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2024-07-11

NEA newsletter-202407

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

The European Commission has updated Article 39 of Appendix III (Exemptions) of the RoHS Directive
On May 21, 2024, the European Union published RoHS Amendment Directive (EU) 2024/1416, which amends the cadmium exemption for display lamp applications in Appendix III of the RoHS Directive. The revision is as follows:

  • Entry 39(a) is replaced by: Cadmium selenide in downshifting cadmium-based semiconductor nanocrystal quantum dots for use in display lighting applications (< 0.2 μg Cd per mm2 of display screen area). All categories of exemptions will expire on 11/21/2025.
  • Entry 39(b) is inserted: Cadmium in down-shifting semiconductor nanocrystal quantum dots directly deposited on LED semi-conductor chips for use in display and projection applications (< 5 μg Cd per mm2 of LED chip surface) with a maximum amount per device of 1 mg. All categories of exemptions will expire on 12/31/2027.
     
ECHA releases review the report on 1,2-dichloroethane
On May 29, 2024, ECHA published a review of 1,2-dichloroethane, which states that ECHA is evaluating whether a new restriction on the use of 1,2-dichloroethane in articles should be added to Appendix XVII. 
The use of 1,2-dichloroethane in the fumigation of freight containers results in the presence of temporary residues in the articles, which may pose a risk to human health that may not be adequately controlled, and which ECHA believes can be addressed by other regulatory actions, such as the Biocides Regulation (EU) No 528/2012, the Toys Safety Directive (2009/48/EC), the Occupational Safety and Health Council (OSHC) and the European Commission (EC), the Occupational Safety and Health Directive (89/391/EEC) and the Chemical Agents Directive (98/24/EC). Therefore, ECHA does not believe that 1,2-dichloroethane needs to be listed in Appendix XVII at this time.

European Commission adopts cyclosiloxanes restriction
On May 16, 2024, the European Union published REACH Regulation (EU) 2024/1328, amending the limit value requirements for siloxanes in Article 70 of REACH Appendix XVII. The limits for siloxanes were previously only for octamethylcyclotetrasiloxane (D4) and decame-thylcyclopentasiloxane (D5) in water-washable cosmetics. Now there are new limits for D4, D5, and dodecamethylcyclohexasiloxane (D6) in substances and mixtures. Siloxane shall not be placed on the market as a substance on its own or as a constituent of other substances or in mixtures at concentrations ≥ 0.1% by weight, limit values effective June 6, 2026.

Swedish Market Inspection
The Swedish Chemicals Agency has issued a report on the 2023 enforcement project for yoga mats and yoga/gym balls. It has analyzed 40 articles from 23 companies and checked 7 substances: Phthalates, SCCP and MCCP, PAHs, Azodicarbonamide, DMF, Formamide and Silver. Besides silver, all other are regulated under REACH and POPs. 
DIBP, SCCP and MCCP were detected in most inspected plastic and found the excessive level. 7 of the articles analyzed (17.5%) contained restricted substances in concentrations above limit values, and all cases concern plasticisers in soft/foamed PVC plastic. The most common substance was the phthalate DIBP (0.2%-32%). There were also 7 products (17.5%) that contained MCCPs (0.3-26%)

EPA Proposes Requirements to Protect Workers and Consumers from Exposure to Toxic Solvent N-Methylpyrrolidone
On June 5, the U.S. EPA announced a proposed rule under TSCA that would protect workers and consumers from exposure to the sol-vent n-methylpyrrolidone (NMP).
To protect consumers from exposure to NMP in glues and adhesives, EPA is proposing a NMP concentration limit of no greater than 45%. EPA is also proposing a NMP Workplace Chemical Protection Program (WCPP) to protect workers from exposure to NMP for nearly all industrial and commercial uses.
EPA is proposing to ban the commercial use of NMP in automotive care products, cleaning and degreasing products, metal products and cleaning and furniture care products. EPA is also proposing to ban the use of NMP in antifreeze, de-icing products and lubricants. It is opened 45 days for comments.

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