Toxics Use Reduction Institute
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 August 31, 2016 
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 This is the bi-weekly bulletin of the TURI Library at the University of Massachusetts Lowell. Greenlist Bulletin provides previews of recent publications and websites relevant to reducing the use of toxic chemicals by industries, businesses, communities, individuals and government. You are welcome to send a message to mary@turi.org if you would like more information on any of the articles listed here, or if this email is not displaying properly. 
  
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 Special Issue: Chemicals Policy
  
  
Dear Greenlist Subscriber,   
 We hope you enjoy our special issue with the latest information on domestic and international chemicals policy topics.
 
  Best, Mary
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 The Frank R. Lautenberg Chemical Safety for the 21st Century Act   
Source: U.S. Environmental Protection Agency, August 15, 2016
 
 On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act which amends the  Toxic Substances Control Act (TSCA), the Nation's primary chemicals management law. The new law, which received bipartisan support in both the U.S. House  of Representatives and the Senate, includes much needed improvements  such as: - Mandatory requirement for EPA to evaluate existing chemicals with clear and enforceable deadlines;
 - New risk-based safety standard;
 - Increased public transparency for chemical information; and
 - Consistent source of funding for EPA to carry out the responsibilities under the new law.
  Read more...
  See a full text copy of the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Also see the first year implementation plan for the Act.
  TURI's Note: See our fact sheet on state preemption provisions in the updated TSCA. 
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 10 Things You Need To Know About The New U.S. Chemicals Law  
Source: Ensia, August 29, 2016 Author: Elizabeth Grossman
 
 As Obama noted at the June 22  signing ceremony,  TSCA was supposed to ensure that chemicals used in the U.S. were safe  for human health and the environment. But, said the president, "Even  with the best of intentions, the law didn't quite work the way it should  have in practice." In fact, TSCA allowed the approximately 62,000 chemicals already on  the market when it was passed in 1976 to continue being used without  safety testing. It also placed enormously high hurdles for the EPA to  clear before demonstrating a chemical was hazardous enough to ban.  Even asbestos has failed to meet those  requirements. It was widely agreed, by industry and environmental advocates alike that TSCA was badly in need of revision.  Read more...
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 Public Access to EPA's New Chemical Decisions Welcomed   
Source: Bloomberg BNA - Chemical Regulation Reporter, August 19, 2016 Author: Pat Rizzuto
 
 Aug. 18 -- The Environmental Protection Agency's Web page that posts its new chemical risk conclusions    provides the public some safety assurance, a chemical manufacturer said.
 
  "EPA's posting of its premanufacture notice determinations provides more transparency    for the public.  This is a good step forward for transparency and providing more information    about the safety of materials that are destined for products," Genet Garamendi, senior    vice president for corporate communications, sustainability and government relations    at Solazyme Inc., told Bloomberg BNA by e-mail.
 
  The agency reviewed two chemicals Solazyme designed for use as lubricants, lubricant    ingredients or to make other chemicals, finding that the two chemicals were "not likely    to present an unreasonable risk."
 
  Read more...
  See from Bloomberg BNA - Chemical Regulation Reporter, "Three New Chemicals Can Enter Market: EPA" and from Environmental Defense Fund, "EPA issues first decisions mandated under the new TSCA".
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 Advocacy begins for first substance reviews under new TSCA 
Source: Chemical Watch, July 27, 2016 Author: Kelly Franklin
 
 Stakeholders have begun to weigh in on which substances should  be the first to undergo risk evaluation under the newly reformed TSCA,  and say they will be an early test of the EPA's new authorities.
 
  Under  the recently modernised law, the agency must identify ten substances  from its existing list of workplan chemicals and formally initiate a  risk evaluation of these, within 180 days of enactment -- that is, by 22  December. 
  
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 Brexit vote raises legal questions 
Source: Chemical Watch, June 24, 2016 Author: Geraint Roberts
 
 The result of yesterday's UK referendum in favour of leaving the EU  raises important questions about how UK-based companies' obligations  under REACH will change, say law firms and consultancies.
 
  Unless  the UK decides unilaterally, and in breach of its obligation under the  EU Treaty, to no longer be subject to existing EU Regulation, said  Jean-Philippe Montfort of law firm Mayer Brown, REACH will continue to  apply in the UK until it has left the EU. Once the UK government invokes  these proceedings, the negotiations must be completed within two years.
 
  But  there may also be transition periods after this, said Mr. Montfort,  applying to a range of EU legislation applicable in the UK, including  REACH. And the post-Brexit status of the UK "may well be such that it  will retain application of some EU legislation, such as REACH, as REACH  is currently also applicable in the European Economic Area" [comprising  all the EU member states plus Iceland, Lichtenstein and Norway]. "So, in  principle, Brexit should not affect the REACH 2018 deadline."  Read more...
  See from Burges Salmon, "REACH, chemicals regulation and the referendum vote" and from businessGreen.com, "Poll: UK public backs EU rules for nature protection".
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List of harmonised classifications updated        
 
Source: European Chemicals Agency, August 17, 2016
 
 Helsinki, 17 August 2016 -- The amendment (the ninth  adaptation to technical progress) introduces or updates the harmonised  classifications for 47 substances in the list of harmonised  classification (Annex VI to the CLP Regulation). Two entries have been  deleted, the existing classifications for bisphenol A, among others,  have been revised, and classifications for eight anticoagulant  rodenticide active substances have been updated or introduced.
 
  In  total, new harmonised classifications have been assigned to 26  substances or groups of substances that have not been previously  classified, such as lead in massive or powder form. These changes shall  apply by 1 March 2018, but they can be applied before this date on a  voluntary basis.
 
  
Companies have to comply with the new  requirements from 1 March 2018 onwards. This means also that existing  classifications and REACH registrations should be updated with the new  information by this date.
 
  
Read more...See the ninth adaptation to technical progress  here.   |  
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 FDA agrees to reconsider safety of ortho-phthalates 
Source: Environmental Defense Fund, April 13, 2016 Author: Tom Neltner
 
 Yesterday, the Food and Drug Administration (FDA)  agreed to consider withdrawing its approvals of 30 food additives known as  ortho-phthalates from use in food packaging and food handling  equipment.  The chemicals are in a class of chemically- and  pharmacologically-related substances used as plasticizers, binders,  coating agents, defoamers, gasket closures, and slimicide agents to  process and package food. The agency allows them to be used in  cellophane, paper, paperboard, and plastics that come in contact with  food. All of the chemicals were approved by the agency before 1985.   Pursuant to  21 U.S.C. 321(s),  chemicals that are reasonably expected to get into food from their  intentional use in materials contacting food are considered "food  additives." FDA acted in response to a  food additive petition submitted by the Natural Resources Defense Council, Center for Science  in the Public Interest, Center for Environmental Health, Center for Food  Safety, Clean Water Action, Consumer Federation of America,  Earthjustice, Environmental Defense Fund, Improving Kids' Environment,  and Learning Disabilities Association of America -- groups all concerned  by the adverse health effects of ortho-phthalates at the levels  typically seen in food. Academic studies have linked some of these  chemicals to various reproductive, developmental and endocrine health  problems. In fact, every ortho-phthalate that has been studied for these  types of health effects has been found to pose a risk. From  lower IQ in young children to  malformation of the male genital tract,  the evidence of health effects in humans continues to grow. But, with  more than half of the 30 chemicals lacking any published safety data,  the full extent of the threat remains unclear. Several  reports have found numerous ortho-phthalates in everyday food. While  these chemicals are used in many consumer products other than food, the  primary source of exposure appears to be food, presumably from their FDA-approved use in food packaging and handling equipment.  Read more...
  See the U.S. FDA page on Phthalates in cosmetics. Also see the U.S. Consumer Product Safety Commission page on Phthalates.  
  Also see the March 18, 2016 Food Additive Petition regarding 30 ortho-phthalates submitted to FDA pursuant to 21 USC § 348. The comment period on the petition has been extended to September 19, 2016.
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 California Kids Have Higher Levels Of Flame Retardant Chemicals In Bodies Than East Coasters 
Source: CBS SF Bay Area, July 11, 2016 Author: Julie Watts
 
 (KPIX 5) -- Just weeks after congress passed a law giving the  Environmental Protection Agency more power to ban harmful chemicals, a  new study demonstrates just how much chemical regulations can impact the  health of our nation's youth.
 
  
EWG found that children in California have twice the levels of  concerning flame retardants in their bodies as kids on the East Coast.   The study, published in 
Environment International today, links  the increased levels in California kids to a recently-revised California  flammability regulation that for decades led to added flame retardants  in products sold in the state. 
  Read more...
  See article from Environmental Working Group, "California Policy Linked to Higher Flame Retardant Exposures: Full Report".
  See study in Environment International, "Regional comparison of organophosphate  flame retardant (PFR) urinary metabolites and tetrabromobenzoic acid  (TBBA) in mother-toddler pairs from California and New Jersey".
  Also see study in Environmental Science and Technology, "Metabolites of Organophosphate Flame Retardants and 2-Ethylhexyl Tetrabromobenzoate in Urine from Paired Mothers and Toddlers".
  See from the Boston Fire Department, "Regulation of Upholstered Furniture: BFD IX-10" and from Silent Spring Institute, "Boston changes fire code to allow furniture free of flame retardants in public spaces".
  Also see a fact sheet from the Natural Resources Defense Council (NRDC), "New Labels Expose Toxic Couch Chemicals", and from Washington Toxics Coalition, "Toxic Flame Retardants Are Still Hiding In Plain Sight In Home Furniture".
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 Proposed prioritization approach for nanoscale forms of substances on the Domestic substances list  Source: Environment and Climate Change Canada, July 27, 2016
 
 The [Chemicals Management Plan] (CMP) is a comprehensive Government of Canada initiative aimed at  reducing the risks posed by substances to Canadians and their  environment. The plan includes measures to assess and manage new and  existing substances, integrate government activities involving different  laws governing chemicals, provide government accountability and support  industry's role in proactively identifying and safely managing the  substances they produce and use.
 
  Since its launch in 2006, the  first two phases of the CMP have made significant progress in addressing  over 2,700 existing substances, as well as assessing some additional  4,500 notifications for new substances prior to their introduction into  the Canadian market. The third phase of the CMP will focus on addressing  the remaining substances on the [Domestic Substances List] (DSL) (approximately 1,550) as well as the  nanoscale forms of some existing substances, and will pursue actions  required to manage some substances assessed under the first two phases.  For more information on the CMP, please visit the Chemical Substances website.
  The  government of Canada plans to build on the successes and lessons  learned from the first 2 phases of the CMP in incorporating an approach  to prioritize nanomaterials on the DSL for risk assessment.
 
    See the Consultation Document, "Proposed Approach to Address Nanoscale Forms of Substances on the Domestic Substances List".
  Also see from U.S. Environmental Protection Agency, "Control of Nanoscale Materials under the Toxic Substances Control Act", and from Bergeson and Campbell PC, "TSCA: EPA Opens Docket for Proposed TSCA Section 8(a) Rule for Nanomaterials".
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 U.S. State Chemicals Policy Database Source: Interstate Chemicals Clearinghouse, 2014
 
 The database can be searched by state, region, status (e.g., enacted, proposed, and failed),  policy category (e.g., pollution prevention, single-chemical restriction), chemical,  and product type (e.g., children's products, cleaning products). ... 
While the database is fairly extensive, there are many gaps -- especially for pre-2007 proposed legislation. The database is not meant to be a comprehensive guide to legislation and regulations in a given state. For a comprehensive source of state laws and regulations, always consult the relevant state authorities.
 
  
 Read more...
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 NC State research reveals severe lack of personal care product regulation    
Source: Technician, August 22, 2016 Author: Carolyn Thomson
   
Personal care  products from face washes and perfumes to lotions and deodorant become  part of nearly automatic routines, but with the lack of  cosmetic/personal care product regulation in the U.S., these products  could potentially cause unwanted effects on the body.
 
  
 
Heather Patisaul,  an associate professor of biology at NC State, studies substances known  as endocrine disruptors as part of her work and research.
 
  
 Endocrine disruptors are chemicals that can  interfere with the body's endocrine system (hormones) and cause  developmental, neurological and reproductive issues.
 
  Patisaul's lab studies the ways in which  endocrine disruptors can affect brain development, especially areas of  the brain that are sexually dimorphic, or areas of the brain that  control different functions for sexes.
 
  These chemicals can be found in cosmetics, which  are classified as anything applied to the human body for cleansing,  beautifying, promoting attractiveness or altering one's appearance. This  is not the case everywhere. The European Union has cosmetics  legislation that requires that all products marketed in the EU must  first be registered in the Cosmetic Products Notification Portal (CPNP)  before being placed on the market.  Read more...
  See a page with information on EU's cosmetics regulation and related resources.
  Also see link for the California Safe Cosmetics Program Product Database.
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 Greenlist Bulletin is compiled by:
  
Mary Butow
  
Research and Reference Specialist
  
Toxics Use Reduction Institute
  
University of Massachusetts Lowell
  
600 Suffolk Street, Wannalancit Mills Suite 501
  
Lowell, MA 01854-2866
  
978-934-4365
  
978-934-3050 (fax)
  
mary@turi.org
  
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