USA – Reporting Requirements for Nanomaterials

The U.S. EPA is proposing a regulation that will require organizations in the US that manufacture or process nanomaterials to submit reports to the EPA. The EPA expects that this will provide information that it needs to facilitate risk assessment and risk mitigation. The following WTO notification provides a general overview of the proposed requirement.

EPA is proposing reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale as described in this rule. Specifically, EPA proposes to require persons that manufacture (defined by statute to include import) or process, or intend to manufacture or process these chemical substances to electronically report to EPA certain information, which includes the specific chemical identity, production volume, methods of manufacture and processing, exposure and release information, and existing data concerning environmental and health effects. This proposal involves one-time reporting for existing nanoscale materials and one-time reporting for new discrete nanoscale materials before they are manufactured or processed. This information would facilitate EPA’s evaluation of the materials and a determination of whether further action, including additional information collection, is needed. Consistent with the President’s memorandum for Executive Agencies regarding Principles for Regulation and Oversight of Emerging Technologies, this proposed rule would facilitate assessment of risks and risk management, examination of the benefits and costs of further measures, and making future decisions based on available scientific evidence.

The comment period is open until July 6, 2015. Information about submitting a comment is provided with the notification in the federal register.

The EEE industry has been a growing user for nanomaterials, providing beneficial properties in products (including many EEE components).

Principal Consultant of ECD Compliance named as IEEE 1680.1 WG Chair

On April 18, 2015, the IEEE Computer Society Standards Activity Board appointed Walter Jager, principal consultant of ECD Compliance, as the chair of IEEE P1680.1 working group (WG). P1680.1 is undertaking the update of the IEEE 1680.1-2009 standard on “Standard for Environmental Assessment of Personal Computer Products, Including Notebook Personal Computers, Desktop Personal Computers, and Personal Computer Displays”. The standard is used by the EPEAT registry internationally assisting governments and private sector purchasers in identifying computer products that have a reduced impact on the environment.

Paul Eastman, Sponsor Chair – SAB Special Projects, made the annoucement saying, “I am confident that the Working Group will move forward with speed and confidence under his leadership.”

RoHS Exemption 7(b) Renewal Request is Withdrawn

Renewal of EU RoHS exemption 7(b) “Lead in solders for servers, storage and storage array systems, network infrastructure equipment for switching, signalling, transmission, and network management for telecommunications” has had very little support from large multi-national equipment manufacturers and is destined to quietly expire on July 21, 2016.

Quintech Electronics & Communications, Inc. submitted a renewal request for a modified 7(b) exemption with a reduced scope “Lead in solders for RF switching matrices and associated RF signal distribution equipment for telecommunications”, However, the consultants conducting the review notified stakeholders on April 9th, 2015 that the renewal request was withdrawn by the applicant.

There are no remaining renewal requests for exemption 7(b) and therefore, the exemption, which has been a mainstay of the communications, telecommunication, and server equipment industries since 2006, will disappear next July. Once expired, it will not longer be possible for manfucturers, importers and distributers to claim the exemption for products being placed on the EU market except for spare parts to repair old products.

EU – Update on RoHS Exemption Renewals

The European Commission received 87 RoHS Annex III exemption renewal requests before the January 21, 2015 deadline. Most of the renewal requests were based on proposals developed by industry association working groups. The exemptions will expire on July 21, 2016 for most products unless the renewal applications are successful. For some exemptions, multiple renewal requests were submitted by different stakeholders. The requests will be put through the review and stakeholder consultation over the coming months to determine whether the renewals are justified according to the criteria specified in the Directive.

For most of the renewal requests, the proposal is to simply renew the existing wording of the exemption; for a few exemptions, modified wording is proposed. The Annex III exemptions that are due for expiry and have no exemption renewal request (as of January 21, 2015) are listed in Table 2.

Table 2: Exemptions with no renewal request by January 21, 2015

Index	Title
2(b)(2)	Mercury in other fluorescent lamps not exceeding (per lamp):Non-linear halophosphate lamps (all diameters): 15 mg
5(a)	Lead in glass of cathode ray tubes
17	Lead halide as radiant agent in high intensity discharge (HID) lamps used for professional reprography applications
25	Lead oxide in surface conduction electron emitter displays (SED) used in structural elements, notably in the seal frit and frit ring
30	Cadmium alloys as electrical/mechanical solder joints to electrical conductors located directly on the voice coil in transducers used in high-powered loudspeakers with sound pressure levels of 100 dB (A) and more
31	Lead in soldering materials in mercury free flat fluorescent lamps (which e.g. are used for liquid crystal displays, design or industrial lighting)
33	Lead in solders for the soldering of thin copper wires of 100 micrometer diameter and less in power transformers
38	Cadmium and cadmium oxide in thick film pastes used on aluminium bonded beryllium oxide

Four renewal requests received by the Commission are already underway and the public consultation is scheduled to begin in March. A summary of the renewal requests and the project is available on the project website. The project (referred to as Pack 7) is expected to complete in September 2015.

Impact on Manufacturers

If the renewal of an Annex III exemption that you are currently using is not successful or if the scope of the exemption is narrowed whereby your products/applications are no longer covered, the expiry may have a significant technical and business impact on your organization. If the expired exemption was used by your suppliers, the suppliers may need to design out the restricted substance. However, given the R&D investment to do so, some suppliers may discontinue parts that do not have sufficient business justification. If parts are discontinued, then OEMs will need to identify and qualify substitutes.

If the restricted substance is directly specified by your organization (for example in a material specified on a mechanical drawing or during manufacturing operations); then redesign will be necessary to eliminate the restricted substance.

Regardless of whether the exemption is used by a supplier or in your product design specifications, your organization will need to update its RoHS technical documentation file to demonstrate that the exemption is no longer being used.

Updates

The renewal request for exemption 7(b) was withdrawn on April 9, 2015. See blog article RoHS Exemption 7(b) Renewal Request is Withdrawn

U.S. Executive Order — Federal Purchasing and Sustainability Requirements

On March 19, 2015, the U.S. President, Barack Obama, signed Executive Order 13693 for advancing sustainability objectives in the U.S. Federal Government. The Executive Order specifies requirements on Policy, Greenhouse Gas Emission Reductions, Sustainability Goals for Agencies, and Duties of various Federal government offices and officers. The Executive Order is available on the Whitehouse website.

Of specific interest to many EEE manufacturers that sell products to the U.S. government is subsection 3(i) that directs federal purchasing to sustainable products (excerpted below).

3(i) promote sustainable acquisition and procurement by ensuring that each of the following environmental performance and sustainability factors are included to the maximum extent practicable for all applicable procurements in the planning, award, and execution phases of the acquisition by:

(i) meeting statutory mandates that require purchase preference for:

(A) recycled content products designated by EPA;

(B) energy and water efficient products and services, such as ENERGY STAR qualified and Federal Energy Management Program (FEMP)-designated products, identified by EPA and the Department of Energy (DOE); and

(C) BioPreferred and biobased designated products designated by the United States Department of Agriculture;

(ii) purchasing sustainable products and services identified by EPA programs including:

(A) Significant New Alternative Policy (SNAP) chemicals or other alternatives to ozone-depleting substances and high global warming potential hydrofluorocarbons, where feasible, as identified by SNAP;

(B) WaterSense certified products and services (water efficient products);

(C) Safer Choice labeled products (chemically intensive products that contain safer ingredients); and

(D) SmartWay Transport partners and SmartWay products (fuel efficient products and services);

(iii) purchasing environmentally preferable products or services that:

(A) meet or exceed specifications, standards, or labels recommended by EPA that have been determined to assist agencies in meeting their needs and further advance sustainable procurement goals of this order; or

(B) meet environmental performance criteria developed or adopted by voluntary consensus standards bodies consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (Public Law 104-113) and OMB Circular A-119;

(iv) acting, as part of the implementation of planning requirements of section 14 of this order, until an agency achieves at least 95 percent compliance with the BioPreferred and biobased purchasing requirement in paragraph (i) of this subsection, to:

(A) establish an annual target for the number of contracts to be awarded with BioPreferred and biobased criteria and dollar value of BioPreferred and biobased products to be delivered and reported under those contracts in the following fiscal year. To establish this target, agencies shall consider the dollar value of designated BioPreferred and biobased products reported in previous years, the specifications reviewed and revised for inclusion of BioPreferred and biobased products, and the number of applicable product and service contracts to be awarded, including construction, operations and maintenance, food services, vehicle maintenance, and janitorial services; and

(B) ensure contractors submit timely annual reports of their BioPreferred and biobased purchases; and

(v) reducing copier and printing paper use and acquiring uncoated printing and writing paper containing at least 30 percent postconsumer recycled content or higher as designated by future instruction under section 4(e) of this order;

The requirements specified in this subsection replaces the previous Executive Order 13423 of January 24, 2007 which directed federal agencies to purchase IT products that were EPEAT registered.

Federal Acquisition Regulations (FAR) that provide specifications, standards, or labels that meet the requirements will need to be developed. This has the potential to bring many other types of EEE products within scope of sustainability requirements.

ECD Compliance will be tracking the implementation of this Executive Order and will provide updates when new information becomes available.

[1] Executive Order: https://www.whitehouse.gov/the-press-office/2015/03/19/executive-order-planning-federal-sustainability-next-decade

Environment Canada Proposes Restriction of HBCD, PFOA, LC-PFCAs, PBDEs, and PFOS

Proposed Regulations Amending the Canadian Prohibition of Certain Substances Regulations, 2012 were published on April 4, 2015. The proposed amendment adds five substances to the Prohibition Regulations, including the substances:

hexabromocyclododecane (HBCD);
perfluorooctanoic acid, its salts, and its precursors (PFOA);
perfluorocarboxylic acids, their salts, and their precursors (LC-PFCAs);
olybrominated diphenyl ethers (PBDEs); and
perfluorooctane sulfonate and its salts and its precursors (PFOS).

These substances have known uses in a variety of consumer and commercial products including several types of electrical and electronic products. The proposed regulations are available in the Canadian Gazette, part 1. A public comment period is open from April 4, 2015 to June 18, 2015.

In general, the substance restrictions take effect immediately at the coming into force of the regulation. Temporary exemptions and long-term permitted uses have been specified for specific applications for some of the substances.

Contact ECD Compliance for additional information on the proposed regulations and impact of these regulations on your products.

EU – Renewal Proposal for RoHS Exemption 7(b) Withdrawn

The consultants that are assessing the EU RoHS exemption renewal applications have notified stakeholders that the renewal application for exemption 7(b) (which had been submitted with a reduced scope of “Lead in solders for RF switching matrices and associated RF signal distribution equipment for telecommunications”) has been withdrawn by the applicant.

The European Commission intends to close the related renewal procedure and removed the proposal from the current stakeholder consultation.

Canada – Proposal to Restrict Five Substance Groups

Environment Canada has published proposed regulations to restrict the manufacture, sale and use of the five substances listed below. The “Proposed Regulations Amending the Canadian Prohibition of Certain Substances Regulations, 2012” were published on April 4, 2015 in the Canada Gazette Part I. The proposed amendment adds five substances to the Prohibition Regulations, including the substances:

hexabromocyclododecane (HBCD);
perfluorooctanoic acid, its salts, and its precursors (PFOA);
perfluorocarboxylic acids, their salts, and their precursors (LC-PFCAs);
olybrominated diphenyl ethers (PBDEs); and
perfluorooctane sulfonate and its salts and its precursors (PFOS).

These substances have known uses in a variety of consumer and commercial products including several types of electrical and electronic products. A public comment period is open from April 4, 2015 to June 18, 2015.

In general, the substance restrictions take effect immediately after the coming into force of the regulations. Temporary exemptions and long-term permitted uses have been specified for specific applications for some of the substances.

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