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2022-07-19

NEA newsletter-202207

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

The European Commission expects restriction of MCCPs and TBBP-A under the RoHS Directive in the fourth quarter of 2022
On May 20, 2022, the European Commission has launched an initiative on the review of the EU Directive on the restriction of hazardous substances (RoHS) in electrical and electronic equipment. This initiative proposes adding tetrabromobisphenol A (TBBPA) and medium-chain chlorinated paraffins (MCCPs) to the list of restricted substances. The Commission expects to adopt the proposal in the fourth quarter of 2022. The restriction requirements will be subject to the final decision of the European Commission. Early in March 2021, the EU RoHS consultation agency announced the final assessment result of Pack 15 project, which recommended MCCPs and TBBPA for restriction under the RoHS Directive with the recommended regulated limit of 0.1% (mass fraction).

Canada Consults Over Proposed Prohibition of Certain Toxic Substances Regulations
On May 14, 2022, Canada published the 2022 version of the Prohibition of Certain Toxic Substances Regulations (Proposed Law) to repeal and replace the 2012 version of Certain Toxic Substances Regulations. The purpose of this law is to prevent potential risks to the Canadian environment and the health of its citizens by prohibiting the manufacture, use, sale, offering, and importation of toxic substances or products containing these substances. The proposal contains several important provisions: 1. Expanded restriction scope to include Declone (DP), Decabromodiphenylethane (DBDPE) and products containing these substances; 2. Expanded manufacturing of five substances and products containing these substances: perfluorooctane sulfonate, its salts and its precursors (PFOS), perfluorooctanoic acid, its salts and its precursors (PFOA), hexabromocyclododecane (HBCD), polybrominated diphenyl ethers (PBDEs) and long-chain perfluorocarboxylic acids, their salts and their precursors (LC-PFCAs). The new law would enter into force six months after publication in the Canada Gazette, Part II.

California temporarily pauses overhaul to Prop 65 'short form' warnings
On May 20, 2022, California's controversial proposal to overhaul 'short form' warnings under Prop 65 is temporarily on hold, after the Office of Environmental Health Hazard Assessment (OEHHA) failed to complete the rulemaking process within the allotted time. Originally floated in January 2021, the proposal aims to revise the requirements for providing "clear and reasonable warning", including by requiring companies using the short-form labels to name at least one listed chemical for which they are providing warning. Facing strong pushback from industry, OEHHA twice revised the proposal afterwards. In a notice issued on 20 May, the agency said they were "unable to complete the regulatory process within the allotted time", and it has allowed the rulemaking to lapse. OEHHA intends to restart the rulemaking process in the next several weeks. This will involve issuing a new regulatory proposal informed by comments on the previous proposal.

Norway finds illegal levels of PFOA, heavy metals in kitchen equipment
On May 30, 2022, the Norwegian Environment Agency has released its findings for the random check on 47 products including kitchen equipment, car- and boat-care products. The agency tested the products for a number of substances, including heavy metals (lead, cadmium, chromium and mercury), polycyclic aromatic hydrocarbons (PAHs), phthalates, short-chain chlorinated paraffins (SCCPs) and perfluorooctanoic acid (PFOA). Results showed that a paper-based muffin tin contained over-limit PFOA and five electronic products contained levels of lead and cadmium above the permitted limits. Besides, two of the electronic products also lacked CE certification, which is an indication of the product's safety and its compliance with the Directive on the restriction of hazardous substances (RoHS). These six products have been withdrawn from the market.

France Specifies Mineral Oil Requirements under Anti-Waste Circular Economy Law
On May 3, 2022, France issued the decree of April 13, 2022 (Arrêté du 13 avril 2022), which clarifies the specific substances and limits for the use of mineral oils on packaging and in printing for the public. The decree will take effect on January 1, 2023. Mineral oil aromatic hydrocarbons (MOAH) containing 1 to 7 aromatic rings shall not exceed 1% in the ink from January 1, 2023, and this limit will be reduced to 0.1% from January 1, 2025. Mineral oil aromatic hydrocarbons (MOAH) containing 3 to 7 aromatic rings shall not exceed 0.0001% from 1 January 2025. For mineral oil saturated hydrocarbons (MOSH) containing 16 to 35 carbon atoms, the content in the ink shall not exceed 0.1% from January 1, 2025.

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