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2022-04-21

NEA newsletter-202204

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

U.S. Regulates PFAS in Consumer Products
Since the beginning of 2022, several bills at the state level (California, Hawaii, Iowa, Maryland, Minnesota, etc.) have been published to restrict/prohibit PFAS in a variety of products. These include, but not limited to, surface treatments, sprays, wet wipes, cookware, food packaging, furnishings, textile articles and upholstered furniture.
Per- and polyfluoroalkyl substances (PFAS) is a diverse family of synthetic chemicals that are chemically inert and resistant to high temperatures. The chemical family includes members such as perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). It is water-, oil- and dust- resistant, which can be used in the manufacture of a wide variety of everyday consumer goods, including apparel, carpets, cosmetics, firefighting foam, food contact articles, non-stick cookware, and upholstered furniture.
However, PFAS cannot be decomposed by photodegradation, thermal degradation, biodegradation, or other chemical means, nor can it be metabolized in the living body. Therefore, it has strong persistence and bioaccumulation, and will cause serious harm to the human body and the environment.

California adds PFOA to its Prop 65 list of known carcinogens
Effective Feb 25, 2022, for purposes of Proposition 65, the Office of Environmental Health Hazard Assessment (OEHHA) is adding perfluorooctanoic acid (PFOA) (CAS RN 335-67-1) to the list of chemicals known to the State of California to cause cancer.
The listing of PFOA is based on its formal identification by the National Toxicology Program (NTP), an authoritative body for purposes of Proposition 65, that the chemical causes cancer.
Because of its excellent water and oil repellent properties, PFOA is often used in the manufacture of products such as fire-fighting foam, outdoor clothing, and non-stick pans. In the electrical and electronic industry, PFOA is also widely used in materials and components such as semiconductors, wires and cables, and printed circuit boards. However, many countries have formulated regulations to restrict the use of PFOA for its high carcinogenicity and teratogenicity.

US EPA Further Extends Compliance Date for PIP (3:1)
On Mar 2022, EPA issued a final rule to extend the implementation date of Phenol, isopropylated phosphate (3:1)  (PIP (3:1)) control to Oct 31, 2024. 
In January 2021, EPA issued a final rule under TSCA to reduce the risk of U.S. citizens' exposure to five persistent, bioaccumulative, and toxic (PBT) chemicals, including PIP (3:1). The compliance date of PIP (3:1) was Mar 8, 2021 for general articles, and the date was postponed twice to Mar 8, 2022. The reason for further extension is that EPA has not confirmed the extent of harm of PIP (3:1) to the environment, and is yet to find an acceptable substitute in industrial production. To avoid significant disruption to supply chain to certain articles, EPA extended the implementation date again and continue to seek opinions from relevant stakeholders until Oct 31, 2024.
As an excellent flame retardant and plasticizer, PIP (3:1) is widely used in the manufacture of products such as electronic equipment casing, circuit boards, wires/cables, coatings, textile fibers, carpets, and foams. However, the chemical has strong persistence and bioaccumulation.

Singapore will regulate 5 hazardous chemical substances
Singapore's National Environment Agency (NEA) is proposing to control 5 new chemicals as Hazardous Substance (HS) under the Environmental Protection and Management Act (EPMA) and EPM (Hazardous Substances) Regulations. 
These 5 chemicals (Amitrole, Nonylphenol (NP) and Nonylphenol Ethoxylates (NPE), Iprodione, Dechlorane Plus (DP), and UV-328) are identified by the Stockholm Convention and Rotterdam Convention as persistent organic pollutants (POPs). Importers, manufacturers and distributors of these chemicals or products containing these chemicals will then be required to apply for a HS license or permit for the import, export, sale, storage and use of the chemicals. 
The proposed control of the 5 chemicals under the EPMA and EPM (HS) Regulations is planned to be gazetted by Apr 2022. The licensing of the chemicals will take effect in 2023.

ECHA launches consultation on a potential SVHC 
On Mar 4, 2022, the European Chemical Agency (ECHA) launched a public consultation for the additional of N-(hydroxymethyl)acrylamide to Substance of Very High Concern (SVHC) list. Primary uses of this substance include monomers for polymerization, fluoroalkyl acrylate copolymers, reaction intermediates, and paints and coatings. The public consultation will end on Apr19, 2022. All stakeholders can submit comments to ECHA before the date.
The REACH ((EC) No 1907/2006) is the EU regulation on the registration, evaluation, authorization, and restriction of chemicals, which came into effect on Jun 1, 2007. It is the most complex chemical regulation issued by the EU on control of chemicals and chemical-containing products. As a major section under REACH regulation, the SVHC list has been updated regularly since REACH came into effect. If the concentration of any SVHC exceeds 0.1%, EU importer is required to fulfil the communication and notification obligations under the regulation.

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