Member states, ECHA agree to improve substance evaluation interactions.

Member states, the European Commission, and the European Chemicals Agency (ECHA) have agreed on recommendations for improving communications under the REACH Community Rolling Action Plan (Corap). Last month, we reported on the presentation and endorsement of a working group paper recommending the improvement of interactions during the REACH substance evaluation process. Earlier this week, ECHA released the paper [PDF], which is aimed at evaluating member states and intended to “give guidance for a common approach and create a level playing field.”

The nonbinding recommendations encourage evaluating member states to contact the lead registrant in the first instance. Registrants should be proactive, “speak with one voice” in communications, and send consolidated comments on draft decisions on behalf of all registrants.

The recommendations are not meant to be exhaustive, since interactions will vary by evaluation, and instead focus on the “informal interaction” between evaluators and registrants during the current evaluation year. The experience gained from first year of evaluations informed the recommendations, which will be revised as necessary based on further experiences. The paper is intended to complement the previously published leaflet, “Substance evaluation under REACH – Tips for registrants and downstream users” [PDF].

Nearly 50 chemicals added to EPA’s Safer Chemical Ingredients List.

EPA Assistant Administrator Jim Jones took to the agency’s blog today to promote new additions to the Safer Chemical Ingredients List (SCIL), part of EPA’s Design for Environment (DfE) program. EPA has just added nearly 50 chemicals – including 40 fragrances – to the SCIL, which now totals 650 “safer” chemicals. SCIL chemicals are evaluated by third-party profilers to determine whether they meet the program’s protective criteria across a broad range of potential toxicological effects, ranging from carcinogens to asthmagens to chemicals on authoritative lists of chemicals of concern.

DfE is a voluntary labeling program which currently recognizes 2,500 products, such as household cleaners and firefighting foam, for high performance, cost effectiveness, and use of the safest chemical ingredients. The SCIL component of the DfE program is arranged by functional use class and is aimed at helping product manufacturers identify safer chemical ingredients, formulate safer products, and make it easier for products to earn the DfE label.

Members of California’s second Green Ribbon Science Panel announced.

Yesterday, California’s Department of Toxic Substances Control (DTSC) announced the appointment of 15 members to the newly reconstituted Green Ribbon Science Panel. The appointments include reappointed members from the first panel as well as new members. Panel members include experts on public and environmental health as well as chemicals policy, law, and engineering, and are drawn from academia, NGOs, industry, and government. As we previously discussed, the Panel advises DTSC on green chemistry and chemicals policy issues, including implementation of the Safer Consumer Products regulations.

A Green Ribbon Science Panel Webinar Meeting will be held January 29, 2014. More information from DTSC will be posted online in the near future.

ECHA finds that 70 percent of REACH registration dossiers are noncompliant.

After evaluating over 1,000 substance registration dossiers in the over-100 tonne per year band, the European Chemicals Agency (ECHA) found that almost 70 percent of the dossiers were noncompliant. Yesterday, ECHA announced the results of its compliance checks of 1,130 dossiers, comprising 5.7 percent of the registration dossiers over 100 tonnes submitted for the first REACH registration deadline in 2010. REACH requires the agency to check compliance for at least 5 percent of each tonnage band.

The agency identified two main causes for noncompliance: information deficiencies regarding the substance’s identification and composition; and missing data in chemical safety reports or insufficient justification for not submitting required studies.

ECHA’s Executive Director, Geert Dancet, described the completion of the compliance check as an “important milestone which helps all registrants to better understand their legal requirements.” Dancet also pointed out that the high noncompliance rate was not surprising since ECHA had targeted the compliance check on dossiers that had been electronically pre-screened for having “apparent shortcomings.”

ECHA has issued decisions as a result of the compliance check to registrants, who are required to submit the requested information. EU member states are responsible for enforcement of these decisions. ChemicalWatch notes that ECHA has declined to reveal either the companies or substances associated with the noncompliant dossiers, to the chagrin of certain NGO critics.

DTSC releases strategic plan.

California’s Department of Toxic Substances Control (DTSC) plans to focus on improving departmental operations while addressing health and safety issues through a variety of new and continuing initiatives to reduce hazardous waste and toxic substances. In late December, DTSC released its Strategic Plan for 2014-2018: Fixing the Foundation – Building a Path Forward, [PDF] which lays out approaches and specific objectives for five broad goals: Cleanup, Hazardous Waste Management, Safer Consumer Products, Support Services, and Public Engagement.

DTSC’s approach to achieving its Hazardous Waste Management objectives includes holding businesses accountable for costs associated with regulation and cleanup, maximizing enforcement reach, and improving data quality and transparency. Notably, the plan calls for reforming the agency’s hazardous waste fee system by making fees “fairer” and in line with the goals of source reduction, recycling, polluter-pays principle, and in-state management. Following an external review of the agency’s permit program, DTSC plans to work on ensuring that permits are protective, timely, and enforceable, and also that enforcement is effective, efficient, and consistent. The agency hopes to improve public confidence in this area through a range of different efforts, including making the “enforcement program’s information and processes more accessible to the public” and launching an IT system that “improves the availability and accuracy of hazardous waste tracking data” for both the agency and the public. Other Hazardous Waste Management objectives include: working with Cal/EPA to train and evaluate local authorities responsible for enforcing hazardous waste laws at the local level; expanding DTSC’s capacity to respond to natural disasters and chemical emergencies; and assessing the classification of metal shredder waste.

The agency’s approach to its newly-launched Safer Consumer Products (SCP) program includes: changing how products are designed and manufactured; avoiding product redesigns that result in “regrettable substitutes”; holding manufacturers responsible for the life cycle impacts of their products; and increasing public access to data on chemicals in consumer products while protecting trade secret information. First among its objectives for the SCP program is the adoption of the initial list of Priority Products and development of guidance documents for Alternatives Analysis. DTSC also plans to develop a data system to support implementation of the SCP regulations and provide information tools for manufacturers and consumers on chemical hazard traits and exposures.

More information on DTSC’s “Fixing the Foundation” initiative is available in Director Debbie Raphael’s online message.

Changes for TSCA CBI claims on the horizon.

According to the OMB’s regulatory agenda, EPA is planning to issue a proposed rule on confidential business information (CBI) claims under TSCA.  The proposed rule, which is expected to be released in spring 2014, would require companies making CBI claims to reassert and re-substantiate those claims on a periodic basis. EPA’s intent in proposing the new regulation is to increase transparency and the availability of environmental and health effects information for existing chemicals in the marketplace.

Details about the proposed rule are not yet available, but ChemicalWatch identified two critical issues that will need to be addressed: (1) whether CBI claims will be evaluated immediately and (2) whether individual chemicals must be disclosed. According to ChemicalWatch, stakeholders expect that CBI claims would stand for five years before review and renewal is required.

The future of CBI claims may be further complicated by current legislative efforts to reform TSCA. The Chemical Safety Improvement Act (CSIA), the TSCA modernization bill currently before the Senate Environment and Public Works Committee, contains complex CBI provisions which have been criticized by NGOs as overly burdensome for EPA’s resources.

It is also unclear how the new CBI rule would affect EPA’s voluntary CBI Declassification Challenge. In December, Bloomberg discussed the state of the CBI Declassification Challenge with Jim Jones, EPA’s Assistant Administrator for chemical safety and pollution prevention. Through this initiative, EPA has determined that over half of the 22,000 CBI claims the agency had thought were submitted by chemical companies were in fact never made. The inflated number was due to a newly identified problem in EPA’s tracking system. Of the remaining claims, 909 cases have been declassified, 3,349 claims have been assessed as valid, and EPA is still investigating the last 7,000 claims.

European Commission orders study of polymers for possible REACH registration requirements.

Polymers are currently exempt from REACH registration requirements, but recent actions taken by the European Commission (EC or the Commission) suggest that polymers might face a heavier regulatory burden in the future. Today, ChemicalWatch reported that the Commission has awarded a contract to study whether and how polymers should be subject to REACH registration requirements. The contract was awarded to Bio-Intelligence, a consultancy, in December 2013, and the study is expected to be completed by October 2014.

Article 138(2) of REACH empowers the Commission to present legislative proposals for selecting polymers for registration after finding a practicable solution and publishing a report on the matter. This report must cover risks posed by polymers in comparison with other substances; and the need, if any, to register certain types of polymers, taking into account factors including competitiveness and innovation as well as human health and the environment.

Last year’s REACH Review concluded that there was insufficient information to conclude whether certain types of polymers should be registered. In 2012, the consultancy RPA conducted another study for the EC on registration requirements for polymers. Taken together, the studies may for the basis for a new proposal on registering certain polymers.

Verdant to sponsor 2014 GlobalChem Conference.

Verdant is proud to announce our sponsorship of the upcoming American Chemistry Council and Society of Chemical Manufacturers & Affiliates GlobalChem Conference and Exhibition in Baltimore, Maryland. The conference will be held March 3-5, 2014 and will cover topics important to the chemical regulations field, ranging from TSCA modernization to California’s Safer Consumer Products program to updates on REACH registration.

Verdant’s Managing Principal, Philip Moffat, said:  “This is one of the premier chemical regulatory conferences in the United States.  We’re proud of our partnership with ACC, SOCMA, and the other conference sponsors.”

We will post more information about Verdant’s participation in the conference as it approaches.

REACH substance evaluation interactions to be improved.

At a recent meeting of the Competent Authorities for REACH and CLP (Caracal), member states, the European Chemicals Agency (ECHA), and industry agreed on steps to improve interactions between registrants and member state competent authorities (MSCAs) during the REACH substance evaluation process. Chemical Watch reported last week that a working group presented a paper making a series of recommendations on how to improve communication under the REACH Community Rolling Action Plan (Corap). The working group was established at a May meeting of ECHA and industry representatives and was led by Ireland and the European Chemical Industry Council (Cefic), among others.

According to Chemical Watch, the paper – which has not yet been released – makes various recommendations for substances listed on Corap year one, generally specifying which communications should occur at certain points throughout the evaluation process; e.g., evaluators should contact registrants shortly after publication of the Corap, and a mechanism should be developed to ensure that all registrants are informed of an impending evaluation. For substances listed on Corap years two and three, the paper recommends that evaluating authorities communicate clarifications on the substance evaluation process, while registrants should provide status updates on ongoing tests or planned dossier changes which might affect the evaluation.

The purpose of the recommendations, according to ECHA representative Claudio Carlon, is to “to increase clarity on the Corap process and explain what registrants need to do before it starts and post draft decisions, and encourage informal interaction between member states and registrants.” The recommendations were reportedly supported by attendees of the Caracal meeting. Industry groups including Cefic are planning to publish “a comparable initiative,” focusing on how industry can prepare for interactions with MSCAs during the evaluation process. This initiative will also address “interactions with downstream users.”

ECHA is expected to publish the working group’s paper with “minor amendments” by the end of the year or early 2014.

A first look at EPA’s draft guidelines for greener government purchasing.

On November 20, EPA released its Draft Guidelines for federal government procurement of greener products. Because the federal government purchases more than $500 billion per year in goods and services, changes in federal procurement policy can have broad ripple effects for product manufacturers and markets.

The Draft Guidelines were formulated with the General Services Administration and other agencies to help federal purchasers identify and buy environmentally preferable products; currently, agencies must meet a mandate that 95% of acquisitions be sustainable. EPA is also seeking input on how to assess existing, non-governmental environmental standards and ecolabels. Although many environmentally preferable products are identified with federal ecolabels such as Energy Star or Design for Environment, other products are not covered by such labels. When finalized, these guidelines will provide clarity regarding the term “environmentally preferable,” and help federal purchasers make consistent comparisons across different environmental standards and ecolabels.

The Draft Guidelines consist of four sets of guidelines, many of them referring to ISO 14024 and other existing standards for ecolabels, each addressing different aspects of the issue area:

  • Process for Developing the Standard
  • Environmental Effectiveness of the Standard
  • Conformity Assessment
  • Management of Ecolabeling Programs

Under EPA’s proposed approach, one or more NGO with expertise in the area would work with a multi-stakeholder panel to develop a process for applying the guidelines to private sector environmental standards and ecolabels. EPA envisions that the guidelines would be applied on product category basis to create a list of product standards and ecolabels that meet the guidelines for each product category. The resulting list would be made available to federal agencies for voluntary use and supplement existing federal standards or ecolabels.

The Draft Guidelines establish two tiers of guidelines: “Baseline” and “Leadership.” This approach was developed to allow flexibility in addressing the varying approaches to sustainability practices incorporated across different industries and product categories. According to EPA’s FAQ:

…draft “baseline” guidelines align with Federal goals and requirements, are relatively straightforward to evaluate, and are applicable across industry sectors. Draft “Leadership” guidelines represent EPA’s current assessment of best practices and are currently achievable by some standards and ecolabels.

The Draft Guidelines only address products, but EPA also expressed interest in public comments on environmental benchmarking for services such as hospitality, printing, and cleaning.

EPA is accepting comments on the draft guidelines through February 25, 2014.