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ChemADVISOR's Darlene Susa-Anderson reviews Canada's new HPR 2015 regulation.

The final regulations to implement GHS in Canada were issued in February of this year.  The regulation is known as the Hazardous Products Regulation (HPR) 2015.  The new regulation presents opportunities and challenges to companies who operate in North America.  Darlene will review what is new and how HPR 2015 differs from other regulations.

Also, under the auspices of the Regulatory Cooperation Council, Health Canada in cooperation with United States OSHA recently published two useful guidance documents to clarify WHMIS 2015 requirements titled: Guidance on Disclosure of Ingredient Concentrations and Concentration Ranges on Safety Data Sheets and Comparison of Ingredient Concentration Disclosure and CBI Protection Requirements. We are pleased to provide them to you for your reference.

 

(From the left) Alexis Sumner, Tim Kennedy, Jess & Matt Onyshko, and Ed & Lynne Hartnett attended the 2015 Swing for ALS Golf Outing.

by Tammy J. Murphy

In the 1 August 2015 edition of the Canada Gazette, Part I, Environment Canada, under the Canadian Environmental Protection Act, 1999 (CEPA, 1999), published a “Notice with Respect to Microbeads in Certain Personal Care Applications.”

Per Schedule 1, the Notice applies to “synthetic polymer particles that, at the time of their manufacture, are greater than 0.1 µm and less than or equal to 5 mm in size.” Schedule 2 provides the information regarding “Persons Required to Provide Information” including more detailed requirements for the substances to be notified; Schedule 2 also lists exceptions. Schedule 3 provides the details for the information required to be submitted. It also includes definitions, consumer and commercial codes and descriptions, etc.

The Notice requires that any person meeting the criteria in Schedule 2 submit the required information from Schedule 3 by October 15, 2015, 5:00 pm, EST.

In the same issue of the Canada Gazette, Environment Canada also published a “Notice of Intent to Develop Microbeads Regulations and Publication of a Science Summary Report on Microbeads.” This states that microbeads have been prioritized for review and that the intent is to propose to recommend that microbeads meet the criteria for CEPA “toxic.” The proposed recommendation is to add microbeads to CEPA, 1999, Schedule I, List of Toxic Substances. An overview of the science summary report for microbeads is also provided.

If a substance is determined to be ''toxic,'' as per CEPA 1999, Environment Canada and Health Canada are then responsible for implementing preventive and/or control actions for any or all phases of that substance's ''life cycle.'' This is done to prevent or control the substance's release into the environment. An order adding that substance to the List of Toxic Substances in Schedule I is issued and published in the Canada Gazette. In the 1 August 2015 edition of the Canada Gazette, Part I, a proposed order adding microbeads to CEPA, 1999, Schedule 1 was published. The intention of Environment Canada is to develop regulations prohibiting “the manufacture, import, sale and offer for sale of microbead-containing personal care products that are used to exfoliate or cleanse.” Proposed regulations are not anticipated until 2016.

The full text of the Notices, the science summary report and the proposed amendment should be consulted for complete details. Additional information can be found on Environment Canada’s CEPA Registry site and on the Government of Canada’s Chemical Substances site.

Reference:

Canada Gazette, Part I, August 1, 2015 edition: http://canadagazette.gc.ca/rp-pr/p1/2015/2015-08-01/pdf/g1-14931.pdf

 

by John J. Kowalski, CHMM

Among the most recent Environmental Protection Agency (EPA, the Agency) actions under the Toxic Substances Control Act (TSCA) are the following:

On June 5, 2015, EPA published direct final significant new use rules (SNURs) for 22 chemical substances which were the subject of premanufacture notices (PMNs). Two of these chemical substances are subject to TSCA Section 5(e) consent orders. This action requires persons who intend to manufacture (including import) or process any of these 22 chemical substances for an activity that is designated as a significant new use to notify the Agency at least 90 days before commencing that activity. According to EPA, the required notification will provide the Agency with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs. Written adverse or critical comments, or notice of intent to submit adverse or critical comments, on one or more of these SNURs must be received on or before July 6, 2015. In the absence of such comments, or notice of intent to submit such comments, these SNURs are effective on August 4, 2015.

On June 10, 2015, EPA proposed SNURs for 30 chemical substances which were the subject of PMNs. This action would require persons who intend to manufacture (including import) or process any of these chemical substances for an activity that is designated as a significant new use by these proposed rules to notify the Agency at least 90 days before commencing that activity. According to EPA, the required notification would provide the Agency with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit the activity before it occurs. Comments on these proposed rules must be received on or before July 10, 2015.

On June 15, 2015, EPA published a notice announcing its receipt of test data submitted pursuant to a test rule codified at 40 CFR 799.5089 for Benzene, 1-chloro-4-(trifluoromethyl)-, CAS Registry Number (CAS RN) 98-56-6. The notice provided the uses of the subject chemical and the nature of the test data received, as required under TSCA Section 4(d).

On June 17, 2015, EPA published a notice announcing its receipt of test data submitted pursuant to a test rule codified at 40 CFR 799.5087 for D-gluco-heptonic acid, monosodium salt, (2.xi.)-, CAS RN 31138-65-5, and 2,4-Hexadienoic acid, (E,E)-, CAS RN 110-44-1. The notice provided the uses of the subject chemicals and the nature of the test data received, as required under TSCA Section 4(d).

On June 30, 2015, EPA published a final rule to amend the SNURs for 21 chemical substances which were the subject of PMNs. This action amends the SNURs to allow certain uses without requiring a significant new use notice (SNUN) and extends SNUN requirements to certain additional uses. This final rule is effective August 31, 2015.

Also on June 30, 2015, EPA published a notice of receipt of PMNs, Test Marketing Exemption (TME) applications, and notices of commencement of manufacture or import (NOCs). This notice covered the period from May 1, 2015 to May 29, 2015. It reported the receipt of 50 PMNs, one TME application, and 63 NOCs.

On July 2, 2015, EPA published a notice announcing its receipt of test data submitted pursuant to a test rule codified at 40 CFR 799.5087 for Phosphorochloridothioic acid, O,O-diethyl ester, CAS RN 2524-04-1. The notice provided the uses of the subject chemical and the nature of the test data received, as required under TSCA Section 4(d).

Also on July 2, 2015, EPA extended the comment period on the proposed rule for nanoscale materials from July 6, 2015 to August 5, 2015. See our previous blog articles, “EPA Proposes New Requirements for Nanoscale Materials,” dated 13 April 2015, and “EPA Schedules Public Meeting on Proposed Rule for Nanoscale Materials,” dated 19 May 2015.

On July 14, 2015, EPA published a notice announcing its receipt of test data submitted pursuant to a test rule codified at 40 CFR 799.5087 for D-gluco-heptonic acid, monosodium salt, (2.xi.), CAS RN 31138-65-5. The notice provided the uses of the subject chemical and the nature of the test data received, as required under TSCA Section 4(d).

On July 20, 2015, EPA published a direct final rule to amend the TSCA Section 5 electronic reporting regulations. See our previous blog article, “EPA Publishes TSCA Section 5 Electronic Reporting Rule,” dated 22 July 2015.

On July 22, 2015, EPA proposed to amend the list of chemical substances that are partially exempt from reporting additional information under the Chemical Data Reporting (CDR) rule. More specifically, the Agency proposed to add six chemical substances to the list of chemical substances that are exempt from reporting the information described at 40 CFR 711.15(b)(4). Comments on the proposed rule must be received by EPA on or before September 21, 2015.

Also on July 22, 2015, EPA published a notice announcing its receipt of test data submitted pursuant to a test rule codified at 40 CFR 799.5087 for Phosphorochloridothioic acid, O,O-diethyl ester, CAS RN 2524-04-1. The notice provided the uses of the subject chemical and the nature of the test data received, as required under TSCA Section 4(d).

On July 24, 2015, EPA published a notice announcing its receipt of test data submitted pursuant to a test rule codified at 40 CFR 799.5089 for 1-Propanesulfonic acid, 2-hydroxy-3-(2-propen-1-yloxy)-, sodium salt (1:1), CAS RN 52556-42-0. The notice provided the uses of the subject chemical and the nature of the test data received, as required under TSCA Section 4(d).

References:

Environmental Protection Agency. “Significant New Use Rules on Certain Chemical Substances.” Federal Register 80 (5 June 2015): 32003-32017. http://www.gpo.gov/fdsys/pkg/FR-2015-06-05/pdf/2015-13670.pdf 

Environmental Protection Agency. “Significant New Use Rule on Certain Chemical Substances.” Federal Register 80 (10 June 2015): 32879-32885. http://www.gpo.gov/fdsys/pkg/FR-2015-06-10/pdf/2015-13941.pdf 

Environmental Protection Agency. “Receipt of Test Data Under the Toxic Substances Control Act.” Federal Register 80 (15 June 2015): 34155-34156. http://www.gpo.gov/fdsys/pkg/FR-2015-06-15/pdf/2015-14677.pdf 

Environmental Protection Agency. “Receipt of Test Data Under the Toxic Substances Control Act.” Federal Register 80 (17 June 2015): 34636-34637. http://www.gpo.gov/fdsys/pkg/FR-2015-06-17/pdf/2015-14748.pdf 

Environmental Protection Agency. “Modification of Significant New Uses of Certain Chemical Substances.” Federal Register 80 (30 June 2015): 37161-37166. http://www.gpo.gov/fdsys/pkg/FR-2015-06-30/pdf/2015-15917.pdf

Environmental Protection Agency. “Certain New Chemicals; Receipt and Status Information.” Federal Register 80 (30 June 2015): 37248-37254. http://www.gpo.gov/fdsys/pkg/FR-2015-06-30/pdf/2015-16047.pdf 

Environmental Protection Agency. “Receipt of Test Data Under the Toxic Substances Control Act.” Federal Register 80 (2 July 2015): 38198-38199. http://www.gpo.gov/fdsys/pkg/FR-2015-07-02/pdf/2015-16418.pdf 

Environmental Protection Agency. “Chemical Substances When Manufactured or Processed as Nanoscale Materials, TSCA Reporting and Recordkeeping Requirements; Extension of Comment Period.” Federal Register 80 (2 July 2015): 38153-38153. http://www.gpo.gov/fdsys/pkg/FR-2015-07-02/pdf/2015-16051.pdf 

Environmental Protection Agency. “Receipt of Test Data Under the Toxic Substances Control Act.” Federal Register 80 (14 July 2015): 41040-41041. http://www.gpo.gov/fdsys/pkg/FR-2015-07-14/pdf/2015-17256.pdf 

Environmental Protection Agency. “TSCA Section 5 Premanufacture and Significant New Use Notification Electronic Reporting.” Federal Register 80 (20 July 2015): 42739-42747. http://www.gpo.gov/fdsys/pkg/FR-2015-07-20/pdf/2015-17737.pdf 

Environmental Protection Agency. “Partial Exemption of Certain Chemical Substances From Reporting Additional Chemical Data.” Federal Register 80 (22 July 2015): 43383-43385. http://www.gpo.gov/fdsys/pkg/FR-2015-07-22/pdf/2015-17629.pdf 

Environmental Protection Agency. “Receipt of Test Data Under the Toxic Substances Control Act.” Federal Register 80 (22 July 2015): 43424-43425. http://www.gpo.gov/fdsys/pkg/FR-2015-07-22/pdf/2015-18008.pdf 

Environmental Protection Agency. “Receipt of Test Data Under the Toxic Substances Control Act.” Federal Register 80 (24 July 2015): 44103-44104. http://www.gpo.gov/fdsys/pkg/FR-2015-07-24/pdf/2015-18234.pdf