On December 13, 2018, the substance Undecafluorohexanoic acid and its ammonium salt (CAS no 307-24-4) was withdrawn from consideration as a Candidate List SVHC.  The Validation Team for IEC 62474 had already determined that Undecafluorohexanoic acid has potential uses in EEE and the substance would have been added to the IEC Declarable Substances List if the substance were added to the Candidate List.

Given the withdrawal, Undecafluorohexanoic acid will not be added to the IEC 62474 DSL at this time. For additional information on IEC 62474, see the blog at https://rohs.ca/iec62474

On December 3, 2018, the EU adopted an amendment to the REACH regulation to address substances that are in nanoform.  The lack of a specific regulatory definition and requirements for nanoform substances has been a known gap in the REACH regulation since it came into effect over ten years ago.  Substances in their nanoform often have different human health and environmental impacts than the same substances in their conventional forms.  But the difficultly in coming up with a suitable definition and information disclosure requirements has been a challenge.

The REACH amendment to address nanoforms of substances (Commission Regulation (EU) 2018/1881) is generally described as not being perfect, but it’s a starting point to move forward.  The amendment is available in the official journal[1]. The new requirements come into effect starting in 2020.

Impact on EEE Manufacturers

The new REACH requirements are most relevant to EU manufacturers and importers of nanoform substances.  This will impact only a very small fraction of the EEE industry that directly manufactures or use nanoform substances (such as some component manufacturers and their suppliers).

However, this does start to lay the ground work for identifying nanoform substances as SVHCs on the REACH Candidate List – which will in turn impact sub-assembly and finished product manufacturers. Given the prevalence of nanomaterials in electronics and that their use is often considered a trade secret, this will be a future challenge for the entire industry.

[1] REACH amendment for nanoforms, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32018R1881&from=EN

On October 18, 2018, Canada published the Prohibition of Asbestos and Products Containing Asbestos Regulations (SOR/2018-196). The tight restriction of asbestos use is not surprising, but the lack of a specific threshold for some aspects of the regulation is causing concern among some EEE manufacturers.

Paragraph 4 on import, sale or use and paragraph 5 on manufacture states that:

4 Subject to sections 7 to 21, a person must not import, sell or use

• (a) processed asbestos fibres;
• (b) a product containing processed asbestos fibres unless those fibres are the result of the degradation of asbestos integrated into a product, a structure or infrastructure; or
• (c) a consumer product containing asbestos in greater than trace amounts.

5 A person must not manufacture

• (a) subject to section 8, a product containing processed asbestos fibres unless those fibres are the result of the degradation of asbestos integrated into a product, a structure or infrastructure before the coming into force of these Regulations; or
• (b) a consumer product containing asbestos in greater than trace amounts.

The complication is that bullet 4(b) suggests an absolute ban on processed asbestos fibres except due to degradation.  This creates a challenge with supplier declarations and in testing for compliance.

The restriction on consumer product specified in bullet 4(c) allows for trace amounts.  Environment Canada has published a separate guidance document[1] on the regulation to try to provide some clarification; however, the use of slightly different terminology in the guidance document versus the regulation creates some additional confusion.

The full text is available on the Justice Laws website[2]. The regulation comes into force on December 30, 2018.

Impact on EEE Manufacturer

Asbestos has been used in several EEE products that generate heat and it can occur in trace quantities in other products.  Given that the regulation doesn’t provide a precise threshold, some EEE manufacturers may decide to implement restrictions and supply chain requirements based on not “intentionally added”.

[1] Environment Canada Guidance on trace amounts of asbestos, https://www.canada.ca/en/environment-climate-change/services/management-toxic-substances/list-canadian-environmental-protection-act/asbestos/trace-asbestos-consumer-products-guidance.html#toc1

[2] Canada Asbestos regulation, https://laws-lois.justice.gc.ca/eng/regulations/SOR-2018-196/FullText.html

During an annual joint Government/EEE Sector WG meeting held on Thursday, November 15, 2018, Environment and Climate Change Canada provided an update on chemical assessments and regulatory developments.  The update includes:

• A general update on the Chemical Management Plan (CMP)
• Chemicals Management Plan: post 2020
• Update on Flame Retardants
• Phthalates
• Update on Mercury Regulations
• Mercury Lamps: National Strategy
• Basel Technical Guidelines for E-Waste
• Zero Plastic Waste Strategy
• Cyanides, and
• Formaldehyde

Most of presentations were updates on the strategies and risk assessment activities currently underway.

In October, Environment Canada published a Notice of Intent (NOI) to amend The Prohibition of Certain Toxic Substances Regulations, 2012 (PCTSR) to further restrict five groups of substances: HBCD, PBDEs, PFOS, PFOA, LC-PFCA and to potentially prohibit DP and DBDPE (pending the outcome of a final screening assessment).

On the topic of phthalate substances, Environment Canada indicated that the risk assessment is expected in mid-2019 and they are not able to provide at this time any insight on whether restrictions might be implemented.

Environment Canada is implementing changes to the Mercury restrictions to align with the Minimata convention and restrictions in other jurisdictions. The consultation document on the changes was published last February. Environment Canada expects to publish the new regulation in 2020 with a 1-year delay in implementation.  They indicated that an exemption is planned for replacement parts.