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2023-06-20

NEA newsletter-202306

Latest Progress in Environmental Protection Laws and Regulations, Product Recall Case, and Experts Q&A

ECHA releases conclusions on the evaluation of bisphenol S
ECHA has published a substance evaluation conclusion from the Belgian authorities on bisphenol S, which was added to the community rolling action plan (Corap) list in 2014. The dossier submitter's initial grounds for concern were the chemical is a suspected carcinogenic, mutagenic and reprotoxic (CMR) substance and an endocrine disruptor.
The Belgian team concluded that follow-up regulatory action for the chemical is needed at EU level covering:

  • Harmonized classification and labelling
  • Identification as an SVHC: BPS fulfils the WHO/IPCS (2002) definition of an endocrine disruptor; and
  • Restrictions: BPS falls under the scope of the restriction proposal for BPA

Possible applications:
  • Used as a color fixing agent
  • Used as a plating solution additive
  • Leather tanning agent
  • Dispersant for high-temperature dyeing of disperse dyes
  • Hardening accelerator of phenolic resin, resin flame retardant, etc.
     
Single-use plastic beverage bottles – EU rules for calculating, verifying and reporting on recycled plastic content
COMMISSION IMPLEMENTING DECI-SION (EU) laying down rules for the application of Directive (EU) 2019/904 of the Euro-pean Parliament and of the Council as regards the calculation verification and reporting of data on recycled plastic content in single-use plastic beverage bottles.
This initiative will lay down common rules for calculating, verifying and reporting on recycled plastic content in single-use plastic beverage bottles. This will give legal clarity to Member States so they can properly implement EU rules on single-use plastics. This will help increase the use of recycled material in the EU economy and reduce plastic waste incineration and landfill. This draft act was opened for feedback for 4 weeks. The feedback period was 02 May 2023 to 30 May 2023.

Status Update for Clear and Reasonable Warnings - Short Form: Completion of Proposed Rulemaking

The proposed rulemaking to amend the regulation related to short-form Proposition 65 warnings was initially noticed in the California Regulatory Notice Register (CRNR) in January 2021.Under the Administrative Procedure Act (APA), a rule-making must be completed within one-year of the date it was first noticed to the public. The one-year period was extended by an Executive Order due to the COVID-19 pandemic. However, even with the additional time provided, OEHHA was unable to complete the regulatory process within the allotted time. OEHHA has allowed the rulemaking to lapse as provided for under the APA. OEHHA intends to restart the rulemaking process on the short-form with a new regulatory proposal, informed by comments on the previous proposal. Public notice and an opportunity to comment on that proposal will be provided.

1,1,1-Trichloroethane and Leucomalachite Green are included in Proposition 65 list of carcinogenic chemicals
Effective April 21, 2023, the Office of Environmental Health Hazard Assessment (OEHHA) is adding 1,1,1-trichloroethane (CAS Registry Number 71-55-6) and leucomalachite green (CAS Registry Number 129-73-7) to the list of chemicals known to the State of California to cause cancer for purposes of Proposition 65. The listing of these chemicals is pursuant to the "Labor Code" listing mechanism. The warning requirement for significant exposures to these chemicals will take effect on April 21, 2024.
The basis for the listings was a public notice published on March 3, 2023, issue of the California Regulatory Notice Register. The title of the notice was "Notice of Intent to List Chemicals by the Labor Code Mechanism: 1,1,1-Trichloroethane and Leucomalachite Green." No comments were received during the public comment period (March 3, 2023 – April 3, 2023).

EPA proposes ban on most uses of dichloromethane
On May 3, 2023, the US EPA issued a proposed rule in the Federal Register to regulate the use of methylene chloride more extensively (88 FR 28284). The proposal seeks to address the unreasonable risk of DCM to human health by amending 40 CFR 751 'Regulation of certain chemical sub-stances and mixtures under section 6 of the Toxic Substances Control Act' It:
  • Prohibits the manufacture (including import), processing, and distribution for all consumer use
  • Prohibits most industrial and commercial use
The proposed prohibitions would be implemented in phases, ranging from 90 days to 10 years after the date of publication of the final rule in the Federal Register.
According to the proposed rule, comments will be accepted until July 3, 2023.

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