From RSC.org:

A plan by the US Environmental Protection Agency (EPA) to overhaul its inventory of industrial chemicals could lead to a lot more paperwork for chemical firms, industry officials have warned.

The Chemical Substances Inventory, established under the 1976 American Toxic Substances Control Act (TSCA), lists all chemicals manufactured in the US or imported into the country, along with safety data. But only around 7,000 of the 83,000 chemicals currently listed are actually still in use, according to the American Chemistry Council (ACC), a trade group representing North American chemical companies…

The inventory reset initiative is under the auspices of EPA’s Chemical Assessment and Management Program (ChAMP). Through the programme, the chemical industry will also be expected to provide health and safety information on inorganic high-production volume (HPV) chemicals - defined as substances with annual production or import volumes above 1 million pounds (454 metric tonnes).  The initiative will likely be voluntary, but the agency has warned that testing could be compulsory in the absence of ‘timely and responsible action’ by industry.

Click on the above link for more information.

From Health Day News:

Responding to concerns that food labels aren’t doing enough to alert consumers to the presence of allergens, or that the labels are just plain confusing, the U.S. Food and Drug Administration is hosting a public hearing Tuesday on what it can do to improve things.

“If you go down the candy aisle and you pick up any number of candy bars or other confectionery products, you are going to see a variety of these ‘may contain’-type labels: ‘may contain peanuts,’ ‘processed on shared equipment,’ ‘manufactured in a facility that processes peanuts or milk or whatever it is,’” said Anne Munoz Furlong, founder of The Food Allergy & Anaphylaxis Network in Fairfax, Va. “Nobody knows what it means. Some 1/8labels 3/8 are completely ridiculous, and the result is that consumers are confused and are forced to have very limited food choices or take risks.”

“We would like to see all of the food industry adopt one set of criteria for using these descriptions and a limited number of those descriptions,” Furlong added. “There are about 30 different ways to say ‘may contain’ on the marketplace. That’s way too many.”…

The hearings are part of a “long-term strategy” on the part of the FDA to help manufacturers upgrade their labeling practices, making them both clear and truthful…

The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) required new labels on packaged foods containing “major food allergens,” which were defined as milk, eggs, fish, Crustacean shellfish, tree nuts, wheat, peanuts and soybeans, or any other ingredient that contains protein derived from one of these foods or food groups.

More information available at the above link or from the FDA here .

A notice from the EPA on an upcoming public meeting:

Pursuant to the Federal Advisory Committee Act, EPA gives notice of a public meeting of the Pesticide Program Dialogue Committee (PPDC) Work Group on Comparative Safety Statements or Logos for Pesticide Product Labeling on September 10, 2008…

This action is directed to the public in general, and may be of particular interest to persons who work in agricultural settings or persons who are concerned about implementation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); the Federal Food, Drug, and Cosmetic Act (FFDCA); and the amendments to both of these major pesticide laws by the Food Quality Protection Act (FQPA) of 1996…

The objective of the PPDC Work Group on Comparative Safety Statements or Logos for Pesticide Product Labeling is to address the interest being expressed by the public for possible development of Agency or third party endorsements/statements or logos on labels regarding comparative product safety. The work group will make recommendations to the full PPDC as to whether the government should pursue a policy and regulatory change in order to develop or allow these types of statements or logos…

Click on the above link for more information.

From the Durango Herald:

DENVER - State regulators took the first step Tuesday to requiring energy companies to disclose the chemicals they use in drilling gas and oil wells…

The panel has spent all summer in hearings about the new rules, which are aimed at protecting public health and the environment. It took its first votes Tuesday, but the changes won’t be official until next month, when the commission is scheduled to wrap up its rule-making…

The rule would require companies to keep an inventory of all the chemicals they use for well drilling if the substances amount to at least 500 pounds. The identity of chemicals that are trade secrets would be released only to a select few state workers and to doctors treating a person injured by chemicals…

Gas companies had argued the new rule isn’t needed because existing federal law requires them to keep Materials Safety Data Sheets with information about the chemicals. Federal law also requires companies to help doctors during emergencies…

Commissioner Jim Martin, however, said the current system has holes that the state needs to fill.

“Sometimes the MSDS sheets include that information, and sometimes they don’t,” Martin said.

Click on the above link for the full article.

More on the CPSC Reform Act we discussed last week. From CTV News:

President George W. Bush on Thursday signed consumer-safety legislation that bans lead from children’s toys, imposing the toughest standard in the world.

The new law prohibits lead, beyond minute levels, in products for children 12 or younger. Lead paint was a major factor in the recall of 45 million toys and children’s items last year, many from China.

Both houses of Congress approved the bill by overwhelming margins two weeks ago.

The Consumer Product Safety Commission estimates there are about 28,000 deaths each year linked to unsafe products, including toys, in the United States. More than 33 million people were injured last year by consumer products.

The bill also bans a chemical called phthalates that is widely used to make plastic products softer and more flexible.

And the legislation bolsters the Consumer Product Safety Commission, which took the brunt of criticism last year over the massive recalls and the government’s failure to monitor toy imports before they reach store shelves.

Click on the above link for the full story.

From Safety.BLR.com:

This year, the United Nations will be implementing the Globally Harmonized System of Classification and Labeling of Chemicals (GHS)–a new global system that will standardize definitions, data sheets, classification of materials, and labeling around the world. U.S. agencies will be making decisions about adopting these requirements in the U.S.

While this is ultimately good news for all concerned, in the short term the implementation of the GHS will require changes in all American workplace hazard communication programs–including all new labels and safety data sheets…

Here is a timeline of OSHA regulatory activities regarding GHS…

• Goal for publishing the proposed rulemaking is October 2008.
• Final rule could be published 12 months to 18 months after that.
• Compliance is likely to be phased in over several years.

Click on the above link for more information.

Nexreg has more information on GHS at the following link:

• GHS Strategic Planning (English)

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

Nexreg Toll Free: 1-866-361-3032
E-mail:info@nexreg.com

More on the CPSC Reform Act we discussed last week. This from InjuryBoard.com:

Both the United States Senate and House of Representatives voted to pass a bill that provides for the reauthorization of the Consumer Product Safety Commission (CPSC). The bill includes many safety protections, including ATV (all-terrain vehicle) standards, whistleblower protection for employees of manufacturers and distributors, a ban on phthalates in children’s toys, and other mandatory toy standards. It also authorizes additional federal funding for the Commission to carry out investigations.

The American Association for Justice has been working on this legislation for the better part of a year. They worked to include language that clarifies requirements under such bills as the Consumer Product Safety Act and the Federal Hazardous Substance Act do not preempt causes of action under State or local common law, nor do they preempt State statutory law concerning damage claims. The language of the bill specifically states that the CPSC is to refrain from including any language regarding preemption in its statement of policy and executive branch orders. The legislation also states certain state laws, for example California’s Proposition 65, are not preempted. The bill is now being sent to the White House for the President’s approval, which he is expected to sign.

Click on the above link for more information.

From the EPA - National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater; and National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing

On November 10, 2003, EPA promulgated national emission standards for hazardous air pollutants (NESHAP) for miscellaneous organic chemical manufacturing. The rule is referred to as the miscellaneous organic NESHAP or the MON. The MON incorporates by reference the wastewater tank requirements in the National Emission Standards for Organic Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater, which EPA promulgated on April 24, 1994, and which is referred to as the hazardous organic NESHAP or the HON. In this action EPA proposes to amend the HON, and thereby, the MON, by adding an equivalent means of emission limitation for wastewater tanks. This action also clarifies and corrects technical inconsistencies that have been discovered in the MON.

DATES: Comments. Comments must be received on or before September 22, 2008.

Click on the above link for the full details.

The USA Today on the new act:

Congress has passed sweeping legislation to improve the safety of toys and other consumer products.

The bill — approved by the Senate Thursday night and the House of Representatives Tuesday — follows a rising tide of public concern over product safety, spurred by recalls of 45 million children’s toys and products last year and growing worry over chemicals in plastic. The measure, which passed with “veto-proof” majorities, now goes to President Bush, who has not threatened to reject it.

The bill virtually eliminates lead in children’s toys and bans six types of chemicals, called phthalates, that have hormone-like effects. Lead can cause both brain damage and behavioral problems in children. A number of animal studies and a few in humans have linked phthalates to early puberty in girls, genital defects and reduced testosterone production in boys and impaired sperm quality in men.

The bill requires that all toys be tested for dangerous chemicals before they’re sold — a big change over the current practice, in which untested toys are sold and recalled if necessary, says Rachel Weintraub of the Consumer Federation of America. Outside companies will perform the tests.

The law also boosts the budget of the Consumer Product Safety Commission from $80 million to $118 million in 2010 and $136 million five years later. The commission will be required to set up a website where consumers can both register complaints and read reports posted by others.

Click on the above link for more information. The act itself can be found here.

From the EPA:

EPA is proposing a test rule under section 4(a)(1)(B) of the Toxic Substances Control Act (TSCA) to require manufacturers, importers, and processors of certain high production volume (HPV) chemical substances to conduct testing to obtain screening level data for health and environmental effects and chemical fate. EPA has preliminarily determined that: Each of the 19 chemical substances included in this proposed rule is produced in substantial quantities and that there is or may be substantial human exposure to each of them; there are insufficient data to reasonably determine or predict the effects on health or the environment of the manufacture, distribution in commerce, processing, use, or disposal of the chemicals, or of any combination of these activities; and the testing program proposed here is necessary to develop such data. Data developed under this proposed rule will provide critical information about the environmental fate and potential hazards associated with these chemicals which, when combined with information about exposure and uses, will allow the Agency and others to evaluate potential health and environmental risks and to take appropriate follow-up action. Persons who export or intend to export any chemical substance included in the final rule would be subject to the export notification requirements in TSCA section 12(b)(1) and at 40 CFR part 707, subpart D. EPA has also taken steps, as described in this document, to consider animal welfare and to provide instructions on ways to reduce or in some cases eliminate animal testing, while at the same time ensuring that the public health is protected.

Click on the above link for more information.

The CAS Numbers of the 19 chemical substances are as follows:

• 75-07-0 : Acetaldehyde
• 78-11-5 : 1,3-Propanediol, 2,2- bis[(nitrooxy)methyl]- , dinitrate (ester)
• 84-65-1 : 9,10-Anthracenedione
• 89-32-7 : 1H,3H-Benzo[1,2-c:4,5- c’]difuran-1,3,5,7- tetrone
• 110-44-1 : 2,4-Hexadienoic acid, (E,E)-
• 118-82-1 : Phenol, 4,4′- methylenebis[2,6- bis(1,1-dimethylethyl)-
• 119-61-9 : Methanone, diphenyl-
• 144-62-7 : Ethanedioic acid
• 149-44-0 : Methanesulfinic acid, hydroxy-, monosodium salt
• 2524-04-1 : Phosphorochloridothioic acid, O,O-diethyl ester
• 4719-04-4 : 1,3,5-Triazine- 1,3,5(2H,4H,6H)- triethanol
• 6381-77-7 : D-erythro-Hex-2-enonic acid, [gamma]-lactone, monosodium salt
• 31138-65-5 : D-gluco-Heptonic acid, monosodium salt, (2.xi.)-
• 66241-11-0 : C.I. Leuco Sulphur Black 1
• 68187-76-8 : Castor oil, sulfated, sodium salt
• 68187-84-8 : Castor oil, oxidized
• 68479-98-1 : Benzenediamine, ar,ar- diethyl-ar-methyl-
• 68527-02-6 : Alkenes, C12-24, chloro
• 68647-60-9 : Hydrocarbons, C > 4