Chemical Processing - March 2008 - (Page 19)

COMPLIANCE ADVISOR << Concern grows over products containing lead ePA rule requires chemical manufacturers, processors to submit lists A finAl rule (73 fed. reg. 5109) to Address concerns with children’s products containing lead was issued January 29, by the u.s. environmental Protection Agency (ePA). the new rule raises important business and legal implications for consumer product importers and the chemicals industry. Lists must be submitted the rule, issued under the toxic substances Control Act (tsCA) section 8(d), authorizes ePA to require manufacturers (including importers) and processors of chemical substances and mixtures listed under tsCA section 8(d) to submit lists of ongoing health and safety studies relating to the listed substances being conducted by or for their companies, and unpublished health and safety studies known to them, but of which they don’t have copies. ePA explained that manufacturers and importers of consumer products are subject to tsCA section 8 reporting requirements. in guidance prompted by the litigation, ePA clarified the circumstances under which substantial risk notification reporting under tsCA section 8(e) could be required in connection with products containing lead and intended to be used by children. specifically, ePA states that a tsCA section 8(e) notification is required if an entity obtains information regarding a previously unknown and significant human exposure to a chemical known to cause serious health effects, such as absorption of a chemical “from manufactured products or articles,” or the presence of a previously unknown hazardous or toxic constituent in a product, including “manufactured articles” (www.epa.gov/oppt/tsca8e/pubs/frequent lyaskedquestionsfaqs.htm#health2). Key points the rule focuses on persons not generally addressed in tsCA rulemakings, namely consumer product importers and distributors. Because noncompliance could expose an entity to stiff monetary penalties, interested parties should be aware of their tsCA obligations, that its reach is broad and that tsCA can cover consumer product manufacturers. the rule also illustrates how tsCA section 21 petition provisions can be used by citizens to bring public attention on an issue, in this case lead-bearing products intended for use by children. More recently, for example, the sierra Club and other public interest groups filed a petition requesting ePA to take action based on the citizens’ belief that the presence of certain chemical ingredients in air freshener formulations should be disclosed on product labeling. tsCA section 21 could become popular with citizen groups seeking regulatory change. in that this is an election year, there’s reason to believe that section 21 may increasingly be used to draw attention to consumer products with significant chemical components. While ePA may not always grant the relief requested, the submission of the petition itself, as well as tsCA’s requirement that ePA address the petition one way or another, make section 21 a useful platform to promote causes and bring public pressure to bear on particular chemical substances. CP By Lynn Bergeson, regulatory editor. She is managing director of Bergeson & Campbell, P.C., a Washington, D.C.-based law firm that concentrates on chemical industry issues. Contact her at lbergeson@putman.net. The views expressed herein are solely those of the author. This column is not intended to provide, nor should be construed as, legal advice. March 2008 • 19 Noncompliance with a TSCA reporting rule could lead to stiff monetary penalties. It adds “lead and lead compounds” as a category to the list of chemicals subject to tsCA section 8(d). ePA added this category to its Priority testing list in response to an interagency testing Committee recommendation in its 60th report (72 fed. reg. 41414, July 27, 2007). the new tsCA section 8(d) rule specifically requires entities that have manufactured or imported a children’s product containing lead or lead compounds within the 10-year period preceding february 28 to submit to ePA within 60 days a list and copies of all unpublished health and safety studies in their possession that relate to the lead content of the product (excluding children’s metal jewelry, as described by the Consumer Product safety Commission (72 fed. reg. 920, Jan. 9, 2007) or assess children’s exposure to lead from such products. other requirements apply so carefully review the new rule. importers are “most likely to have the type of health and safety studies ePA is seeking,” says the notice. ePA is seeking the studies largely in response to a sierra Club petition to tsCA section 21 urging ePA to, among other things, take certain risk mitigation measures to protect children from lead exposures. ePA didn’t grant the petition and the sierra Club sued. www.chemicalprocessing.com http://www.epa.gov/oppt/tsca8e/pubs/frequentlyaskedquestionsfaqs.htm#health2 http://www.epa.gov/oppt/tsca8e/pubs/frequentlyaskedquestionsfaqs.htm#health2 http://www.chemicalprocessing.com

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Chemical Processing - March 2008 Contents From the Editor ChemicalProcessing.com Field Notes In Process Energy Saver Compliance Advisor Distillation is Bubbling Feel Secure About Vulnerability Assessments The Door Opens For Membranes Achieve Effective Heat Exchanger Control Epoxy Maker Finds the Right Glue for Its Business Process Puzzler Plant InSites Equipment & Services Product Spotlight/Classifieds Ad Index End Point

Chemical Processing - March 2008

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