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NEA newsletter-202210

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

ECHA released the 28th batch of SVHC candidate substance consultation list
On September 2, 2022, the European Chemicals Agency (ECHA) launched a public consultation on 9 potential SVHC candidate substances. The public consultation will end on October 17, 2022, during which all stakeholders can submit comments to ECHA.
The consultation list includes a number of flame retardants including 2,2',6,6'-tetrabromo-4,4'-isopropylidenediphenol (TBBPA, also a substance under review by the RoHS directive), 1,1'-[ethane-1,2-diylbisoxy]bis[2,4,6-tribromobenzene], and etc.; as well as Perfluoroheptanoic acid and its salts, which belongs to perfluoroalkanes (PFAS). These substances may exist in plastics, coatings and other materials, and is high risk in electrical and electronic products.

CP 65 list may add 5 carcinogens substance
On August 23, 2022, OEHHA mentioned that it will review the latest findings of the International Agency for Research on Cancer (IARC) to decide whether the state should consider 5 substances listed as carcinogens under CP 65 -isophorone; N-methyloIacrylamide; 1,2-diphenylhydrazine; diphenylamine; and 1,1,1-trichloroethane.The scientific body deemed the first four compounds are "possibly carcinogenic to humans (group 2B) as there is sufficient evidence for cancer in experimental animals". The fifth compound is "probably carcinogenic to humans (group 2A) on the basis of limited evidence for cancer in humans", alongside with animal testing results.

US EPA proposed to formulate the investigation and reporting requirements for PFOA and PFOS
The EPA announced on 26 August, 2022 that it plans to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. A final listing would impose new reporting obligations for environmental releases of PFOA or PFOS over 0.454kg and let the EPA authority to force "potentially responsible parties" to investigate and clean up contamination or pay to remediate contaminated sites. The designation could also increase legal liability for companies across the supply chain as companies will need to audit their supply chains to know what types of per- and polyfluoroalkyl substances (PFASs) might be in their materials and what potential liabilities they could face.

California will require product manufacturers to submit PFAS data
Recently, the California State Assembly has passed the bill AB-2247 ‘Perfluoroalkyl and polyfluoroalkyl substances (PFAS) and PFAS products and product components: publicly accessible data collection interface’, and is presented to the Governor to sign. The bill will require by January 1, 2026, a publicly accessible data collection interface shall be established, and on or before July 1, 2026, and on or before July 1 of each year thereafter, a manufacturer of PFAS or a product or product component containing intentionally added PFAS shall register relevant information on the publicly accessible data collection interface, such as product or product component containing intentionally added PFAS, the specific name and the amount or weight of the contained PFAS. If the bill is signed by the Governor of California, it would compel manufacturers to annually submit details to a public database about PFAS-containing products or components sold in or imported into California, and thus relevant enterprises shall pay attention to the latest updates of this bill.

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