ECHA Identifies 2300 Chemical Substances for REACH Registration by 2013

A survey of potential registrants by the European Chemicals Agency (ECHA) has resulted in a list of 2,300 chemical substances that are intended to be registered by the 2013 deadline under REACH.  Substances that are manufactured or imported into Europe at levels above 100 tonnes per year must be registered by May 31, 2013.  This is in addition to the previous deadline of November 30, 2010 for registration of chemicals at volumes greater than 1000 tonnes per year or were substances of very high concern (SVHC).

ECHA will update the list monthly and invites those potential registrants who have not informed ECHA of their intent to do so as soon as possible.

Registrants must prepare an IUCLID dossier containing data requirements as specified in the REACH regulation.  The dossier is filed electronically through ECHA's REACH-IT system and must be done prior to the deadline in order to continue to manufacture or import those substances.  New substances not on the preregistered phase-in list must submit completed dossiers prior to manufacture or import.

More information can be found in the ECHA press release.

EPA Will Not Change Chemical Data Reporting Deadline Despite House Request

EPA has decided that it will would not change the reporting deadline for the new Chemical Data Reporting (CDR) rule despite a letter from Republican Representative Fred Upton, chair of the House Energy and Commerce Committee.  The CDR requires chemical manufacturers to provide data during the period from February 1 to June 30, 2012.  The letter from Upton, along with fellow Republican John Shimkus, argued that the reporting rule - which had been delayed by nearly a year already - was overly burdensome to industry.  In their January 30, 2012 response, acting EPA toxics chief Jim Jones noted that “the EPA provided a five month reporting period for this first round of reporting to provide additional time for companies to review and understand changes in the reporting requirements, gather the necessary information, and file through the agency's electronic reporting system.”

Jones also noted that, “we believe that the current five month window for companies to report, along with their ability to engage the agency directly on any questions or issues they may have, provides an adequate opportunity for reporting by June 30, 2012.”

The final CDR was published on August 15, 2011, thus giving substantial time for industry to understand their obligations and prepare for the submission.  EPA also recently provided guidance for submitting byproduct data, a key concern expressed in the Upton/Shimkus letter.  Overall, EPA believes that it has provided substantial lead time and guidance for industry to comply and that the additional delays requested by the Republican members of the House are both unwarranted and would reduce the availability of vital, and Congressionally-mandated, health and safety information from the public.

More information on Chemical Data Reporting can be found on EPA's web site.

Japan Allows 1-week to Register New Chemicals - Don't Miss It

Japan has announced that it will accept applications for manufacture or import of new chemicals meeting their small quantity criteria, but these applications must be filed during a single one-week period from February 28th to March 7th, 2012.  This is in accordance with Japan's Chemical Substance Examination and Manufacturing Control law.  For readers of Japanese, more information is available on the Environmental agency website.

 

The announcement was made by the Japanese Ministry of Economy, Trade, and Industry; the Ministry of Health, Labor, and Welfare; and the Ministry of the Environment. The application requirement applies to annual quantities of 1 to 10 metric tonnes and for only chemicals that are new to Japan (existing chemicals in Japan are not included in the requirement).  

 

This annual event has been occurring for the last 8 years, with the number of applications growing from only about 100 in 2004 up to over 1000 by 2010.

ECHA Says "Only Representatives" Can Apply for Chemical Authorization

According to the European Chemicals Agency (ECHA):

"In December 2011, the European Commission services informed ECHA that, in their view, an Only Representative (OR) of a non-EU manufacturer can also apply for authorisation. Following this, ECHA updated the webforms to allow ORs to send their applications while developing long term functionalities in REACH-IT. The relevant Data Submission Manual Part 22 - How to Prepare and Submit an Application for Authorisation using IUCLID 5 is also being updated and will be published once the new version of IUCLID is released, which is currently expected to be during summer 2012."

Previously it was assumed that only a European registrant could apply for authorization under REACH.  Authorization is the process by which companies can apply to keep certain uses of their Substances of Very High Concern (SVHC) that have been targeted for banning on the market for a limited period of time while alternatives are developed.

More information on applying for authorization can be found on the ECHA site.

With No TSCA Chemical Reform on the Horizon, States Take the Lead

With TSCA reform at the federal level highly unlikely to occur in this election year, the individual states are expected to step up their ongoing battle to protect human health and the environment from chemicals. According to Safer States, "at least 28 state legislatures will consider proposals to address continued concerns about toxic chemicals in consumer products."  This builds on "over 80 chemical safety laws [that] have been passed with an overwhelming margin of bi-partisan support in statehouses across the country" during the last nine years.

Safer States is "a network of diverse environmental health coalitions and organizations in states around the country" and is a part of Safer Chemicals, Healthy Families, a "coalition of groups united by their common concern about chemicals in our homes, places of work, and products we use every day."

The organization has posted what they see as highlights of the 2012 state legislative efforts, as follows:

• Identification and Disclosure of Chemicals Harmful to Children. At least 13 states, including Alaska, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New York, New Jersey, Oregon, Vermont, and Washington will consider policies to identify and ultimately reduce exposures to chemicals of concern, including prioritizing chemicals for state action and requiring manufacturers of consumer products to disclose the chemicals in their products.
• BPA Phase Outs. At least 20 states will consider policy to restrict the use of the hormone-disrupting chemical BPA in infant formula cans, other food packaging, children's products, and receipt paper. Alaska, Alabama, Arizona, Connecticut, Colorado, Georgia, Hawaii, Illinois, Iowa, Kentucky, Massachusetts, Maine, New Hampshire, New York, North Carolina, New Jersey, Tennessee, Virginia, West Virginia and Wisconsin are all states considering such legislation.
• Tris Flame Retardant Phase Outs. At least four state legislatures will introduce policies to phase out the use of the flame retardant chlorinated Tris in children's products. Chlorinated Tris is a flame retardant that was removed from children's pajamas in the 1970s because of concerns over adverse health effects, including cancer, but has reappeared in other children's products. Connecticut, Maryland, New York, and Washington are legislatures considering such a ban. In addition, Alaska, Michigan, New Jersey and New York legislatures will consider policies to reduce exposure to the flame retardant decaBDE.
• Green Cleaning in Schools. Earlier this month, Vermont passed policy requiring manufacturers to only sell environmentally preferable cleaning products to schools. Massachusetts, New Jersey, New York, and North Carolina are considering similar policy.
• Cadmium Bans in Children's Products. At least 5 states will be introducing or have introduced policies to ban the use of cadmium in children's products, including Hawaii, Maryland, Michigan, New York, and Tennessee. Cadmium is linked to cancer and other health effects.
• Other policies. Oregon has introduced policy to require the state to reduce toxics through its procurement process. New York is considering policy to restrict formaldehyde in beauty products. Massachusetts and Georgia are also considering policy to improve the safety of cosmetics. Other states have introduced individual chemical restrictions, such as lindane in Michigan and perchloroethelyene in Vermont.

Ironically, while the chemical industry has indicated that it prefers the reform of TSCA on the federal level rather than a patchwork of state and local laws, the lack of action on TSCA is serving as a catalyst for states and municipalities to create that patchwork in earnest.

The full Safer States press release can be viewed and downloaded as a PDF here.

Obama Nominates Jim Jones to Officially Head EPA Toxics Office

The White House has announced that President Obama will nominate long-time EPA leader Jim Jones to be the Assistant Administrator of the Office of Chemical Safety and Pollution Prevention (OCSPP).  Jones has been acting chief of the office since the departure of Steve Owens last October.  Jones' nomination must be confirmed by the Senate, a prospect that led some to believe Obama would not officially nominate anyone during this contentious election year.  Another nominee, Ken Kopocis to be Assistant Administrator of the Office of Water, has been held up by Republicans critical of ongoing rulemaking from that office.

Jones has previously served as Deputy Assistant Administrator in the Office of Air and Radiation as well as Deputy Assistant Administrator for the Office of Chemical Safety and Pollution Prevention. He previously also was Director of the Office of Pesticide Programs and "held a series of management positions in the EPA’s Office of Pesticide Programs" in a career that goes back to 1991 at EPA.

The Office of Chemical Safety and Pollution Prevention is charged with overseeing EPA's regulation of industrial chemicals and pesticides. EPA and many of the Office's programs have been mired in a seemingly constant battle to maintain funding for "protection of human health and the environment" as Congress tries to limit EPA's ability to do so.  Several initiatives and rulemakings have also been hung up under review at the Office of Management and Budget.

The White House announcement of this and other key administration posts can be read here.

EPA Provides Guidance for Reporting Byproduct Data Under the Chemical Data Reporting Rule

The USEPA will be providing additional information related to the Chemical Data Reporting (CDR) Rule, which was formerly the Inventory Update Rule (IUR).  Many companies have been confused about what they actually have to report.  And a recent workshop dealt with one specific type of chemical - byproducts. 

More information will be coming sometime in January.  Until then, those companies who are still trying to figure out their obligations can check EPA's Frequently Asked Questions (FAQ) page on the 2012 CDR, which can be found here.


Additional useful information is available from a workshop held January 19, 2012 at the Washington University Law School.  The workshop, sponsored by law firm Bergeson & Campbell and the USEPA, looked specifically on how to report byproducts and recycled substances under the CDR.  An overview and slide presentations, as well as case studies and an audio playback, can be downloaded here.

More information on the CDR can be found on EPA's web site.

California and EPA to Work Together on Green Chemistry Promotion

The USEPA and the California Department of Toxic Substances Control (DTSC) have signed a formal Memorandum of Understanding (MOU) to cooperate on the development of green chemistry.  The MOU is designed to use the combined resources of these two agencies to promote green chemistry and reduce the amounts of chemicals considered "toxic" in consumer products.  According to the DTSC press release:

This formal agreement outlines principles by which DTSC and U.S. EPA will cooperate to reduce toxic chemicals in consumer products, create new business opportunities in the emerging safer consumer products economy, and reduce the burden on consumers and businesses struggling to identify what’s in the products they buy for their families and customers.

More information about the cooperative MOU can be found in the DTSC press release.

The MOU itself can be read here.

EPA Makes Available 2010 Greenhouse Gas Emissions Data from Large Facilities

The USEPA has issued, for the first time, "comprehensive greenhouse gas (GHG) data reported directly from large facilities and suppliers across the country." The data are the first made accessible to the public through EPA’s GHG Reporting Program.   According to EPA, "the 2010 GHG data released today includes public information from facilities in nine industry groups that directly emit large quantities of GHGs, as well as suppliers of certain fossil fuels."

The public can now go online to "view and sort GHG data for calendar year 2010 from over 6,700 facilities in a variety of ways—including by facility, location, industrial sector, and the type of GHG emitted. This information can be used by communities to identify nearby sources of GHGs, help businesses compare and track emissions, and provide information to state and local governments."

In their press release, EPA notes that "GHG data for direct emitters show that in 2010:

•Power plants were the largest stationary sources of direct emissions with 2,324 million metric tons of carbon dioxide equivalent (mmtCO2e), followed by petroleum refineries with emissions of 183 mmtCO2e.

•CO₂ accounted for the largest share of direct GHG emissions with 95 percent, followed by methane with 4 percent, and nitrous oxide and fluorinated gases accounting for the remaining 1 percent.

•100 facilities each reported emissions over 7 mmtCO2e, including 96 power plants, two iron and steel mills and two refineries."

To access EPA’s GHG Reporting Program Data and Data Publication Tool

President Obama "Stands With" the EPA

President Barack Obama made his first visit to the USEPA to thank them for their service.  The visit comes during a time when two of EPA's most visible leaders - Steve Owens and Paul Anastas - have recently stepped down to return to private and academic careers.  According to his remarks:

The main reason I’m here is simple:  I just want to say thank you.  I want to say thank you to each and every one of you, because the EPA touches on the lives of every single American every single day.  You help make sure that the air we breathe, the water we drink, the foods we eat are safe.  You protect the environment not just for our children but their children.  And you keep us moving towards energy independence. 

Over the last 3 years the EPA has faced considerable political attack on its ability to carry out its functions, with Congress voting to cut its budget severely and blocking needed regulatory efforts to constrain greenhouse gas emissions to fight man-made climate change.  Obama countered the artificial argument offered by some in Congress that human health and the environment must be sacrificed for economic reasons, saying:

Safeguarding our environment is also about strengthening our economy.  I do not buy the notion that we have to make a choice between having clean air and clean water and growing this economy in a robust way.  I think that is a false debate. 

Finally, the President indicated he would stand up for the EPA so that they can do their jobs.  He noted:

So all of you, and all of those who served before you, have made a difference.  Our environment is safer because of you.  Our country is stronger because of you.  Our future is brighter because of you.  And I want you to know that you’ve got a President who is grateful for your work and will stand with you every inch of the way as you carry out your mission to make sure that we’ve got a cleaner world. 

The White House press release is available here.

The full text can be read here.

A video of the President's speech can be seen below.

GAO Finds that "Challenges" Remain with EPA's IRIS Chemical Assessment Program

The Government Accountability Office (GAO) says that "EPA faces both long-standing and new challenges in implementing the IRIS program," a conclusion of which EPA agrees and backs further improvements to increase the transparency and efficiency of its chemical risk assessment program - the Integrated Risk Information System, or IRIS.  GAO issued its final report on January 9, 2012 after issuing a preliminary report last year.

IRIS has come under attack from both industry and NGOs as either not adhering to "sound science" or "being too slow to complete assessments," respectively. 

The GAO report, "Challenges Remain with EPA's Integrated Risk Information System (IRIS) Program," recommends the EPA present a workable time frame for each step of the IRIS assessment process.  GAO also recommended that EPA work out how it will implement previous recommendations of the program offered by the National Academy of Sciences, and provide agendas for chemicals under review and when they will be completed. 

The American Chemistry Council (ACC) welcomed the GAO report, saying in their press release:

The report by the Government Accountability Office affirms widespread recognition, including recent comments from the National Academy of Sciences (NAS), that despite a series of attempts to improve the process behind EPA’s Integrated Risk Information System, the program still falls short of meeting the benchmarks of objectivity, scientific accuracy and transparency. The report shows that these longstanding problems have yet to be addressed and EPA has not developed a clear plan for fixing IRIS.

And yet, a recent report by the Natural Resources Defense Council, an NGO, suggested that the chemical industry was engaging in a "delay game" to "duck" regulations. The NRDC report, "The Delay Game: How the Chemical Industry Ducks Regulations of the Most Toxic Chemicals," charges that weaknesses in TSCA "have allowed chemical companies to exploit the act by thwarting the EPA's attempts to finalize health assessments and delaying regulation of chemicals -- sometimes for decades."

How EPA will implement the GAO and NAS recommendations is uncertain, as is who will lead the effort since last week Paul Anastas, the head of EPA's Office of Research & Development, is leaving his position to return to academic life at Yale.

The GAO report can be downloaded as a PDF here.

Paul Anastas, Head of Office of Research and Development, to Leave EPA

According to a tweet on the Agency's Twitter account, Paul Anastas will leave EPA in mid-February.  Anastas, whom some refer to as "The Father of Green Chemistry," has served as Director of EPA's Office of Research and Development (ORD) for the last two years.  He will return to Yale University where he once was Director of the Center for Green Chemistry and Engineering.  According to Twitter:

Dr. Anastas announces departure frm EPA, mid February to return to @Yale & family. EPA experience "rewarding, challenging & enlightening"

In an email to colleagues Anastas indicated that he will pursue research similar to what he did before at Yale. Previously Anastas had advocated the development of "greener" chemicals, i.e., those with a smaller ecological footprint and/or less toxic.  His research included the synthesis of green chemicals, polymers derived from biological sources rather than petroleum-based sources, and a variety of other practical methods used to develop safer chemicals.

Anastas writes in his email that he

"will continue to be part of the broader pursuit of sustainability through my work and research at Yale University. I have said before that while I can't always guarantee the win, I will always guarantee the fight. I have fought beside you in taking the necessary steps to protect the health and environment of the American public."

The EPA Twitter account tweeted on January 5th that:

EPA researchers will keep on the Path Forward Dr Anastas championed - Research for the 21st Century:  

Given the current state of Congress and their unwillingness to confirm even the least controversial executive positions, it is uncertain when EPA Administrator Lisa Jackson and President Barack Obama will nominate a replacement to head ORD.  Last fall the President appointed Jim Jones to be Acting Director of the Office of Chemical Safety and Pollution Prevention to replace outgoing Director Steve Owens.  Most likely an Acting Director for ORD will be appointed, with some suggesting it could be Associate Assistant Administrator Ramona Trovato.

Climate Scientist, former IPCC Chair, Bob Watson Honored with Knighthood

Climate scientist Bob Watson of the University of East Anglia has been awarded a knighthood. Watson is a professor of environmental sciences at UEA and also Director of the Tyndall Centre for Climate Change Research, where he has been since 2007.  He was Chair of the Intergovernmental Panel on Climate Change (IPCC) from 1997 to 2002. 


Besides his knighthood, the now Sir Bob Watson has been the recipient of numerous awards over his prestigious career, including the National Academy of Sciences Award for Scientific Reviewing, the AAAS Award for Scientific Freedom and Responsibility, and the insignia of Honorary Companion of St. Michael and St. George, which he received from the British government.

Prior to returning to his native Britain, Watson had been Director of the Science Division and Chief Scientist for the Office of Mission to Planet Earth NASA and later was Associate Director for Environment in the Clinton White House.  He also served as a chief scientist with the World Bank and a variety of international environmental organizations.


He Chaired the IPCC during the development of the Third Assessment Report, which was published in 2001. According to Wikipedia, "In April 2002 the United States pressed for and won his replacement by Rajendra Pachauri as IPCC chair. According to New Scientist, "The oil industry seems to be behind the move." The industry campaign to oust Watson had begun days after George W. Bush's inauguration in January 2001, with a memo to the White House from Randy Randol of oil giant ExxonMobil asking "Can Watson be replaced now at the request of the US?"

According to the press release from the University of East Anglia, on receiving the news of his knighthood Watson said:

"I am delighted and humbled by this honour, which implicitly recognises the value of scientific knowledge in national and international environmental policy formulation. Of all the honours I have received this is very special, not only to me but also to my family and friends."

Photo credit: Courtesy of UAE.

ECHA Recommends 13 Substances of Very High Concern be Banned

According to the European Chemicals Agency (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.

The thirteen substances and their main uses within the scope of authorisation are:

• Trichloroethylene (carcinogen). A substance mainly used in surface cleaning, in textile scouring, in adhesives and as a heat transfer fluid.
• Chromium trioxide (carcinogen, mutagen). A substance mainly used for metal finishing and as a catalyst.
• Acids generated from chromium trioxide and their oligomers (group containing: chromic acid, dichromic acid, oligomers of chromic acid and dichromic acid) (carcinogen). A substance that could be used to replace chromium trioxide in many of its uses.
• Sodium dichromate (carcinogen, mutagen, toxic for reproduction). A substance mainly used in metal surface treatment.
• Potassium dichromate (carcinogen, mutagen, toxic for reproduction). A substance mainly used in metal surface treatment and as a processing aid.
• Ammonium dichromate (carcinogen, mutagen, toxic for reproduction). A substance with currently no uses in the scope of authorisation. It could however be used to replace other chromium(VI) substances.
• Potassium chromate (carcinogen, mutagen). A substance mainly used in metal surface treatment.
• Sodium chromate (carcinogen, mutagen, toxic for reproduction). A substance mainly used in metal surface treatment.
• Cobalt(II) sulphate (carcinogen, toxic for reproduction). A substance mainly used in surface treatment processes and as a water treatment chemical, oxygen scavenger and corrosion inhibitor.
• Cobalt dichloride (carcinogen, toxic for reproduction). A substance mainly used in surface treatment processes and as a water treatment chemical, oxygen scavenger and corrosion inhibitor.
• Cobalt(II) dinitrate (carcinogen, toxic for reproduction). A substance mainly used in surface treatment processes and as a water treatment chemical, oxygen scavenger and corrosion inhibitor.
• Cobalt(II) carbonate (carcinogen, toxic for reproduction). A substance mainly used in fertilisers and in surface treatment processes.
• Cobalt(II) diacetate  (carcinogen, toxic for reproduction). A substance mainly used as a catalyst and in surface treatment processes."

More information can be found on the ECHA site.