GHY Tradelines

(ST&R Trade Report)

The Environmental Protection Agency has issued a proposed rule that would require persons who intend to import, manufacture or process specified chemical substances for an activity designated as a significant new use to notify EPA at least 90 days prior. Entities potentially affected by this rule include those who plan to use the listed substances in conjunction with apparel and other finished products made from fabrics, leather and similar materials, those that plan to use the listed substances in conjunction with paper and allied products, and importers, manufacturers or processors of the listed substances in printing inks. Comments on this proposal are due no later than June 26.

This rule would add (a) nine benzidine-based chemical substances to the significant new use rule on benzidine-based chemical substances, (b) a SNUR for di-n-pentyl phthalate (DnPP) (1,2-benzenedicarboxylic acid, 1,2-dipentyl ester) and (c) a SNUR for alkanes, C12-13, chloro. In the case of the benzidine-based chemical substances, EPA is also proposing to make inapplicable the reporting exemption relating to persons that import or process substances as part of an article.

This rule may also affect certain entities through pre-existing import certification and export notification rules under the Toxic Substances Control Act. Persons who import any chemical substance governed by a final SNUR are subject to the TSCA section 13 (15 USC 2612) import certification requirements and the corresponding regulations at 19 CFR 12.118 through 12.127. Those persons must certify that the shipment of the chemical substance complies with all applicable rules and orders under TSCA, including any SNUR requirements. In addition, any persons who export or intend to export a chemical substance that is the subject of a proposed or final SNUR are subject to the export notification provisions of TSCA section 12(b) (15 USC 2611(b)) and must comply with the export notification requirements in 40 CFR part 707, subpart D.
 

(ST&R Trade Report)

The Environmental Protection Agency has proposed that companies be required to report all new uses, including in domestic or imported products, of five groups of potentially harmful chemicals: polybrominated diphenylethers (PBDEs), benzidine dyes, a short chain chlorinated paraffin, hexabromocyclododecane (HBCD) and phthalate di-n-pentyl phthalate (DnPP). These chemicals have been used in a range of consumer products and industrial applications, including paints, printing inks, pigments and dyes in textiles, flame retardants in flexible foams, and plasticizers. An EPA official noted that although a number of these chemicals are no longer manufactured or used in the U.S. they can still be imported in consumer goods or for use in products.

According to an EPA press release, the proposed significant new use rules under the Toxic Substances Control Act would require anyone who intends to manufacture, import or process any of these chemicals for an activity that is designated as a significant new use to submit a notification to EPA at least 90 days before beginning the activity. This notification means that EPA can evaluate the intended new use and take action to prohibit or limit that activity if warranted.

In addition, EPA plans to issue a proposed test rule that would require manufacturers or processors to conduct testing on the health and environmental effects of PBDEs.
 

(EHS Today – Sandy Smith)

Secretary of Labor Hilda L. Solis and Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels held a teleconference March 20 to announce the final rule for the long-awaited update to OSHA’s Hazard Communication standard that aligns it with the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS).

Noting that the Hazard Communication standard, published in 1983, was referred to as “the right to know,” Solis announced that the revised Hazard Communication standard is “the right to understand.”

Haz Comm 2012, as it is known at the agency, communicates information about chemical hazards in the workplace “more simply, clearly and effectively,” said Solis. It “empowers [workers] with the best information about the chemicals they handle in the workplace,” she added. Read more here.
 

(Chemical Watch)

The U.S. Office of Management and Budget (OMB) has concluded its review of the hazard communication standard submitted by the Occupational Health and Safety Administration (OSHA) last October.  The standard will see the start of implementation of the Globally Harmonized System (GHS) of classification and labelling of chemicals in the U.S.

OSHA now has to incorporate comments made by OMB into a final document which will be published in the Federal Register in the coming weeks.

The OMB conclusion can be accessed here and the Rule is available here.
 

(David Erickson and Mark Anstoetter, Shook Hardy & Bacon LLP)

Environment Canada and Health Canada have issued joint proposed regulations that would designate four chemical substances as toxic under the Canadian Environmental Protection Act (CEPA) based on studies finding that they pose threats to the environment and public health. The proposed chemicals are (i) a form of hexanedioic acid known as DEH A, (ii) a form of propanone known as PREPO D, (iii) a form of benzenediamine known as BENP AT, and (iv) Solvent Red 23. The proposed regulations would limit releases of the substances and the general public’s exposure to them, as well as require notification and further assessment of any new manufacture, import or use of a designated substance.

DEH A is used as a plasticizer in the flexible vinyl industry and in some foodpackaging materials, cosmetics and personal care products. PREPO D is used as an antioxidant and plasticizer. BENP AT is used in the manufacture of rubber products such as tires. Solvent Red 23, an organic substance, is used primarily in cosmetics and personal care products and as a colorant in commercial pesticides. The proposed toxic designations are open for public comment through November 9, 2011.
 

pspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’; COLOR: black; FONT-SIZE: 8pt; mso-bidi-font-family: Arial”(World Trade Interactive)?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /o:p/o:p/span/ppspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’; COLOR: black; FONT-SIZE: 10pt; mso-bidi-font-family: Arial”The Environmental Protection Agency has issued significant a href=”http://www.strtrade.com/wti/2010/september/20/epa_snur.pdf” target=”_blank”span style=”color:#0000ff;”new use rules under the Toxic Substances Control Act/span/a for 25 chemical substances that were the subject of premanufacture notices. This action requires persons who intend to import, manufacture or process any of these 25 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. This notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs./spanspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’; COLOR: black; mso-bidi-font-family: Arial”o:p/o:p/span/ppspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’; COLOR: black; FONT-SIZE: 10pt; mso-bidi-font-family: Arial”This rule will become effective as of Nov. 20. Written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs must be received on or before Oct. 30./spanspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’; COLOR: black; mso-bidi-font-family: Arial”o:p/o:p/span/p

pspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’;font-size:8;color:black;” span style=”font-family:verdana;”(Embassy – Luke Eric Peterson)?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /o:p/o:p/span/span/ppemb style=”mso-bidi-font-weight: normal”span style=”FONT-STYLE: normal; FONT-FAMILY: ‘Verdana’, ‘sans-serif’; mso-bidi-: italicfont-family:verdana;font-size:10;color:black;” Victory for Foreign Affairs over Chemtura may scare Dow off/span/b/emb style=”mso-bidi-font-weight: normal”i style=”mso-bidi-font-style: normal”span style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’;font-size:10;color:black;” o:p/o:p/span/i/b/ppspan style=”FONT-FAMILY: ‘Verdana’, ‘sans-serif’;font-size:10;color:black;” span style=”font-family:verdana;”The lawyers at the Department of Foreign Affairs and International Trade are not bragging about it – at least not to date – but they’ve just won an impressive victory in an $80 million-plus NAFTA lawsuit. Earlier this month, a panel of three arbitrators dismissed claims filed by the U.S. chemical company Chemtura under Chapter 11 of the North American Free Trade Agreement.br /br /Chemtura had sought to hold Canada liable for financial losses related to the government’s phase-out of lindane, a hazardous agricultural chemical. However, the company failed to persuade arbitrators that government regulators acted without regard for scientific evidence or due process. In addition to kicking Chemtura’s claim to the curb, arbitrators also ordered the company to reimburse Canada for $3 million in legal costs and expenses.br /br /While the feds will still be out of pocket for time devoted to defending the NAFTA lawsuit, the outcome is about as good as a government could hope for.br /br /In fact, the victory could signal a set-back for another NAFTA claim which has been looming in the shadows. In early 2009, a subsidiary of the Dow Chemical Company set in motion a similar NAFTA Chapter 11 claim. As was first revealed in these pages, Dow wants Canadian taxpayers to compensate them for losses arising out of provincial bans on cosmetic lawn pesticides. Read more /spana href=”http://embassymag.ca/page/view/nafta-08-25-2010″span style=”font-family:verdana;color:#0000ff;”here/span/aspan style=”font-family:verdana;”.o:p/o:p/span/span/p

span style=”font-size:85%;”(CIFFA eBulletin)/spanbr /br /The Workplace Hazardous Materials Information System (WHMIS) is working towards adopting the new Globally Harmonized System of Classification and Labeling of Chemicals (GHS).br /br /The Canadian Centre for Occupational Health and Safety (CCOHS) has created a new guide to introduce Canadians to GHS and to help prepare workplaces for potential changes. The goal of GHS is to have the same set of rules for classifying hazards and the same format and content for labels and safety data sheets (SDS) adopted and used around the world.br /br /WHMIS – “After GHS: Preparing for Change” will help guide organizations through the anticipated changes, assist in the understanding of the new requirements and facilitate a successful transition to “WHMIS After GIS”.br /br /For more information click a href=”http://news.gc.ca/web/article-eng.do?m=/indexamp;nid=538209″ target=”_blank”here/a.

span style=”font-size:85%;”(Mondaq – Heather Demirjian and Margaret A. Hill, Blank Rome LLP)/spanbr /br /Against the backdrop of efforts by Congress to reform the Toxic Substances Control Act of 1976 (“TSCA”), 15 U.S.C. § 2601 et seq., states like California, Washington and Maine have moved forward with the adoption of “Green Chemistry” laws. The laws will have wide-ranging impacts by restricting the presence of hazardous chemicals in consumer products and establishing mandatory priority chemical notification requirements.br /br /These state “Green Chemistry” laws contain provisions that are very similar to the European Union’s chemical regulation governing the “Registration, Evaluation, Authorization and Restriction of Chemical Substances” (“REACH”), which requires the pre-registration of all chemical products and substances that will be sold, used, and distributed in the markets in the European Union. Importantly, these state initiatives are merely the first in a wave of chemical reforms that will forever change chemical regulation at the state, federal and international levels. Read more a href=”http://www.blankrome.com/index.cfm?contentID=37amp;itemID=2215″here/a.

span style=”font-size:85%;”(DC Velocity – Toby Gooley)/spanbr /br /When it comes to cargo security, air and ocean transportation probably are where you’ve focused your efforts. But if you have any involvement with the storage, transportation, and distribution of chemicals, warns the U.S. Department of Homeland Security (DHS), then you need to add those activities to your list of security concerns – right now.br /br /CFATS, the a href=”http://www.dhs.gov/files/programs/gc_1177001576714.shtm” target=”_blank”Chemical Facility Anti-Terrorism Standards/a (6 CFR Part 27) establishes risk-based performance standards for chemical facility security. The final rule was published in late 2007, and DHS plans to ramp up enforcement in 2010. Read more a href=”http://www.dcvelocity.com/articles/20091230_dhs_enforce_security_rules_chemical_storage_distribution/”here/a.

span style=”font-size:85%;”(FlexNews)/spanbr /br /On April 7, the Department of Commerce (Commerce) announced its affirmative final determinations in the antidumping and countervailing duty investigations on imports of citric acid and certain citrate salts from the People’s Republic of China (China) and Canada. Citric acid and citrate salts are used in various food and beverage products including carbonated and noncarbonated drinks, and frozen foods, as well as laundry detergents and household cleaning products.br /br /Dumping occurs when a foreign company sells a product in the United States at less than normal value. Subsidies are financial assistance from foreign governments that benefit the production, manufacture, or exportation of goods.br /br /Commerce determined that Chinese and Canadian producers/exporters have sold citric acid and citrate salts in the United States at 94.61% to 156.87%, and 23.21% below normal value, respectively.br /br /In the China investigation, mandatory respondents TTCA Co., Ltd. (a.k.a. Shandong TTCA Biochemistry Co., Ltd.) and Yixing Union Biochemical Co., Ltd., received final dumping rates of 129.08% and 94.61%, respectively. Eleven Chinese exporters qualified for a separate rate of 111.85%. All other exporters will receive the China-wide rate of 156.87%.br /br /In the Canada investigation, mandatory respondent, Jungbunzlauer Canada, Inc., received a final dumping rate of 23.21%. All other Canadian exporters will receive a rate of 23.21%. Read more a href=”http://www.flex-news-food.com/pages/23080/Canada/China/Ingredients/ITC/Jungbunzlauer/USA/us-government-finds-unfair-dumping-subsidization-citric-acid-certain-citrate-salts-china-canada.html”here/a.

span style=”font-size:85%;”(ICIS.com – Thomas Cook, American River International)br //spanbr /All companies that operate global supply chains need to be sensitive to trade compliance within their import/export operations. And chemical firms need to raise the bar here because of the nature of their products and the scrutiny that government agencies bring to bear on them.br /br /There are six areas critical to best practice in global trade compliance: senior management engagement; point person; evaluation; standard operating procedures (SOPs); training and education; and Customs Trade Partnership Against Terrorism (C-TPAT). […]br /br /Chemical companies need to raise the bar of trade compliance management as the industry is targeted by government agencies that manage supply chain operations.A prudent company will seriously consider joining the C-TPAT program managed by U.S. Customs and Border Protection (CBP). To receive C-TPAT certification, which gives companies a favorable disposition by CBP on how they move freight across the border, companies inform CBP how their supply chain operates.br /br /Chemical companies can go even further by achieving Importer’s Self Assessment (ISA) status, which eliminates a substantial portion of Customs scrutiny for companies that meet high standards in operation, business process and SOPs.br /br /Other C-TPAT benefits include expedited clearances, mitigation of fines and penalties, access to CBP programs that offer competitive advantages, and help in maintaining supply chains in the event of terrorist acts.br /br /Trade compliance will not only keep chemical companies out of trouble, but will also assist them in running their export and import trade lanes better, more cost-effectively and more securely.br /br /Read the complete article a href=”http://www.icis.com/Articles/2009/03/30/9203303/chemical-companies-must-lift-trade-compliance-standards.html”here/a.

span style=”font-size:85%;”(Health Canada)br //spanbr /Canada’s Minister of Health, Leona Aglukkaq, and Minister of the Environment, Jim Prentice, announced [March 13] that the Government of Canada is beginning to assess 17 substances included in batch 9 of its Chemicals Management Plan. Of the 17 substances, 12 were identified as being of possible concern to the environment and five were identified as being of possible concern to human health.br /br /With the completion of this batch of chemicals, the Government of Canada will have completed two-thirds of its commitment to review 200 substances in 12 batches identified as high-priorities for action. The Government continues to meet its commitment to Canadians by reviewing a new batch of substances every three months.br /br /Public summaries, which contain information about the substances in Batch 9, including where they are found and how they are used in Canada, are available on the new a href=”http://www.chemicalsubstanceschimiques.gc.ca/interest-interet/index_e.html” target=”_blank” Chemicals at a Glance page/a. For more information, please visit the Chemical Substances a href=”http://www.chemicalsubstanceschimiques.gc.ca/en/” target=”_blank”website/a.

span style=”font-size:85%;”(Environment Canada)/spanbr /br /Canada’s Environment Minister Jim Prentice, and his counterparts Stephen Johnson, Administrator of the United States Environmental Protection Agency, and Environment Minister Juan Rafael Elvira Quesada of Mexico, have signed a joint Statement of Intent affirming their commitment to developing a regional framework for the safe management of harmful chemicals.br /br /“Our government has committed to protecting the health and environment of Canadians”, said Minister Prentice. “This agreement is a cost-effective way for all countries involved to assess harmful chemicals as quickly as possible by reviewing existing research and taking action on those chemicals that need to be regulated.”br /br /The agreement builds on Canada’s world-leading Chemicals Management Plan by ensuring that Mexico, Canada, and the United States have access to consistent information that can be used to strengthen chemical management in North America. Canada is agreeing to share its analysis of over 23,000 chemicals in use today and in turn, will gain access to critical research and expertise that is being gathered in the United States and Mexico to take action on harmful chemicals.br /br /This announcement builds on existing cooperative initiatives between the United States, Mexico and Canada towards increased capacity building and improved chemicals management in North America. “By sharing scientific information and approaches to chemical testing and risk management, countries have been able to make significant progress on initiatives like the United States’ Chemical Assessment and Management Program” explained Minister Prentice.br /br /The Ministerial Statement of Intent on North American Chemicals Cooperation consolidates and clarifies the nature of these activities, and reaffirms that the three countries remain strongly committed to the sound management of chemicals in North America.

span style=”font-size:85%;”(European Commission)/spanbr /br /The European Commission welcomes the agreement by the EU Member States to align EU legislation on classification, labelling and packaging of substances and mixtures to the United Nations Globally Harmonised System (GHS).br /br /This new system will ensure that the same hazards will be described and labelled in the same way all around the world. By using internationally agreed classification criteria and labelling elements, it is expected to facilitate trade and to contribute towards global efforts to protect humans and the environment from hazardous effects of chemicals. The new regulation will complement the REACH regulation on the registration, evaluation, authorisation and restriction of chemicals. The European Parliament already the 3rd of September this year approved the GHS regulation. The next step will be its publication in the Official Journal, thereby making the EU one of the international leaders in the actual uptake of the UN system.br /br /Commission Vice President Günter Verheugen, responsible for enterprise and industry, said: “In a global world, we need global rules. This agreement helps to remove trade barriers and enterprises will save costs. This kind of regulation at UN level will be a great help to European industry.”br /br /Environment Commissioner Stavros Dimas, responsible for environment, said: ‘The use of the same pictograms and phrases to describe the same hazards throughout the world will benefit the protection of workers, consumers and the environment.”br /br /Chemicals are manufactured and traded globally and their hazards are the same around the world. Therefore the description of hazards should not differ between countries if the product is the same. Enterprises will save costs if they do not have to assess hazard information for their chemicals against different sets of criteria.br /br /The regulation will require companies to classify, label and package appropriately their hazardous chemicals before placing them on the market. It aims to protect workers, consumers and the environment by means of labelling which reflects possible hazardous effects of the chemical, while also taking over from REACH notification of classifications to the European Chemicals Agency (ECHA) in Helsinki.br /br /The regulation will after a transitional period replace the current rules on classification, labelling and packaging of substances (Directive 67/548/EEC) and mixtures (Directive 1999/45/EC). After entry into force, the deadline for substance classification according to the new rules will be 1 December 2010 and for mixtures 1 June 2015.

span style=”font-size:85%;”(Health Canada)/spanbr /br /The Honourable Tony Clement, Minister of Health, and the Honourable John Baird, Minister of the Environment, today [Saturday] released preliminary findings for 19 chemical substances identified as high priorities for action under Batch 3 of the Chemicals Management Plan.br /br /Out of the 19 substances assessed, four are proposed “toxic” to human health. In addition, the Government is also proposing to create a provision for four other substances so that any proposed new use of these substances (which are no longer used or are used in extremely low quantities in Canada) would be subject to notification of the federal government. With this provision the government would be able to set conditions or prohibit the use of these substances if their use would increase exposure to Canadians or environmental organisms.br /br /Following the extensive assessment, the 11 remaining substances are proposed “not toxic.”br /br /The notices containing summaries of draft screening assessment reports for all Batch 3 substances will be published in Canada Gazette, Part I on August 23.br /br /Public summaries, which contain information about how all Batch 3 substances are used in Canada are available on the new Chemicals At A Glance Web page. draft screening assessments as well as risk management scope documents for Batch 3 substances proposed “toxic” can be found on the Chemicals Management Plan website. Interested parties can submit comments on these documents until October 23, 2008. Final screening assessments for Batch 3 substances will be published on or before February 21, 2009.

span style=”font-size:85%;”(CIFFA e-Bulletin)/spanbr /br /Some 30,000 chemicals currently in use (e.g. acids, metals, solvents, surfactants, and glues) have to be pre-registered at the European Chemicals Agency (ECHA) between 1st June and 1st December 2008. As the new chemicals legislation REACH (Registration, Evaluation, Authorisation and restriction of Chemicals) will enter into operation on 1st June, the European Commission and ECHA are alerting companies of their obligations. Tens of thousands of manufacturers or importers of chemicals will have to pre-register chemicals in 2008 if they want to continue manufacturing or importing them without interruption. It has been estimated that over 180,000 pre-registration files will be submitted. The pre-registration process will enable companies to share data on their chemicals and paves the way to enhanced knowledge about chemicals. This is a prerequisite for improved safety in the years to come.br /br /Today’s alert is driven by the concern that some companies may still not be conscious of their obligations, either because they are not aware of the scope or the specific requirements or because they believe that REACH does not affect them, especially if they are not part of the chemicals sector. The Commission therefore calls upon Member States authorities, industry, third countries and other stakeholders to help to make the obligations known to all enterprises concerned. More information is available from in a href=”http://ec.europa.eu/enterprise/reach/events_en.htm”web-streaming format/a and at the a href=”http://echa.europa.eu/”European Chemicals Agency website/a.