EPA Publicly Discloses More Chemical Identities Claimed Confidential under TSCA

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TSCA/CBI:

On June 8, 2011, EPA announced the public disclosure of the identities of more than 150 chemicals contained in 104 health and safety studies that had been claimed confidential under the Toxic Substances Control Act (TSCA).  For those 104 studies, the chemical identity will no longer be redacted, or kept from public view.  According to EPA, the chemicals at issue are used in dispersant formulations and consumer products such as air fresheners, non-stick and stain resistant materials, fire resistant materials, nonylphenol compounds, perfluorinated compounds, and lead.  This latest development is another demonstration of EPA’s commitment to increasing transparency under the Toxic Substances Control Act (TSCA) by making publicly available more information about chemical hazards.

Readers will recall that, in 2010, EPA challenged industry to declassify voluntarily unwarranted claims of confidential business information (CBI).  EPA also issued new guidance outlining plans to deny CBI claims for chemical identity in health and safety studies under TSCA.  Based on this guidance, EPA notified a number of companies in February 2011 that it had determined that their CBI claims were not eligible for confidential treatment under TSCA and that EPA intended to make the information public.  (See related posts here and here.)   The health and safety studies included in the lastest disclosure  include some declassified by EPA and other voluntary declassifications by companies in response to EPA’s challenge.

In addition to these actions, EPA over the past several months has taken a number of other steps to make chemical information more readily available.  EPA provided the public, for the first time ever, with free access to the consolidated TSCA Inventory on the EPA and Data.Gov websites.  EPA also launched a new chemical data access tool that gives the public the ability electronically to search EPA’s database of more than 10,000 health and safety documents on a wide range of chemicals that they may come in contact with every day. (See related post here.)  More information about EPA’s transparency initiative under TSCA is avaialble here.

Reminder: Upcoming Teleconferences for Subcommittees of the DTSC Green Ribbon Science Panel

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Green Chemistry Regulations:

Each of the three subcommittees of the California Department of Toxic Substance Control (DTSC) Green Ribbon Science Panel will hold two teleconferences in June in preparation for the meeting of the entire Panel scheduled for July 14 and 15 in Sacramento.  Each teleconference will focus on an aspect of the alternatives assessment process required under the Safer Consumer Product Alternatives (SCPA) Regulations still under development.

Members of the public and representatives of organizations are invited to attend and participate in the GRSP subcommittee meeting. The time allotted for individual public comments may be limited, depending on the number of individuals wishing to speak. Speakers are not required to identify themselves publicly.

Additional details are set out below.

#1: Alternative Assessment (as described in AB 1879)

This subcommittee will meet:

Subcommittee #1 members are:

  • Ken Geiser, Ph.D. (subcommittee chair)
  • Art Fong
  • Roger McFadden
  • Julia Quint
  • George Daston
  • Timothy Malloy
  • Ann Blake
  • Mike Wilson
  • Julie Zimmerman
  • Oladele Ogunseitan

#2: Tiered Alternatives Assessments

This subcommittee will meet:

Subcommittee #2 members are:

  • Jeff Wong DTSC Chief Scientist (subcommittee chair)
  • Kelly Moran
  • Richard Denison
  • Mike Kirschner
  • Richard Liroff
  • Meg Schwarzman
  • Anne Wallin
  • Bruce Cords

#3: Quality Assurance for Alternatives Assessments

This subcommittee will meet:

Subcommittee #3 members are:

  • Bill Carroll, Ph.D. (subcommittee chair)
  • Jae Choi
  • Dale Johnson
  • Joe Guth
  • Lauren Heine
  • Tod Delaney
  • Robert Peoples

 

Downstream User Reports-ECHA Webinar Tue May 31

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Readers interested in learning more about downstream user reporting may login to the webinar Tuesday May 31 or download a recorded version of the program from the ECHA website.

The webinar will be addressed to all downstream users of registered substances interested in learning more about downstream user reports and how to submit them to ECHA successfully.

Webinar
Date: 31 May 2011
Time: 11:00 AM Eastern European Time
(4:00 AM Eastern U.S. Time)
Register at: https://echa-events.webex.com/echa-events/onstage/g.php?t=a&d=701184789

Participants will receive practical information on how to complete a downstream user report using IUCLID5 and successfully submit it to ECHA via REACH-IT. Participants wishing to benefit from this training should have elementary knowledge of IUCLID5.

Downstream users may need to report their uses if these are not covered by the exposure scenarios provided by their suppliers. Exposure scenarios are part of the extended safety data sheets under REACH.

Producers, formulators, industrial users, other professional users, re-importers, and other downstream users can learn more about obligations under REACH from ECHA. Downstream user obligations include informing customers of hazards, providing risk management advice to formulators and suppliers, and, for chemicals of very high concern, warning customers and users about the parameters of and protocols for 

Philip Moffat Will Speak About Sustainable Packaging at the 2011 ASC Sustainability Summit

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Sustainable Products/Green Marketing:

Verdant is pleased to announce that Philip Moffat will speak at the 2011 ASC Sustainability Summit in Rosemont, Illinois (O’Hare) on July 26 – 27.  Mr.  Moffat will discuss green marketing and enforcement trends, the tools available to regulate green marketing in the U.S. and elsewhere, and the legal risks attending the marketing of “sustainable” packaging in the absence of universally accepted metrics and definitions.

The Adhesive and Sealant Council (ASC) and ASTM International (formerly known as the American Society of Testing and Materials) are co-sponsoring the event.  Representatives from well-known organizations such as Dow Corning, John Deere, HP Fuller, the America Chemical Society’s Green Chemistry Initiative, USEPA, and many others will be presenting on timely topics ranging from Green Chemistry to Green Marketing.  A copy of the preliminary agenda is set out below.  The conference brochure is available here.


Tuesday, July 26

Keynote Speaker………………………………………………………………….8:00 – 8:45 am
Dr. Bob Peoples, ACS

Adhesive Panel Discussion (focused on transportation)…………….8:45 – 10:15 am
Moderator: Sandra Niks, ASTM

Sealant Panel Discussion (focused on building construction)…….10:30 am – Noon
Moderator: Ken Yarosh, Dow Corning

Lunch Keynote Speaker……………………………………………………….Noon – 1:00 pm
FEICA – The EU’s perspective on sustainability
in the adhesive and sealant space

Adhesive Panel Discussion (focused on packaging)……………………1:15 – 2:45 pm
Moderator: John Kalkowski, Packaging Digest Magazine

Break Out Session – Adhesives………………………………………………3:30 – 4:30 pm

Break Out Session – Sealants…………………………………………………3:30 – 4:30 pm

Tour of a LEED Silver Building………………………………………………..4:30 – 5:45 pm

Reception…………………………………………………………………………..6:00 – 7:00 pm

Wednesday, July 27

Adhesives Group Key Findings……………………………………………….8:00 – 8:45 am
Presented by Adhesives Group Leader

Sealants Group Key Findings………………………………………………….8:45 – 9:30 am
Presented by Sealants Group Leader

ASTM Future Initiatives & Roadmap………………………………………9:45 – 10:00 am

ASC Future Educational Initiatives ………………………………………10:00 – 10:15 am

Closing Keynote Session……………………………………………………10:30 – 11:30 am
Rik Master, USG Corp.

New EPA Rule for Carbon-Nanotubes

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Readers engaged in nanomaterial applications may be interested in EPA’s new Significant New Use Rule (SNUR) for multi-walled carbon nanotubes (MWCNTs). Enterprises wishing to manufacture, import, or process MWCNTS are now potentially subject to Significant New Use Notice (SNUN) regulatory procedures which include the submission of ‘appropriate’ health and safety data. This rule is incorporated into the Code of Federal Regulations at 40 CFR § 721.10183.

EPA evaluation of MWCNTs, and carbon nanotubes generally, has established that exposure may cause lung effects (pulmonary toxicity, fibrosis, carcinogenicity), immunotoxicity, and mutagenicity. More information on toxicological effects is reported in the Summary of EPA’s Current Assessments of Health and Environmental Effects of Carbon Nanotubes (available in the MWCNT SNUR Docket).

EPA recommends SNUNs provide detailed information on the following:

  • Human exposure and environmental release that may result from the significant new use of the chemical substance.
  • Potential benefits of the chemical substance.
  • Information on risks posed by the chemical substance compared to risks posed by potential substitutes.

EPA notes that upon review of a SNUN, the Agency has the authority to require additional testing. Any manufacturers, importers, or processors who intend to conduct testing or submit a SNUN are encouraged to contact EPA to determine ‘appropriate’ testing methods. Substantial detail about this and other governing TSCA provisions is provided in the FR notice (76 FR 26186 (available in the MWCNT SNUR Docket)). More information on SNUN requirements generally is available here and information on requirements for test data is available from EPA and the ACC.

This SNUR is specific to MWCNTs of a specific structure. However, confidentiality claims preclude a more detailed description of the identity of this MWCNT. To determine whether a specific CNT, MWCNT, or single-wall carbon nanotube is on the TSCA Inventory, manufacturers should submit a bona fide intent to manufacture or import to EPA.

Exempt from the rule are MWCNTs that are completely reacted (cured), incorporated or embedded into a polymer matrix that itself has been reacted (cured), or embedded in a permanent solid polymer form that is not intended to undergo further processing except for mechanical processing.

Reminder: Upcoming ABA Conference on the Governance of Nanotechnology

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Nanotechnology:

For readers interested in the environmental regulation of nanotechnology, you ought to seriously consider this program. The speakers are top-notch and the topics are timely and interesting.  Enjoy!

___________________________

ABA Webinar Thursday May 19

Nano Governance: The Current State of Federal, State, and International Regulation

Program: 1-5:30 p.m.

Networking Reception Immediately Following (DC site only)

No cost for in-person attendance

Washington, DC (register)

San Francisco, CA (register)

Durham, NC (register)

Webinar (register)

Overview:

The program will explore the new and creative applications of existing regulatory tools and governance approaches to address the potential risks of nanotechnologies, implement new risk assessment approaches to evolving technologies, and maximize the potential benefits of these materials. Speakers will discuss the approaches various government agencies are pursuing to accommodate evolving nanotechnologies and address potential public health and environmental impacts.

 Panelists:

Jim Alwood, Program Manager, Chemical Control Division, Office of Pollution Prevention and Toxics, U.S.

Raj Bawa, M.S., Ph.D., President of Bawa Biotechnology Consulting LLC, Ashburn, VA

Richard A. Denison, Ph.D., Senior Scientist, Environmental Defense Fund, Inc., Washington,

Steffi Friedrichs, Ph.D., Nanotechnology Industries Association, Brussels, Belgium

Steve Froggett, Ph.D., Froggett & Associates, Seattle, WA

Thomas R. Jacob, Coordinator, California Nanotechnology Initiative

William Jordan, Senior Policy Advisor, Office of Pesticide Programs, U.S. Environmental Protection Agency,

Neena Sahasrabudhe, Ph.D., Office of Pollution Prevention and Green Technology, California

Treye A. Thomas, Ph.D., Toxicologist, Directorate for Health Sciences, U.S. Consumer Product Safety Commission,

Rosalind Volpe, Ph.D., Executive Director, Silver Nanotechnology Working Group A Program of Silver Research

Impacts of Silver Nanoparticles on Wastewater Treatment

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Readers involved with industrial and commercial uses of nanomaterials may be interested in the Water Environment Research Foundation’s new report, Impacts of Silver Nanoparticles on Wastewater Treatment.

According to the report, silver nanoparticles from manufacturing and consumer products enter sewers and wastewater treatment plants in unknown quantities. For example, because silver nanoparticles are water soluble, as much as 100 percent of these particles might be able to leach out of clothing in just a few washes. In areas where industrial processes use these materials, concentrations of 0.1mg/L have been observed in municipal wastewater treatment plants.

Wastewater treatment processes generally reduce effluent levels to 10 percent or less of influent concentrations. This means that very low concentrations of silver may be reaching the receiving waters. However, because nanoparticles are more reactive than other forms of silver, many scientists and environmentalists are concerned about toxicity and environmental impacts. (See e.g., Silver Nanoparticles and Silver Nitrate Cause Respiratory Stress in Eurasian Perch, Aquatic Toxicology, January 2010; Nanometals Induce Stress and Alter Thyroid Hormone Action in Amphibia at or below North American Water Quality Guidelines, Environ. Sci. Technol., October 2010; Silver Nanotechnologies and the Environment: Old Problems or New Challenges, Project on Emerging Nanotechnologies, 2008)

WERF investigated the effects of these particles on activated sludge and anaerobic digestion. The research found that the nitrifying bacteria essential to removing ammonia from wastewater treatment systems were especially susceptible to inhibition by silver nanoparticles. Silver ions and silver nanoparticles concentrations as low as 0.4 mg/L inhibited the growth of nitrifying bacteria. In addition, anaerobic microbial activity in biomass (i.e., sewage sludge) was inhibited at silver nanoparticles concentrations of 19 mg/L.

WERF notes that the presence of nanoparticles during sludge treatment can have beneficial results. Recent WERF research has found that nanomaterials reduce the potential for odors in wastewater treatment and improve solids processing. (See Use of Nanomaterials for Biosolids Odor Reduction and Improved Dewaterability.)

Design for the Environment–EPA’s Safer Product Labeling Program

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Green Chemistry/Design for the Environment:

Readers interested in EPA’s Safer Product Labeling Program may want to look through the list of products now authorized to carry EPA’s Design for the Environment (DfE) label.  The list is available here.

On April 20, in anticipation of Earth Day, EPA announced that 2,500 products are now approved to carry the DfE label, including all-purpose cleaners, laundry and dishwasher detergents, drain line maintainers, and car and boat care products. DfE-labeled products do not contain known chemicals of potential concern, like carcinogens, reproductive or developmental toxicants. Even minor product components, like dyes and fragrances, are screened for safety.  In fact, according to EPA, before allowing the DfE logo to be used on a product label, the Agency conducts a scientific evaluation to ensure that candidate products are formulated from the safest possible ingredients.  The Agency’s press release explains that “[t]he DfE label means that EPA has screened each ingredient for potential human health and environmental effects and that the product contains only ingredients that, in EPA’s scientific opinion, pose the least concern among chemicals in their class.”

EPA also announced that DfE labeled products will soon be required to disclose their ingredients (other than trade secrets) to consumers. In addition, new DfE-approved products will need to meet additional life-cycle requirements such as sustainable packaging and limits on volatile organic compounds.  The new disclosure and life-cycle requirements will be phased in for existing DfE products, but some companies are already moving to comply with those standards.

Instructions on the application process for DfE labeling are available here.

Click here for the DfE home page.

Green Chemistry Law Report Selected as a LexisNexis Top 50 Environmental Law & Climate Change Community Blog for 2011

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Today LexisNexis announced its selection of the Top 50 Environmental Law & Climate Change Community Blogs for 2011.  Verdant Law, PLLC was pleased to learn that the Green Chemistry Law Report was chosen from among a large, diverse, and competitive field of candidates.  According to LexisNexis, the award “recognizes preeminent thought leaders in the blogosphere…. Most good blogs provide frequent posts on timely topics, but the authors in this year’s collective take their blogs to a different level by providing insightful commentary that demonstrates how blogs can—and do—impact the practice of environmental and climate change law.”

Philip Moffat, the Firm’s founder, said “The Firm owes a debt of gratitude to its readers.  Without their support, the Green Chemistry Law Report may not have received the recognition it deserves.  Verdant is a boutique law firm specializing in product risk management with a particular emphasis on sustainability and other environmental challenges.  As such, I feel the Firm has a unique perspective to offer on the evolving debate over chemical regulatory reform and the green chemistry movement in the United States and elsewhere.” 

A complete list of the 2011 winners is available here. 

EPA Pesticide Program Dialogue Committee

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FIFRA:

For readers looking for an update on US EPA FIFRA regulatory, policy and program implementation efforts, consider attending the Pesticide Program Dialogue Committee (PPDC) Meeting: Wednesday April 20 & Thursday April 21, 2011.

PPDC meetings provide a forum for a diverse group of stakeholders to provide feedback to the EPA Office of Pesticide Programs on various pesticide regulatory, policy and program implementation issues.

The PPDC meeting is open to the public. Attend in person at EPA’s Potomac Yard Conference Center (2777 Crystal Drive, Arlington, VA) or dial-in to the meeting (Conference Line: 1-866-299-3188; conference Code: 703-308-4775#).

The agenda, information about workgroups and past meetings can be accessed at http://www.epa.gov/pesticides/ppdc/.

Topics to be discussed at this week’s meeting include:

Tuesday April 20, 2011
• Integrated Pest Management (see e.g., http://www.epa.gov/pesticides/factsheets/ipm.htm)
• Spray Drift (see e.g., http://www.epa.gov/pesticides/ppdc/2010/dec2010/session5-drift.pdf )
• Inerts Disclosure (see e.g., http://www.epa.gov/opprd001/inerts/inertdisclosure.html)
• Water Quality/Drinking Water (see e.g., http://water.epa.gov/lawsregs/rulesregs/sdwa/dwstrategy/index.cfm)
• Pollinator Protection (see e.g., http://www.epa.gov/opp00001/ecosystem/pollinator/index.html)
• Children/Worker Risk Protection (see e.g., http://www.epa.gov/pesticides/health/worker-rsk-assmnt.html)
• OPP Strategic Directions (see e.g., http://www.epa.gov/pesticides/science/testing-assessment.html)
• Improving Regulations (see e.g., http://epa.gov/oppfead1/cb/csb_page/updates/2011/ppdc-regreview.html)
• Comparative Safety Statements (see e.g., http://www.epa.gov/pesticides/ppdc/compara-safety/index.html)
• Public Health Issues—Bed Bugs, Lyme Disease Prevention (see e.g., http://www.epa.gov/pesticides/ppdc/public-health/index.html)

Wednesday April 21, 2011
• Endangered Species (see e.g., http://www.epa.gov/espp/, http://www.nmfs.noaa.gov/pr/consultation/pesticides.htm)
• Clean Water Act Pesticide General Permit (see e.g., http://cfpub.epa.gov/npdes/home.cfm?program_id=410) (Also note, the ABA is hosting a program focused solely on this permit April 27–The NPDES Pesticide General Permit: Perspectives from the Hill, EPA, the Regulated Community, and Environmental Advocates. For registration information see http://www2.americanbar.org/calendar/the-npdes-pesticide-general-permit/Documents/Final_Flyer.pdf.)
• 21st Century Science Activities (see e.g., http://www.epa.gov/pesticides/ppdc/testing/index.html) (Also note, the EPA Science Advisory Panel Meeting May 24-26, 2011 will focus on toxicity testing—Integrated Approaches to Testing and Assessment Strategies: Use of New Computational and Molecular Tools. More at http://www.epa.gov/scipoly/sap/meetings/2011/052411meeting.html.)