News
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Please note that the format is chronological with new information is added at the top of the file. The file format is to make it easy to use the search feature to find a word that you may be looking for. The files will periodically be archived (still available) to keep the size from becoming cumbersome.
July 7, 2008
REACH Draft SVHC List
The first of many Substance of Very High Concern (SVHC) listings was made available for public comment on June 30. The list of 16 substances can be found on the ECHA web site, http://echa.europa.eu/home_en.asp, and provides chemical identification numbers which are helpful to avoid missing a substance because you have been using a synonym. You should note that the list contains three phthalates. Keep in mind that some of the listed substances are used to make other substances – the substances that are used to make your product. In the mean time anticipate your safe use information obligations which will start in October.
The June 30, 2008 list of SVHCs is: Anthracene , 4,4'- Diaminodiphenylmethane , Dibutyl phthalate, Cyclododecane , Cobalt dichloride , Diarsenic pentaoxide, Diarsenic trioxide, Sodium dichromate, dihydrate , 5-tert-butyl-2,4,6-trinitro-m-xylene (musk xylene), Bis (2-ethyl(hexyl)phthalate) (DEHP), Hexabromocyclododecane (HBCDD), Alkanes, C10-13, chloro (Short Chain Chlorinated Paraffins), Bis(tributyltin)oxide, Lead hydrogen arsenate, Triethyl arsenate, Benzyl butyl phthalate
June 9, 2008
REACH Defense Exemption
Do you supply defense related products to the United Kingdom’s Ministry of Defense (UK MoD)? In what may be the first national defense exemption under REACH, some very specific requirements must be met by you and other contractors selling equipment to the MoD. Should an exemption be required, the application is due August 31, 2008. The exemption will create a mirror system which preserves confidential and sensitive defense use information. The exemption will be good for two years but is renewable. So if you were waiting for a carte blanche defense exemption reprieve from REACH, you have a lot of work to do in a short time.
Are you only a small supplier in the UK defense business? MoD will be working with a 5 kilogram weight threshold, not 1 tonne. Substances in articles may be important to the MoD. The MoD has to aggregate the weights of all the substances it gets from its supply chain. While there is little guidance as to what other EU national defense agencies are thinking, the UK has been the leader in dealing with the implications of REACH. Other EU countries are not planning on invoking a defense exemption.
RoHS Revisions
Lets assume that most of the proposed 46 substances proposed for addition to the RoHS Directive (Restriction of Hazardous Substances) do not make the final draft. But, what is your plan if TBBPA, PVC, Phthalates and halogenated fire retardants are on the final list? See previous News Notes for discussion on the RoHS revisions and the proposed additional restricted substances.
June 6, 2008
REACH Is In Play
June 1st has passed and registration or pre-registration is require for chemicals in the EU. For most companies, as long as your uses of chemicals are being covered by your chemical producer, your main concern is providing safe use information for Substances of Very High Concern (SVHC) in your products. The European Chemical Agency (ECHA) will announce the first 14 SVHCs next month and formally publish them in October. Fourteen substances are a lot more easily managed by business and the Authorities, but it also means that businesses will constantly have to monitor the issuance of new SVHCs. Assuming the original estimated number of 1,500 is good it could mean ten new SVHCs each month for the next decade. The June 1, 2009 list publication from pre-registration submissions will be informative.
REACH (Registration, Evaluation and Authorization of Chemicals) activity is not limited to the EU. The Department of Defense is finally realizing the significance of indirect impacts from REACH for defense related manufacturing. The United Kingdom Ministry of Defense has issued regulations for a secure defense track for critical chemical registrations. Norway’s version of the REACH went in to effect in May, ahead of the European Union (EU). China REACH is in the active planning stage. A United States REACH like bill was filed in May at the Federal level. At the state level, California and Massachusetts have REACH type legislation in various stages.
RoHS and WEEE Revisions
Decca brominated fire retardant joins the RoHS (Restriction of Hazardous Substances) substance list on July 1st. Review your RoHS documentation and contractual obligations to know where you stand. This is a fluid time especially with the proposal to add 46 substance restrictions in the revision of RoHS and the potential impact of REACH implementation.
Stay posted – the draft WEEE (Waste Electronics and Electrical Equipment) and RoHS Directives are expected soon. The good news is the business community realizes this is a high stakes game and is paying careful attention. The bad news for those who hope there will be no change is the next three EU presidents are firmly committed to WEEE and RoHS as integral parts of sustainable resource management.
Climate Change, Energy Efficiency and Carbon Credits
While no US climate related legislation will occur this year after the demise of the Lieberman Warner Climate Security Act, expect very significant action next year. A new administration, world pressure, internationally accepted protocols for Greenhouse Gas (GHG) Reporting and the crushing cost of energy will drive many sustainability programs. Energy efficiency will become a product requirement and essential for competitive success.
May 5, 2008
Green Buildings
The US Green Building Council has opened a window for public comment on the LEED scoring process. Go to http://www.usgbc.org/News/PressReleaseDetails.aspx?ID=3701
for more information.
REACH update
Guidance for Articles has been issued by the Commission which is important for dealing with chemicals in articles sold in the European Union (EU). There have been changes from the first draft, RIP 3.8. REACH (Registration, Evaluation, and Authorization of Chemicals) is different from most chemical approval regulations because it has very specific requirements for chemicals used in articles.
June 1st is the official start of the new European Chemical Agency, just in time for registration submissions for new chemicals. Most companies have not been concerned about REACH but must be prepared for REACH Material Declarations which will be a customer purchasing requirement. A second concern is that some chemicals will be withdrawn from the market. Companies will have to deal with parts obsolescence or parts requalification.
RoHS and WEEE Revisions
Drafts of the revised Directives are expected this summer. Both draft Directive will be very controversial. The Restriction of Hazardous Substances (RoHS) Directive already has to deal with the nullified DecaBDE exemption, expiration of many exemptions and addition of some of the proposed 46 restricted substances. WEEE will likely include many more products.
It is still unclear how RoHS and REACH will play together. The threshold in RoHS is based on homogeneous materials which makes it far more restrictive than REACH.
REACH Coming to the US?
The Massachusetts Safer Alternatives Act has passed the Senate and awaits House action. The Kids Safe Chemicals Act has been filed at the Federal level. Some key points about the Kids Safe Chemicals Act:
- The burden of proof for safety is put on industry
- It provides right to know, where and how the chemicals is used,
- Tighter restrictions on use of confidentiality claims
- Requirement to use safer alternatives
- Green chemistry
CO2 and GHD
CO2 (carbon dioxide) is becoming an important business issue as EPA deals with CO2 as a pollutant and CO2 reporting will be a future requirement. The EU Greenhouse Gas (GHG) Cap and trading scheme could be the largest in the world. The Bay Area Air Quality Management District (BAAQMD) just voted 4.4 cents per ton of CO2 fee. The carbon fee will be a learning experience as California figures out how to regulate CO2. The fee begins July 1, and will generate about $1.1 million annually and impact all Bay Area business.
CO2 and GHG reporting will be a significant issues for all business in the US and around the world. Even when not driven by regulation, companies like IBM, for example, have new tools they require for monitoring and analyzing supply chain emissions. The toll is designed to go above and beyond simply calculating carbon emissions. The IBM Carbon Tradeoff Modeler allows companies to tweak their operations and see how changes to packaging, transportation and inventory policies can affect their CO2 emissions.
May 5, 2008
REACH Deadline Rapidly Approaching
Companies who sell products in the EU need to know the impact that REACH will have on their products and sales in the EU as June 1 and December 1, 2008 approach. REACH (Registration, Evaluation and Authorization of Chemicals) is a European chemical production and use regulation that will have far reaching impacts during the next few years on all businesses making and sell products around the world. The immediate impact will be on new chemicals used to make or found in products sold in Europe on and after June 1, 2008. If defense sales are part of your business, you will be interested in the Rowland Technology Report on the “Potential Impact of European REACH Regulations on DoD and Military Equipment Manufacturers and Suppliers.” In short, Defense Manufacturers and Suppliers will be impacted along with every other business that places products on the EU market. These impacts start as early as June 1st for new chemicals. December1st is the next regulatory window and is very important for about 27,000 existing chemicals. If the existing chemicals are pre-registered by December 1st, then continued use is allowed for the next three to ten years before registration is required. One important consideration for businesses that supply chemicals or mixtures is providing Safety Data Sheets and to keeping the sheets up to date for items like paints, coatings, sealants and lubricants. New obligations for Substances of Very High Concern in products won’t start until the candidate list is published in June of 2009, assuming there is no release of chemicals from your product.
Defense Impact from REACH
The Rowland report was done for SERDP/ESTCP and is important because many businesses mistakenly think they are exempt from REACH. The Strategic Environmental Research and Development Program (SERDP) is the Department of Defense's (DoD) environmental science and technology program, planned and executed in full partnership with the Department of Energy and the Environmental Protection Agency. The Environmental Security Technology Certification Program (ESTCP) is a related Department of Defense (DoD) program that promotes innovative, cost-effective environmental technologies. Here are a few summary findings from the report:
A number of chemicals of significant concern, better know as Substances of Very High Concern (SVHC), will be restricted in how they can be used until these SVHCS are replaced by substitute chemicals.
SVHCs will include commonly used electronics chemicals such as lead compounds, cadmium, hexavalent chrome, beryllium and nickel to name a few of the possible 3,000 chemicals which also include toxic chemicals recently reported in the news media.
Replacement chemicals will add cost and complexity.
Business confidential information will be at risk.
With a robust REACH program you will also be able take the RoSH (Restriction of Hazardous Substances) Revisions in stride and watch your competition falter.
HGC News Note January 2008
It is only January 3 of 2008 and here are a few important new pieces of information for you or your business.
Lithium batteries in luggage Loose, non-rechargeable lithium batteries may not be transported in checked baggage after January 1, 2008. The batteries when installed in electronic devices, may be checked in luggage. Two spare non-rechargeable lithium batteries may be brought on board in carry on luggage if packed properly in plastic bags, original packaging or the leads are taped. See this url more information http://www.dot.gov/
Underground Storage Tank programs Effective January 1, 2008, states fall into three categories relative to the legality of delivering materials to underground storage tanks. The implications are for both the owner of the UST and the party making delivery. Both are now responsible to assure compliance when a delivery is made. Oil and transportation fuels are common examples of these deliveries but they are not the only regulated materials. Home deliveries of heating oil are not included.
The three categories are Green Tag, Red Tag and other state program. See http://www.epa.gov/ to see the status of your state’s program. Massachusetts has a Red Tag program which indicates the tank can not receive deliveries. Green Tag programs indicate that the tank can receive deliveries and other programs are state specific.
EU Adopts Energy Star The EU Council adopts a new regulation implementing the EU-US Energy Star program. This change occurred in December and is significant because it requires EU institutions and central Member State government authorities to use energy efficiency criteria no less demanding than those defined in the Energy Star program when purchasing office equipment.
The usual thresholds for public supply contracts apply. This is the first time that the Council and the European Parliament agree on making certain energy efficiency criteria mandatory for public procurement. See http://www.eu-energystar.org/ for more information. This EU notice coincides with a Federal Register notice last week by the Office of Federal Procurement Policy on the Acquisition of Green Products and Services.
Earlier 2008 News
Earlier 2007 News
2006 News
2005 News
* News Bytes are to create awareness and are deliberately brief. For this reason, they are not to be used for regulatory interpretation as they are written.