The U.S. Environmental Protection Agency recommends limiting the use of four major categories of potentially hazardous chemicals.
The U.S. Environmental Protection Agency (EPA) recently announced four categories of chemicals that may pose health and environmental hazards and has taken a series of actions that could ultimately restrict the import of these chemicals. The EPA is exercising its regulatory powers under the Toxic Substances Control Act to take these actions.
Although the Environmental Protection Department (EPD) considers the Toxic Substances Control Act to be outdated and in need of reform, it will still strive to utilize this legislation to achieve its goals of protecting human health and the environment. The EPD stated that it will work to reform the Toxic Substances Control Act to comprehensively assess the safety of chemicals on the market and take effective action to reduce the risks posed by chemicals that do not meet safety standards. A summary of the EPD's recent actions is as follows.
Phthalates: The Environmental Protection Department plans to publish proposed regulations this fall to add the following phthalates to the list of chemicals under section 5(b)(4) of the Toxic Substances Control Act: dibutyl phthalate (DBP), diisobutyl phthalate (DIBP), butyl phthalate benzyl phthalate (BBP), dipentyl phthalate (DnPP), di(2-ethylhexyl) phthalate (DEHP), dioctyl phthalate (DnOP), diisononyl phthalate (DINP), and diisodecyl phthalate (DIDP).
The Environmental Protection Department (EPD) plans to announce a decision in 2012 under Section 6(a) of the Toxic Substances Control Act, bringing the aforementioned eight phthalates under its regulatory scope. The EPD intends to consider the assessment report scheduled for completion by the Consumer Product Safety Commission in 2012, the results of the Food and Drug Administration's ongoing phthalate reviews, and the assessment results of the EPD's Integrated Risk Data System program scheduled for completion in 2011. Ultimately, the EPD may ban some or all of the eight phthalates.
Polybrominated diphenyl ethers (PBDEs): PBDEs are used as flame retardants in a variety of products. The production and import of penta-BDE and octa-BDE were banned in 2004, but these chemicals are still detected in humans and the environment, possibly due to the release of these substances from imported products containing PBDEs. The Environmental Protection Agency (EPA) is also concerned about the impact of deca-brominated diphenyl ether (deca-BDE). Recently, three U.S. companies announced that they would cease the production, import, and sale of most of the deca-brominated diphenyl ether used in the United States by December 31, 2012, and completely phase out deca-brominated diphenyl ether by the end of 2013. The EPA welcomed this decision.
To reduce human and environmental exposure to polybrominated diphenyl ethers (PBDEs), the Environmental Protection Administration (EPA) plans to:
l In late 2010, a proposed regulation was published stipulating that anyone intending to produce or import products containing pentabromodiphenyl ether or octabromodiphenyl ether must notify the Environmental Protection Administration at least 90 days in advance.
l Support and encourage businesses to voluntarily and gradually cease production and import of decabromodiphenyl ether;
l In late 2010, a decision was announced making the following recommendations regarding decabromodiphenyl ether: (1) establishing new use regulations to classify the production and importation of articles containing decabromodiphenyl ether as new uses; (2) establishing testing regulations to determine the impact of activities involving decabromodiphenyl ether on human health or the environment.
This fall, a proposed regulation will be released to add commercially available polybrominated diphenyl ethers to the list of chemicals.
Analysis of alternatives to decabromodiphenyl ether began this spring.
Long-chain perfluorinated chemicals: The Environmental Protection Administration (EPA) plans to develop regulations under Section 6 of the Toxic Substances Control Act to regulate long-chain perfluorinated chemicals. Perfluorinated compounds (PFCs) include two subcategories: perfluoroalkyl sulfonates (PFAS) and perfluorocarboxylic acids (PFAC).
Perfluorinated compounds (PFCs) are used to manufacture non-stick cookware surfaces, breathable membranes for clothing, and oil-resistant coatings for carpets, garments, and paper. These chemicals play an important role in the fire-retardant properties of many products, but they can accumulate in the bodies of humans and animals. Although no major negative effects on humans have been found, the Environmental Protection Agency is concerned that continued exposure to PFCs could increase the burden on the human body to a certain level, ultimately leading to adverse consequences.
If the Environmental Protection Administration finds that fluorinated compounds have negative effects, it may prohibit or restrict the production, import, processing and use of these substances in accordance with Section 6 of the Toxic Substances Control Act.
Short-chain chlorinated paraffins: Only a portion of imported or U.S.-produced short-chain chlorinated paraffins are included in the Toxic Substances Control Act's regulatory list. Therefore, the Environmental Protection Agency (EPA) plans to require companies to notify the EPA in advance before producing short-chain, medium-chain, and long-chain chlorinated paraffins not on the list. If necessary, the EPA will take action under Section 5 of the Toxic Substances Control Act to address the risks posed by short-chain chlorinated paraffins and the potential risks associated with medium-chain and long-chain chlorinated paraffins.
At the same time, the Environmental Protection Department intends to consider taking action under section 6(a) of the Toxic Substances Control Act to prohibit or restrict the production, import, processing, distribution, export and use of short-chain chlorinated paraffins; and to further assess whether the production, processing, distribution, use and/or disposal of medium-chain and long-chain chlorinated paraffins should also be handled under section 6(a).
The Environmental Protection Administration stated that short-chain chlorinated paraffins are used as lubricants and coolants in metal cutting and forming processes, but some breast milk samples from Canada and the United Kingdom, as well as food samples from Japan and Europe, were found to contain these chemicals.
– Reference source: Hong Kong Trade Development Council website, 2010-01-28