Chemicals | Monthly bulletin | October 2019
Recent Updates Regarding REACH
Below table includes a summary of the main recent updates (non-exhaustive) regarding REACH Regulation (EC) No 1907/2006:
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Summary of main recent updates |
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Date |
Subject |
Link |
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28-08-2019 |
New substance evaluation conclusions published:
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Community rolling action plan here |
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03-09-2019 |
Public Consultation of the 22nd update of Candidate List:
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Substances of Very High Concern identification here |
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09-09-2019 |
The new SCIP database will contain information on SVHC substances in articles. Implementation schedule:
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Click here for ECHA news |
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09-09-2019 |
Notification to World Trade Organization:
Draft Commission Regulation amending Annex II to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
This draft Regulation relates to an update of Annex II to Regulation (EC) No 1907/2006 (REACH) on requirements for safety data sheets (SDS):
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12-09-2019 |
Updated ECHA’s chemicals database with more information on properties of concern and nanoform substances |
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16-09-2019 |
Notification to World Trade Organization:
Draft Commission Regulation amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards diisocyanates
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18-09-2019 |
SEAC adopted its final opinion on the proposal for restricting eight polycyclic aromatic hydrocarbons (PAHs) found in granules and mulches used, for example, in synthetic turf pitches and playgrounds
The restriction proposal lowers the total concentration limit of eight PAHs to 20 mg/kg (0.002 % by weight)
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Click here for ECHA news |
Below table includes a summary of the main recent updates (non-exhaustive) regarding CLP Regulation (EC) No 1272/2008:
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Summary of main recent updates |
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Date |
Subject |
Link |
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28-08-2019 |
Harmonised classification and labelling proposals for:
The deadline is 25th October 2019
The deadline is 22nd November 2019 |
Harmonised classification and labelling public consultations here |
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28-08-2019 |
New Intentions to harmonise classification and labelling:
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Registry of CLH intentions until outcome here |
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14-09-2019 |
The European Commission will proceed with the classification of titanium dioxide as a carcinogen
This substance placed on the market in inhalable powder form will have to be labelled as carcinogenic, with a pictogram and hazard statements to be included on the label of the packaging |
Registry of CLH intentions until outcome here |
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23-09-2019 |
The European Commission is working to adopt an act which postpones the compliance date to submit information on hazardous chemical mixtures for consumer use to European poison centres from 1st January 2020 to 1st January 2021 |
Poison centre news here |
Proposal for the restriction of skin sensitizing substances in textile, leather, fur and hide
As already announced in our Eurofins News Flash June 2019 edition, on 24th April 2019, ECHA (European Chemicals Agency) published a restriction proposal for skin sensitisers in textiles and leather articles.
The European Commission published the following notifications to World Trade Organization about RoHS Directive 2011/65/EU (non-exhaustive):
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Notification number / Link |
Country |
Title |
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Europe |
Draft Commission Delegated Directive amending, for the purposes of adapting to scientific and technical progress, Annex IV to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for lead as a thermal stabiliser in polyvinyl chloride used in certain in-vitro diagnostic medical devices for the analysis of blood and other body fluids and body gases |
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Europe |
Draft Commission Delegated Directive amending, for the purposes of adapting to scientific and technical progress, Annex III to Directive 2011/65/EU of the European Parliament and of the Council as regards an exemption for the use of cadmium and lead in plastic profiles in electrical and electronic windows and doors containing recovered polyvinyl chloride |
Final version of Second national Strategy report on endocrine disrupting chemicals
On 3rd September 2019, France published the second national strategy on endocrine disrupting chemicals (EDCs) which explains the plan from 2019 to 2022.
Click here for getting the second national strategy in French.
Update of AfPS PAH Guide
Recently, the German Institute for Occupational Safety and Health (BAuA) published the new Updated AfPS Guide (AfPS GS 2019:01 PAK) for testing and evaluation of PAHs (Polycyclic Aromatic hydrocarbons) under GS Mark.
The main changes compared to the current still valid AfPS GS 2014:01PAK, are the following:
- The scope of categories 1, 2a and 3a has been extended to "use by children".
- The list of PAHs has been shortened from 18 to 15 PAHs. Acenaphthylene (CAS No. 208-96-8). Acenaphthene (CAS No. 83-32-9), and fluorene (CAS No. 86-73-7) have been removed from the substance list.
- The term "Gefährdungsbeurteilung (risk / hazard assessment)" has been replaced by the term" Risikobeurteilung (risk assessment)".
When the GS mark is awarded, this new version must be applied from 1 July 2020 (including current procedures completed after 1 July 2020).
Existing GS mark certificates remain valid.
Preparations for BREXIT
The next 1st November 2019 will be the withdrawal date in which UK will leave the European Union.
On 4th September 2019, the European Commission published the report COM/2019/394 final:
COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL, THE COUNCIL, THE EUROPEAN CENTRAL BANK, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE, THE COMMITTEE OF THE REGIONS AND THE EUROPEAN INVESTMENT BANK.
Finalising preparations for the withdrawal of the United Kingdom from the European Union on 1 November 2019.
This report indicates the current situation of chemical substances. Only 52% of concerned REACH registrants had transferred their registrations to the EU by mid-August 2019.
The European Chemicals Agency advices that the chemical products have to follow verified with their suppliers in regulatory compliance by 31st October 2019. The ‘Brexit window’ in REACH-IT will remain open until 31st October 2019.
According to this report:
“The European Chemicals Agency opened a ‘Brexit window’ in REACH-IT allowing registrants to take the necessary steps to transfer their REACH registration ahead of the withdrawal date. The Brexit window will remain open until 31 October 2019. As regards REACH authorisations, UK authorisation holders, UK applicants for authorisation and UK downstream users that supply substances or mixtures in the EU27 as part of existing supply chains are urged to take the necessary steps to ensure regulatory compliance for their EU27 downstream users. In turn, EU27 downstream users of UK registrants, UK authorisation holders, UK applicants for authorisations and UK downstream users are advised to verify with their suppliers that the relevant products will be in regulatory compliance by 31 October 2019 and take measures of their own as appropriate, making use of available guidance . Regulatory compliance is critical to continue placing chemicals on the EU market from the withdrawal date”.
Click here for getting the Brexit: Chemicals industry guidance from UK Health and Safety executive website.
Amendment for formaldehyde standards
On 21st August 2019, the Environmental Protection Agency (EPA) published the final rule of Technical Issues; Formaldehyde Emission Standards for Composite Wood Products.
Its aim is to amend the formaldehyde standards and align the final rule requirements with the California Air Resources Board (CARB) Airborne Toxic Control Measures (ATCM) Phase II program.
It was effective on August 21, 2019.
Click here for getting the official publication in Federal Register.
US Company Penalised $500k for Formaldehyde Rule Violation
Recently the US EPA has taken its first enforcement action for violations of TSCA formaldehyde standards for composite wood products.
Formaldehyde is found in resins used in the manufacture of composite wood products such as hardwood plywood, particleboard and medium-density fiberboard which may cause irritation of the skin, eyes, nose, and throat and even cause cancers if high level exposed.
The settlement fined New Jersey company with $544,064 due to importing noncompliant composite wood cabinets. The company has agreed to take corrective actions to comply with the formaldehyde regulations.
New EPA proposals for low-priority substances
On 13th August 2019, the U.S. Environmental Protection Agency (EPA) proposed to designate the following 20 chemical substances as Low-Priority Substances under the Toxic Substances Control Act (TSCA):
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Chemical Name |
CAS |
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1-Butanol, 3-methoxy-, 1-acetate |
4435-53-4 |
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D-gluco-Heptonic acid, sodium salt (1:1), (2.xi.)- |
31138-65-5 |
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D-Gluconic acid |
526-95-4 |
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D-Gluconic acid, calcium salt (2:1) |
299-28-5 |
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D-Gluconic acid, .delta.-lactone |
90-80-2 |
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D-Gluconic acid, potassium salt (1:1) |
299-27-4 |
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D-Gluconic acid, sodium salt (1:1) |
527-07-1 |
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Decanedioic acid, 1,10-dibutyl ester |
109-43-3 |
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1-Docosanol |
661-19-8 |
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1-Eicosanol |
629-96-9 |
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1,2-Hexanediol |
6920-22-5 |
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1-Octadecanol |
112-92-5 |
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Propanol, [2-(2-butoxymethylethoxy)methylethoxy]- |
55934-93-5 |
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Propanedioic acid, 1,3-diethyl ester |
105-53-3 |
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Propanedioic acid, 1,3-dimethyl ester |
108-59-8 |
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Propanol, 1(or 2)-(2-methoxymethylethoxy)-, acetate |
88917-22-0 |
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Propanol, [(1-methyl-1,2-ethanediyl)bis(oxy)]bis- |
24800-44-0 |
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2-Propanol, 1,1'-oxybis- |
110-98-5 |
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Propanol, oxybis- |
25265-71-8 |
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Tetracosane, 2,6,10,15,19,23-hexamethyl- |
111-01-3 |
Click here for more information from EPA website.
Below a summary table with some recent ASTM standards updates:
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Reference |
Title |
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Standard Practice for Testing and Sampling of Volatile Organic Compounds (Including Carbonyl Compounds) Emitted from Architectural Coatings Using Small-Scale Environmental Chambers |
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Standard Guide for Statistical Evaluation of Indoor Air Quality Models |
New requirements for thermal paper
On 26th August 2019, the HB 2076 bill (Act 101-0457) was signed with the aim to regulate bisphenol A (BPA) in thermal paper.
This bill prohibits BPA in paper for marking business or banking records. It considers "thermal paper" as paper with Bisphenol A added to the coating. It will take effect on 1st January 2020.
Note: Thermal paper containing recycled materials or manufactured before January 1, 2020, is exempt.
Flame retardants ban in furniture and carpeting
On 3rd September 2019, New Hampshire Governor signed Bill SB193 into law which bans sale or import of upholstered furniture containing more than 0.1% of flame retardants or their mixtures.
Cancellation of the New York Cleaning Products Ingredient Disclosure Program
On 27th August 2019, The State of New York Supreme Court published a decision which invalidates the "Household Cleansing Product information Disclosure Program" issued by respondent New York State Department of Environmental Conservation due to not following appropriate administrative procedures.
The disclosure programme is null and void. In order to reissue it, the New York State Department of Environmental Conservation (NYSDEC) will either need to appeal the decision in court or proceed through the traditional rulemaking process, in accordance with the State Administrative Procedures Act (SAPA).
Click here to read the document.
Substitute Senate Bill 5135
The Departments of Ecology and Health has opened the working group “Safer Products for Washington” to implement Chapter 70.365 RCW (Revised Code of Washington) and the substitute Senate Bill 5135. It is an act relating to preventing toxic pollution that affects public health or the environment.
The first set of priority chemical classes that were identified in the law are:
- Perfluoroalkyl and polyfluoroalkyl substances
- Phthalates
- Organohalogen flame retardants and flame retardants identified in RCW 70.240.010
- Phenolic compounds
- Polychlorinated biphenyls
This project is divided into four phases:
2019: Identify Priority Chemicals
2020: Identify Priority Products
2022: Determine regulatory actions
2023: Rulemaking
Proposes to amend toxics limits in recycled glass packaging
Recently, a bill SB 232 was enrolled and presented to the California’s Governor which temporarily increases allowable total heavy metal limits in recycled glass packaging.
The Toxics in Packaging Prevention Act prohibits a person from offering for sale in this state a package exceeding 100 ppm of total concentration levels of lead, cadmium, mercury, or hexavalent chromium.
However this bill, if signed into law, would increase to 200 ppm the allowable levels of total heavy metals in recycled glass packaging.
The exemption would be repealed on January 1, 2024.
Please click here for more information.
Regulatory proposals notified to WTO
Below a summary table with some recent notifications to World Trade Organization (non-exhaustive):
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Notification number / Link |
Country |
Title |
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US |
Significant New Use Rules on Certain Chemical Substances (19-4.B)
EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 17 chemical substances which are the subject of premanufacture notices (PMNs) |
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US |
Significant New Use Rules on Certain Chemical Substances (19-5.B)
EPA is proposing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 6 chemical substances which are the subject of premanufacture notices (PMNs) |
