Author Archives: Walter Jager

Six Substances added to REACH SVHC Candidate List – December 17, 2014

The European Chemical Agency (ECHA) added six additional substances to the SVHC Candidate List on December 17, 2014. This brings the total number of substances on the Candidate List to 161. Manufacturers, importers and distributors have communication obligations in the EU if any of their products contain one of these substances above the reporting threshold of 0.1% w/w.

REACH SVHCs Added to Candidate List on December 17, 2014

Substance_NameEC_NumberCAS_NumberReason_for_proposing
Cadmium fluoride232-222-07790-79-6Carcinogenic (Article 57 a);
Mutagenic (Article 57 b);
Toxic for Reproduction (Article 57 c);
Equivalent level of concern having probable serious effects to human health (Article 57 f)
Cadmium sulphate233-331-610124-36-4; 31119-53-6Carcinogenic (Article 57 a);
Mutagenic (article 57 b);
Toxic for Reproduction (Article 57 c);
Equivalent level of concern having probable serious effects to human health (Article 57 f)
2-benzotriazol-2-yl-4,6-di-tert-butylphenol (UV-320)223-346-63846-71-7PBT (Article 57 d);
vPvB (Article 57 e)
2-(2H-benzotriazol-2-yl)-4,6-ditertpentylphenol (UV-328)247-384-825973-55-1PBT (Article 57 d);
vPvB (Article 57 e)
2-ethylhexyl 10-ethyl-4,4-dioctyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate (DOTE)239-622-415571-58-1Toxic for Reproduction (Article 57 c)
Reaction mass of 2-ethylhexyl 10-ethyl-4,4-dioctyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate and 2-ethylhexyl 10-ethyl-4-[[2-[(2-ethylhexyl)oxy]-2-oxoethyl]thio]-4-octyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate (reaction mass of DOTE and MOTE)--Toxic for Reproduction (Article 57 c)

In addition to the six new entries on the Candidate List, the existing entry Bis(2-ethylhexyl) phthalate (DEHP) was updated based on “Equivalent level of concern having probable serious effects to the environment (Article 57 f)”

The REACH Candidate List SVHCs are available on the ECHA website. Additional information on the REACH SVHC obligations for organizations that manufacture or ship products into the EU are available on the ECD Compliance REACH web page.

Products Containing Mercury Regulations published in Canada

The Canadian “Products Containing Mercury Regulations” were published in the Canada Gazette on November 19, 2014 and come into force on November 8, 2015. The Regulations will prohibit the manufacture and import of products containing elemental mercury or a mercury compound. Exemptions to the mercury prohibition are provided for applications that have no technical alternative – they are similar but not identical to the EU RoHS mercury exemptions. For products that contain mercury, specific labelling and marking requirements are specified in the regulations.

Scope

The Regulations apply to any product that contains mercury, including all electrical and electronic equipment (EEE) whether currently included or excluded from the scope of the EU RoHS Directive. In this regard, the Canadian Regulations have a broader applicability than the EU RoHS Directive; however, the exemptions also cover applications that are not relevant to EEE such as use of mercury in dental amalgam.

The regulations do not apply to products that are at end-of-life, waste, a food, drug, or cosmetic, veterinary biologic, pest control product, feed, fertilizer, or explosive, ores, concentrates and by-products of metallurgic operations, and on-road vehicles from the 2016 model year or earlier.

Prohibitions and Exemptions

A product that contains mercury may not be manufactured or imported unless it belongs to a product category that has a specified exemption or if a manufacturer or importer holds a permit issued under the Regulations.

The exemptions are similar to the EU RoHS exemptions but not identical. There are differences in the wording of the allowed applications and in the allowed mercury concentration. A careful comparison is needed to ensure that a product containing mercury meets the Canadian regulation.

The regulations specify additional requirements for products that are imported or manufactured with mercury (for example, under an exemption). The additional requirements include labelling, marking, information on safe use (including when a product such as a lamp breaks), and reporting of mercury quantity that is imported or manufactured.

For product uses that are not covered by an exemption, it is possible to request a permit from Environment Canada.

For additional information or assistance on the Canadian Products Containing Mercury Regulations, contact ECD Compliance.

EU – Restrictions are Focus of New Enforcement Project

The European Forum for Exchange of Information on Enforcement is developing a new enforcement project on compliance to REACH Annex XVII substance restrictions. According to the ECHA press release, the timing for the enforcement project is: “The scope and individual restrictions to be covered will be confirmed in early 2015. Inspections will then take place during 2016. The final report will become available in 2017.”

The Forum coordinates a network of EU Member State authorities responsible for REACH enforcement and is composed of one representative from each of the EU Member States.

USA – California Proposition 65 chemicals update

Several chemicals added to California Proposition 65 over the past year are coming into effect within the next few months.

One of the chemicals, the Phthalate DINP, may be used as a plasticizer in EEE. The addition of DINP to California Prop 65 has been controversial. The American Chemistry Council launched a lawsuit against the California Office of Environmental Health Hazard Assessment with respect to the addition; however, the Court will not rule before civil enforcers can begin filing notices. The deadline for manufacturers to provide the Prop 65 warning label on products that contain DINP and are potential exposure risks is December 20, 2014.

Other substances with deadlines in January-May 2015 include Trichloroethylene (TCE), Methyl Isobutyl Ketone (MIBK), Pulegone, N,N-Dimethyl-P-Toluidine.

EU – Second Stakeholder Meeting on Lot 9 Study on Enterprise Servers and Data Equipment

The 2nd stakeholder meeting for EU Ecodesign Lot 9 preparatory study on enterprise servers and data equipment was held in Brussels on October 13, 2014. Minutes and presentations from the meeting are available on the study website.

Much of the discussion raised by stakeholders during the meeting focused on the large variation in how equipment within the scope of this study is used and the impact of operating systems and software. Consequently, it’s difficult to develop well defined regulatory requirements on energy efficiency and other environmental performance criteria.

The next steps in the preparatory study (see Figure 1) include:

  • Submission of stakeholder responses to questionnaire on best available technologies (BAT) by November 14.
  • Draft final report in February 2015
  • Next Stakeholder meeting is planned for March 2015

Final report is scheduled for May 2015.

 

BNST Restriction in Lubricants in EEE Approaching in March 2015

BNST (Benzenamine, N-phenyl-, Reaction Products with Styrene and 2,4,4-Trimethylpentene) has been used in lubricants in motors and other sliding mechanisms in many types of electrical and electronic products.  The substance is added to lubricants as an additive that provides performance enhancements as an antioxidant, corrosion inhibitor, tarnish inhibitor, and scavenger and antiscaling agent. BNST containing lubricants may be found in some computer storage drives and other applications with a motor.

BNST was restricted in Canada under the Prohibition of Certain Toxic Substances Regulations, 2012 beginning on March 14, 2013; however, a 2 year exemption for use of BNST as an additive in lubricants has extended the use period for applications in the EEE industry.

Although the general exemption in lubricants expires on March 13, 2015, manufacturers and importers may apply for a permit to continue manufacturing and importing products and parts (such as motors) that contain BNST in the lubricant after March 2015. Even if BNST is being designed out of new products, there is still a significant challenge for OEMs that need to continue providing spare parts for the repair of existing products — there is no exemption in the regulation for spare parts. Environment Canada requires 60 working days to process a permit application; therefore they are requesting that all applications should be submitted by no later than December 1, 2014 in order to have the permit issued on time.

The permit application includes requirements for information on BNST use and plans for phasing out the substance from your products.  Environment Canada has stated that applications not meeting specific minimum requirements cannot be approved.

The Prohibition Regulation is available for download from the Canada Gazette.

For support on completing and submitting a permit application, contact ECD Compliance.

 

 

Slates/Tablets Become Eligible for EPEAT Registry – September 2014

With the addition of slates and tablets to Energy Star, these products have become eligible for the EPEAT registry of environmentally preferable products. Many governments and other large organizations specify EPEAT registration as a mandatory requirement in their IT purchasing specifications and RFPs; therefore, EPEAT registration can be an important declaration for manufacturers and distributors.

The IEEE 1680.1 standard specifies the mandatory and optional requirements for listing a computer product on the EPEAT registry. Within this standard, Energy Star is a mandatory requirement, therefore tablets and slates have, in the past, been ineligible for EPEAT.  The new Energy Star specification opens the door to additional procurement opportunities but it creates risks for manufacturers that do not register their products.

ECD Compliance assists manufacturers with conformity to EPEAT requirements and EPEAT verification.  For additional information on EPEAT services, see our webpage or contact ECD Compliance.

 

Substances Recommended for EU REACH Authorisation List – September 1, 2014

On the heels of the 2014 addition to the EU REACH Annex XIV Authorisation List, the European Chemical Agency (ECHA) has recommended another 22 SVHCs for addition to the Authorisation List (see Table). This next round of proposed additions to Annex XIV is undergoing a public consultation from September 1, 2014 through November 30, 2014. The consultation provides manufacturers and suppliers with a heads-up of the substances that may be added to the Authorisation List in mid-2015.

The introductory text to the public consultation states that information provided by chemical manufacturers and importers in their substance registration dossiers were used to prioritize these substances.

Substance_NameEC_NumberCAS_Number
1,2-Benzenedicarboxylic acid, di-C6-8-branched alkyl esters, C7-rich276-158-171888-89-6
Disodium tetraborate, anhydrous215-540-41330-43-4, 12179-04-3, 1303-96-4
Acetic acid, lead salt, basic257-175-351404-69-4
1-bromopropane (n-propyl bromide)203-445-0106-94-5
4-Nonylphenol, branched and linear, ethoxylated [substances with a linear and/or branched alkyl chain with a carbon number of 9 covalently bound in position 4 to phenol, ethoxylated covering UVCB- and well-defined substances, polymers and homologues, which include any of the individual isomers and/or combinations thereof]--
Bis(2-methoxyethyl) phthalate204-212-6117-82-8
Lead monoxide (lead oxide)215-267-01317-36-8
1,2-Benzenedicarboxylic acid, di-C7-11-branched and linear alkyl esters271-084-668515-42-4
Dipentyl phthalate (DPP)205-017-9131-18-0
Pentalead tetraoxide sulphate235-067-712065-90-6
Tetraboron disodium heptaoxide, hydrate235-541-312267-73-1
Anthracene oil292-602-790640-80-5
Orange lead (lead tetroxide)215-235-61314-41-6
Pyrochlore, antimony lead yellow232-382-18012-00-8
Diboron trioxide215-125-81303-86-2
N-pentyl-isopentylphthalate-776297-69-9
Boric acid233-139-2, 234-343-410043-35-3, 11113-50-1
Diisopentylphthalate210-088-4605-50-5
Silicic acid, lead salt234-363-311120-22-2
Tetralead trioxide sulphate235-380-912202-17-4
1,2-Benzenedicarboxylic acid, dipentylester, branched and linear284-032-284777-06-0
Pitch, coal tar, high temp.266-028-265996-93-2

[1] ECHA public consultation on substances proposed for Authorisation under EU REACH regulation: http://echa.europa.eu/addressing-chemicals-of-concern/authorisation/recommendation-for-inclusion-in-the-authorisation-list

EU REACH – Consultation of Ten Substances for SVHC Candidate List – September 1, 2014

Dossiers for 10 SVHC proposals were submitted by EU Member States in August and are now available for public consultation on the ECHA website. Only six of the proposals are for new additions to the SVHC Candidate List. The other four dossiers are proposing modifications to the existing entries for the Phthalates DEHP, DBP, BBP, and DIBP.

The four Phthalate proposals modify the reason for SVHC inclusion to include human health and environmental hazards as endocrine disrupters.

Information about the public consultation is available on the ECHA website[1]. The consultation closes on October 16, 2014. The 10 proposals under consultation are listed in the following Table.

Substances under Consultation for REACH SVHC Candidate List

Substance_NameEC_NumberCAS_NumberReason_for_proposing
2-(2H-benzotriazol-2-yl)-4,6-ditertpentylphenol (UV-328)247-384-825973-55-1PBT (Article 57 d);
vPvB (Article 57 e)
2-benzotriazol-2-yl-4,6-di-tert-butylphenol (UV-320)223-346-63846-71-7PBT (Article 57 d);
vPvB (Article 57 e)
2-ethylhexyl 10-ethyl-4,4-dioctyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate (DOTE)239-622-415571-58-1Toxic for Reproduction (Article 57 c)
Cadmium fluoride232-222-07790-79-6Carcinogenic (Article 57 a);
Mutagenic (Article 57 b);
Toxic for Reproduction (Article 57 c);
Equivalent level of concern having probable serious effects to human health (Article 57 f)
Cadmium sulphate233-331-610124-36-4; 31119-53-6Carcinogenic (Article 57 a);
Mutagenic (article 57 b);
Toxic for Reproduction (Article 57 c);
Equivalent level of concern having probable serious effects to human health (Article 57 f)
Reaction mass of 2-ethylhexyl 10-ethyl-4,4-dioctyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate and 2-ethylhexyl 10-ethyl-4-[[2-[(2-ethylhexyl)oxy]-2-oxoethyl]thio]-4-octyl-7-oxo-8-oxa-3,5-dithia-4-stannatetradecanoate (reaction mass of DOTE and MOTE)--Toxic for Reproduction (Article 57 c)
Benzyl butyl phthalate (BBP)201-622-785-68-7Equivalent level of concern having probable serious effects to human health and the environment (Article 57 f)
Bis(2-ethylhexyl) phthalate (DEHP)204-211-0117-81-7Equivalent level of concern having probable serious effects to human health and the environment(Article 57 f)
Dibutyl phthalate (DBP)201-557-484-74-2Equivalent level of concern having probable serious effects to human health and the environment (Article 57 f)
Diisobutyl phthalate (DIBP)201-553-284-69-5Equivalent level of concern having probable serious effects to human health and the environment (Article 57 f)

[1] ECHA consultation website: http://echa.europa.eu/addressing-chemicals-of-concern/authorisation/substances-of-very-high-concern-identification

Nine SVHCs added to REACH Authorisation List – August 14, 2014

The European Commission has added nine substances from the SVHC Candidate List to the REACH Authorisation List (Annex XIV). As per Article 56 in the REACH regulation, substances listed in REACH Annex XIV may not be placed on the EU market (individually or in mixtures) or used in the EU after the sunset date unless the manufacturer has been granted “authorisation”. A total of 31 SVHCs are now on the authorisation list.

There are no exempted uses listed for any of the substances. Therefore all use of the substances (in the EU) after the sunset date will require authorisation. The sunset dates vary from August 22, 2017 through January 22, 2019.

Substance NameCAS NumberSunset dateLatest application date
Dichromium tris(chromate)24613-89-622/01/201922/07/2017
Strontium chromate7789-06-222/01/201922/07/2017
Pentazinc chromate octahydroxide49663-84-522/01/201922/07/2017
Potassium hydroxyoctaoxodizincatedichromate11103-86-922/01/201922/07/2017
2,2'-dichloro-4,4'-methylenedianiline (MOCA)101-14-422/11/201722/05/2016
1,2-Dichloroethane (EDC)107-06-222/11/201722/05/2016
Formaldehyde, oligomeric reaction products with aniline (technical MDA)25214-70-422/08/201722/02/2016
Bis(2-methoxyethyl) ether (Diglyme)111-96-622/08/201722/02/2016
Arsenic acid7778-39-422/08/201722/02/2016