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European Court Decides on Nickel, Borates
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In a decision closely watched by the NASF, the European Court of Justice in July issued decisions on two chemicals cases—it confirmed the validity of the European Union’s recent classification of more than 100 nickel compounds as carcinogens, mutagens and reproductive toxicants, and ruled substances containing borates as reproductive toxicants. North American finishing industry leaders are troubled by the decision’s implications for North American regulation of nickel.
The Nickel Institute, which took the case to Europe’s highest court, noted its disappointment with the decision. “While we are disappointed in the judgment of the European Court of Justice, we welcome the court’s recognition that this is a complex technical and legal context in a continuous state of flux,” says Dr. Kevin Bradley, Nickel Institute President.
“We will continue to advocate globally for sound science as the basis for regulation. As the nickel compounds in question are used in industrial processes under controlled conditions, the public is not exposed to them,” he adds. Eurometaux, the European Metals Association, expressed concern as well, arguing that the inappropriate methodology used to classify nickel compounds could set a serious precedent for the classification of all metals.
NASF members can access presentations on nickel issues here.
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NASF Cautions EPA on Cr6 Limits
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Despite White House assurances of relieving business from needlessly burdensome regulations, EPA has told NASF it aims to move ahead on lowering current Cr6 emission standards by 50 to 70 percent for U.S. surface finishing operations. NASF met with agency officials this month in North Carolina to discuss the need for tighter Cr6 air limits, particularly in light of a determination last fall by EPA and the White House Office of Management and
Budget that U.S. finishing does not pose a significant public health risk.
EPA had been working toward a court-ordered deadline to finalize the proposed changes by June 30, 2011. However, the Agency dramatically changed course over the summer. Federal air officials argue that given the industry’s success in controlling emissions, more stringent emissions limits and surface tension levels are justified based on existing control technologies.
NASF is currently in the process of collecting data and other technical information regarding the control of hexavalent chromium emissions, consulting with industry experts, and assessing the potential impact of EPA’s recommended approach to the Chromium Electroplating MACT standard, including a significant economic impact on many small businesses. The industry will continue to meet with EPA officials in the coming weeks to discuss whether the proposed regulation – scheduled for release in early 2012 – is based on reliable and accurate information.
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NASF Joins North American Metals Council
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The output of federal regulations has reached historic levels, and metals and metal compounds are getting significant regulatory attention. To strengthen NASF’s response and effectiveness on behalf of its members, the NASF has joined the North American Metals Council, a group of metals producers and users representing a wide range of interests and industries across the value chain.
The group was formed to provide a stronger, collective voice for the metals industry on significant science and policy-based issues that affect metals NASF will collaborate more closely with the group’s 23 members, which include: the American Zinc Association, the Nickel Institute, the Copper Development Association, the Aluminum Association, the International Molybdenum Association, the Cadmium Association and others.
“There are more challenges than ever for the metals industry, and promoting the best science possible to inform regulatory decisions is an absolute necessity,” says Tony Revier, president of NASF. “This is an important step to ensure we coordinate effectively with the many sectors we touch in the surface finishing industry.”
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Reminder: DEA Targets Hypophosphite Salts |
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NASF continues discussions with DEA officials in Washington over its new rule and fees for federal registration of chemical mixtures containing hypophosphite salts in concentration greater than 30 percent.
DEA acted because these chemicals can be used in the illicit manufacture of methamphetamine, a federally regulated controlled substance. In 2001, the DEA added hypophosphite salts to the list of regulated substances – mixtures were exempt until the DEA’s recent action.
NASF has received inquiries on the new regulation that provided for a temporary exemption to the registration requirements, if an application was submitted to DEA prior to July 5, 2011. Requests have been submitted for additional flexibility regarding this timeframe. Companies subject to the new rule have been urged to submit an application for registration as soon as possible.
Additional information on these new regulatory requirements and the applicable registration forms can be found at the DEA website: www.deadiversion.usdoj.gov. If you have any questions or need additional information, please contact Jeff Hannapel at jhannapel@thepolicygroup.com.
NASF had been in communication with DEA prior to the issuance of the regulation, as well as more recently on registration and requests for flexibility for companies submitting after July 5, 2011, and can provide assistance.
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New Reports Released on Federal Chemicals Reform |
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Senator Frank R. Lautenberg (D-NJ) has introduced the Safe Chemicals Act of 2011 (S. 847), which is intended to modernize Toxic Substances Control Act (TSCA). The measure would require chemical companies to demonstrate the safety of industrial chemicals and the U.S. Environmental Protection Agency to evaluate safety based on the best available science.
The Congressional Research Service (CRS) has released two reports on TSCA. The report summarizing the TSCA law and its major requirements is available online, and the report comparing the recently introduced TSCA reform legislation with existing TSCA requirements is available online.
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EPA Announces Chemical Data Reporting Rule
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EPA announced on August 2, 2011, the final Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) Rule, previously referred to as the Inventory Update Reporting (IUR) Modifications Rule. The CDR is intended to enable EPA to collect and publish information on the manufacturing, processing, and use of commercial chemical substances and mixtures on the TSCA Chemical Substance Inventory (TSCA Inventory).
This includes current information on chemical substance production volumes, manufacturing sites, and how the chemical substances are used. According to EPA, this information helps it determine whether humans or the environment potentially are exposed to reported chemical substances in ways that could prove harmful.
EPA will publish submitted CDR data that are not confidential business information (CBI). The final CDR Rule amends the previous IUR Rule to require submission of information that EPA believes will better address its and the public's information needs, improve the usability and reliability of the reported data, and ensure that data are available in a timely manner.
EPA is requiring electronic reporting of CDR information and modifying reporting requirements, including certain circumstances that trigger reporting, the specific data to be reported, the reporting standard for processing and use information, and CBI reporting procedures.
The CDR Rule establishes the upcoming submission period, which will be from February 1, 2012, to June 30, 2012, and which will include submission of production information from 2010 and production, processing, and use information from 2011. The CDR Rule will be effective 30 days after publication in the Federal Register.
EPA notes the name change from IUR to CDR "is intended to better reflect the distinction between the next data collection (which includes exposure-related data) and the TSCA Inventory itself (which only involves chemical identification information)." EPA states that identifying the next data collection as "CDR" will make it easier for the public to understand what information is available to them through the data collection effort.
EPA reportedly modified the IUR Rule to meet four primary goals:
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Tailor the information collected to meet better EPA's general information needs
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Increase its ability to provide effective public access to the information
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Obtain new and updated information relating to potential exposures to a subset of chemical substances listed on the TSCA Inventory
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Improve the usefulness of the information reported.
More information is available by contacting Jeff Hannapel at NASF Government and Industry Affairs (jhannapel@thepolicygroup.com).
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Latest: California's 20 PPT Cr6 Public Health Goal
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The California Office of Environmental Health Hazard Assessment (OEHHA) announced the publication of the final technical support document for a new public health goal (PHG) for hexavalent chromium in drinking water. The PHG is a level of drinking water contaminant at which adverse health effects are not expected to occur from a lifetime of exposure.
The PHG for hexavalent chromium is established at 0.02 parts per billion (ppb). The health-protective level is based on avoidance of potential carcinogenic effects.
Q. What is a Public Health Goal?
A. A PHG is not a regulatory standard. It is only one step in the process of developing an enforceable standard that is set by the California Department of Public Health for drinking water that public water systems must meet. The 0.02 parts per billion chromium 6 PGH is the estimated “one in one million” lifetime cancer risk level. This means that for every million people who drink two liters of water with that level of chromium 6 daily for 70 years, no more than one person would be expected to develop cancer from exposure to chromium 6.
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OSHA Changes Whistleblower Protection Program |
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In a continuing effort to improve the Whistleblower Protection Program, the U.S. Department of Labor’s Occupational Safety and Health Administration announced that it is implementing additional measures to strengthen the program and is releasing an internal report detailing a recent top-to-bottom review of the program. OSHA enforces the whistleblower provisions of 21 statutes protecting employees who report violations of various workplace safety.
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IRS Issues Health Care Law Guidance for Employers
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The Internal Revenue Service said in August it will develop new rules that will make it easier for employers to determine if their health care plans are “affordable” and exempt from a stiff financial penalty mandated by the health care reform law. Under the law, starting in 2014, employers are liable for an annual $3,000 penalty for those employees whose required health insurance premium contribution for single coverage exceeds 9.5 percent of family income and the employees are eligible for federal premium subsidies to buy coverage through state insurance exchanges.
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This email was sent to you by the National Association for Surface Finishing. To learn more about, support or join the National Association for Surface Finishing, call 202-457-8404; email Phil Assante, Jeff Hannapel or Christian Richter; or visit www.nasf.org.
© Copyright 2011. National Association for Surface Finishing.
All rights reserved.
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March 10-15, 2012
