications where there is potential for worker exposure.

Making these thirteen Substances of Very High Concern (SVHCs) subject to authorisation seeks to ensure that their risks are properly controlled and that the substances are progressively replaced with suitable alternative substances or technologies.

These chemicals include Trichloroethylene, Chromium trioxide, and Ammonium dichromate.

For a complete list of the thirteen chemicals, and the reasoning for their inclusion, please click on the above link.