Recently we discussed the 16 candidates for Very High Concern status under REACH.  In European Chemical Clampdown Reaches Across Atlantic Scientific American discusses the possible implications for U.S. companies:

Hundreds of chemicals likely to be identified by the European Union (E.U.) as “substances of very high concern” are produced throughout the U.S., sometimes in large quantities…

These dangerous chemicals have been identified via the E.U.’s 2007 Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) law, which requires the disclosure of all chemicals sold in the E.U. in quantities of more than one metric ton per year. As it stands, 16 chemicals, including three phthalates, are already on the REACH list as chemicals of concern. And in coming years, the REACH law will require that companies prove the safety of a given chemical before it is allowed to be sold; those chemicals deemed dangerous—or “substances of very high concern” due to associated human health risks—will only be sold with special governmental permission.

Of the 267 chemicals on the potential expanded REACH list compiled by the International Chemical Secretariat in Sweden, two are regulated in some form under U.S. law—asbestos and hexavalent chromium (chromium VI)—and only one third have even been tested by the EPA…

All told, the U.S. manufactures more than one billion pounds (455 million kilograms) of 14 potential REACH-listed chemicals, including two varieties of toluene; 85 more are made in quantities exceeding one million pounds (455,000 kilograms), like the phthalates which have already been regulated in some cases in the E.U.

BASF, Chemtura, Dow, DuPont and Equistar make the most of these suspect chemicals in the U.S., and Kentucky, Louisiana, Michigan, New Jersey, New York, North Carolina, Ohio and Texas host operations that manufacture them. Some of the most commonly produced dangerous chemicals include benzene, formaldehyde, styrene, hexane and butadiene…

Another article: How Europe’s New Chemical Rules Affect U.S. discusses the possible impact of the ‘Substitute it Now’ or SIN List:

• SIN List chemicals are produced or imported in 37 states as well as Puerto Rico and the Virgin Islands, at as many as 78 sites per state…
• The number of SIN List chemicals per state varies from 1 to 37.
• Eight states have at least a dozen SIN List chemicals: New Jersey, Texas, Louisiana, Ohio, New York, North Carolina, Kentucky and Michigan.
• In the United States, at least 85 SIN List chemicals are produced annually in amounts of one million or more pounds, and at least 14 exceed one billion pounds annually.
• At least 173 companies are producing or importing SIN List chemicals in the United States.
• Some companies are associated with many SIN List chemicals—as many as 21 per company.
• The five companies reporting making the most SIN List chemicals are Dow, DuPont, Chemtura, Equistar and BASF.
• Many SIN List chemicals are produced or imported by multiple companies at numerous sites—as many as 36 companies at 52 separate sites. The five chemicals with the most companies and sites are benzene, formaldehyde, styrene, hexane and 1,3-butadiene.

Click on the above links for more information.

Of particular interest in this EETimes.com report is how REACH is still poorly understood by many companies:

A survey has thrown up major concerns that the recently adopted EU REACH (Registration, Evaluation and Authorization of Chemicals ) regulation will disrupt metal and chemical supply to the EU and this could start to cause major disruptions by the end of this year if importers do not begin to take action to deal with the regulation.

The worrying results of the survey, conducted by IPC Market Research, suggest that the majority of solder suppliers have very limited knowledge of the regulations. When asked about awareness and readiness for REACH compliance, most scored a 1 (none) in response to a 10 point scale.

This is a worrying and surprising statistic with less than 3 months for pre-registration under REACH, according to IPC.

Companies may not understand that the implications of not being REACH compliant could lead to exclusion from the EU market, thus resulting in inevitable interruptions in trade.

REACH is expected to impact every company within the EU, especially those depending on non-EU suppliers.

Click on the above link for the full story.

A REACH update from Electronics Design, Strategy, News:

The EU (European Union) environmental NGOs (non-governmental organizations) through the International Chemical Secretariat has released its “Substitute It Now” (or aptly acronymed “SIN”) list of 220 chemical substances considered to be possible Substances of Very High Concern under REACH (Registration, Evaluation, and Authorization of Chemicals).

As a reminder, REACH began on June 1, 2007, and aims to streamline and improve the former legislative framework for chemicals in the EU. Under REACH, manufacturers and importers must register substances they produce or import in quantities of one ton or more per year per company by end of 2008. These companies may not use any substance that REACH determines to be a Substance of Very High Concern in products unless granted authorization.

Electronics supply chain watchers at Design Chain Associates reported that the SIN list was introduced at a conference held Wednesday in Brussels. The European Chemicals Agency had published a proposed list of 16 substances earlier this month. Design Chain Associates had its director of EU law and policy, Kris Pollet, at the Brussels meeting and reported that the European Chemicals Agency expects the first candidate list to be approved on October 22.

A 5-page PDF of the SIN list chemical substances is available here. The proposed list of 16 substances of very high concern is available here and includes the following:

• Anthracene CAS No. 120-12-7
• 4,4′- Diaminodiphenylmethane CAS No. 101-77-9
• Dibutyl phthalate CAS No. 84-74-2
• Cyclododecane CAS No. 294-62-2
• Cobalt dichloride CAS No. 7646-79-9
• Diarsenic pentaoxide CAS No. 1303-28-2
• Diarsenic trioxide CAS No. 1327-53-3
• Sodium dichromate, dihydrate CAS No. 7789-12-0
• 5-tert-butyl-2,4,6-trinitro-m-xylene (musk xylene) CAS No. 81-15-2
• Bis (2-ethyl(hexyl)phthalate) (DEHP) CAS No. 117-81-7
• Hexabromocyclododecane (HBCDD) CAS No. 25637-99-4
• Alkanes, C10-13, chloro (Short Chain Chlorinated Paraffins) CAS no. 85535-84-8
• Bis(tributyltin)oxide CAS No. 56-35-9
• Lead hydrogen arsenate CAS No. 7784-40-9
• Triethyl arsenate CAS No. 15606-95-8
• Benzyl butyl phthalate CAS No. 85-68-7

Click on the above link for the full article. 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

A useful reminder from Packaging News:

The UN’s Globally Harmonised System (GHS) on the classification, labelling and packaging of hazardous substances is to be incorporated into EU law after MEPs reached an “acceptable compromise”.

The new regulation will replace existing EU directives on classification and labelling of substances.

The aim of the GHS system is to enable products to be judged on their physical hazards and toxicity and to provide them with suitable labelling and information on safety measures, which could be through labels, hazard pictograms and words such as ‘Danger’ or ‘Warning’.

As with the current legislation, the proposed new regulation is intended to be primarily a self-classification system for businesses.

The regulation is in line with Registration, Evaluation, Authorisation and Restriction of Chemicals (Reach) legislation, although “some small amendments” to do with classification and labelling will have to be made.

A Press Release from the EU adds:

The compromise which has been agreed between representatives of the Parliament and the Council, aims to implement the GHS system into EU legislation. The new regulation will replace the existing EU directives on classification and labelling of substances which set forth an extensive system (3 key directives), but the current rules and the GHS are conceptually similar. The proposal aims to maintain the current level of environment and health protection, to keep the scope of the classification and labelling rules as close as possible to the existing EU system and to ensure a smooth transition to a new system based on GHS. The reclassification and labelling of most substances must be completed by 1.12.2010 for substances and 1.6.2015 for mixtures. The current Directives on classification, labelling and packaging will be repealed on 1 June 2015. During a transitory period both systems will be applied.

Click on the above links 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

From PharmTech.com:

The Synthetic Organic Chemical Manufacturers Association (SOCMA) is expressing trade concerns with the European Union’s REACH (Registration, Evaluation, Authorization, and Restriction of Chemicals) regulation, a new European Union policy on chemicals and their safe use…

REACH requires EU-based manufacturers and EU-based importers doing business, directly or indirectly in Europe, to register chemicals and their uses with the newly created European Chemicals Agency. Under REACH, companies will eventually be required to provide toxicity data for substances produced or imported into the EU in quantities above 1 metric ton per year. Companies will also be required to submit a comprehensive risk assessment, called a chemical safety report, covering the various uses of the materials they register. For approximately 1500–2000 chemical substances, companies will have to go through an authorization process to get permission to continue to use those substances…

One issue raised by SOCMA is in regards to provisions relating to the mandated use of a foreign-based “only representative” by a US-based company to comply with REACH. The “only representative” provision allows a manufacturer outside the European Union to appoint an EU-based company or individual to fulfill the registration obligations for products imported into the EU.

DeLisi commented on the high costs of having to use these representatives, their lack of availability and accountability, and the independence to which they are afforded to represent US businesses. Other concerns expressed about REACH were the disclosure of confidential business information, the potential to breach US antitrust laws, overall costs to companies to implement REACH, and doubts about the European Chemicals Agency’s ability to effectively administer REACH.

Click on the above link for the full article.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 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.

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

An article from RSC suggests that there may be a far larger number of REACH pre-registrations than expected:

The process of pre-registration of chemicals under Reach is now accelerating amidst concerns that the Helsinki-based European Chemicals Agency (ECHA), which is responsible for running the EU scheme to regulate the production and use of chemicals, may not have enough resources to do its job properly.

The agency had problems with its IT system for pre-registration when the six-month procedure started on 1 June. Substances produced in quantities of 1 tonne or more will have to be taken off the market in the EU if they have not been pre-registered by 1 December this year.

Initially ECHA insisted the IT glitch - which prevented bulk pre-registrations - would be put right by mid-June. But the tool for submitting files of up to 500 substances was not functioning until 22 July.

By late July, 4,627 companies had made 32,191 registration covering 13,883 substances on the agency’s Reach-IT online site, according ECHA figures. ECHA has calculated that there will be around 200,000 pre-registrations, for which it has taken on 200 staff to handle. However, in the next three to four months before the pre-registration deadline expires, the pace is expected to pick up considerably so that the numbers could far exceed the agency’s own estimates.

‘We think there will be at least 500,000 and even as many as 1 million,’ says Jo Lloyd, technical director at REACHReady, the Reach service set up by the UK’s Chemical Industries Association. ‘A lot more companies than expected are preparing to pre-register.’

Click on the above link for more information.

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

The San Francisco Chronicle on a potential new law for workplace exposure limits in California:

An Assembly leader is pledging a down-to-the-wire fight for legislation that would require the state to adopt worker exposure standards for all known cancer-causing chemicals.

Assembly Speaker Pro Tem Sally Lieber says the measure is needed because a state board responsible for setting industrial safety standards has been guilty of “a reprehensible level of inaction” regarding California workers who are exposed to dangerous chemicals on the job.

The Mountain View Democrat’s measure, which is opposed by a powerful coalition of business groups, has stalled in past sessions, and it now languishes in the Senate Environmental Quality Committee. Opponents say it is an overly broad, anti-business measure.

The legislative showdown over the bill, AB515, comes less than a month after The Chronicle published a series describing workers’ angry concerns about cancer-causing chemicals at a chemical plant in the Mojave Desert, Searles Valley Minerals. After the series appeared, several lawmakers, including Lieber, called for the state to investigate the matter.

Click on the above link for more information. The full text of AB515 is available here.

The Guardian has a fairly standard article on the burden REACH is placing on companies. One interesting discussion is the number of pre-registrations that have been sent in:

Dancet’s agency has around 200 staff and aims to add an additional 50 before the year end to handle the flurry of enquiries and pre-registrations that will have to be submitted before 1 of December this year.

“There are enormous numbers of questions coming to our helpdesk … it has been a rather difficult issue to manage over the past year,” Dancet told Reuters in an interview.

Already some 40,000 pre-registrations have been submitted and Dancet expected some 150,000 to 200,000 before the year end.

“We will discuss with our network of national helpdesks how to tackle the continuing increase of questions — potentially it will only get worse,”

Click on the above link for more information.