Alternative Refrigerants Approved Under SNAP Program

The U.S. Environmental Protection Agency (EPA) has added three hydrocarbons as acceptable alternatives in household and small commercial refrigerators and freezers through EPA’s Significant New Alternatives Policy (SNAP) program. The three hydrocarbon refrigerants approved as acceptable substitutes, with use conditions, are propane, isobutane, and a chemical known as R-441A. These newly-approved refrigerants can be used to replace ozone-depleting chlorofluorocarbon (CFC)-12 and hydrochlorofluorocarbon (HCFC)-22 in household refrigerators, freezers, combination refrigerator-freezers, and commercial stand-alone units.

Under the Clean Air Act, the SNAP program evaluates substitute chemicals and technologies for ozone-depleting substances (ODS). SNAP is globally recognized as the only program designed specifically to evaluate substitutes for ODS and to focus on the industrial sectors that use them.

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Previously Confidential TSCA Studies Released To Public

U.S. Environmental Protection Agency (USEPA) is making available to the public hundreds of studies on chemicals that had been treated as confidential business information (CBI) as part of the agency plan to make public the chemicals that are not entitled to CBI status. Since 2009, 577 formerly confidential chemical identities are no longer confidential and more than 1,000 health and safety studies are now accessible to the public that were previously unavailable or only available in limited circumstances.

In 2010 EPA issued new guidance outlining the agency’s plans to deny confidentiality claims for chemical identities in health and safety studies under the federal Toxic Substances Control Act (TSCA) that are determined to not be entitled to CBI status. EPA has been reviewing CBI claims in new and existing TSCA filings containing health and safety studies.

Consistent with the 2010 guidance, the agency will request that the submitter voluntarily relinquish the CBI claims and make the newly available studies available to the public. EPA also asked the chemical industry to voluntarily make available information that was previously classified as CBI. According to EPA, to date more than 35 companies have agreed to review previously submitted filings containing health and safety studies and determine if any CBI claims may no longer be necessary.

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Healthy Indoor Environment Protocols for Home Energy Upgrades

The U.S. Environmental Protection Agency (EPA) has released its "Healthy Indoor Environment Protocols for Home Energy Upgrades". This guidance document will provide the home energy industry the ability to identify, manage, and reduce health risks during home energy upgrades, retrofits or remodeling.

EPA’s new protocols describe a step-by-step process for conducting assessments to evaluate indoor air conditions and the potential for risks that may arise during residential energy upgrades. The protocols include recommended minimum specifications and best practices to maintain or improve indoor air quality.

The protocols serve as a companion document to the U.S. Department of Energy’s (DOE) guidelines for Home Energy Professionals. The DOE guidelines are intended to foster the growth of a skilled work force that will increase the homeowner’s confidence in the retrofit industry and increase the demand for home energy retrofits. Together, the DOE guidelines and EPA protocols will help facilitate increased home energy efficiency, improve the quality of work performed and provide healthier homes.

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Final Study Plan To Assess Hydraulic Fracturing

U.S. Environmental Protection Agency (EPA) has released its final research plan on hydraulic fracturing. At the request of Congress, EPA is researching the potential impacts of hydraulic fracturing on drinking water resources.

In March 2010, EPA announced its intention to conduct the study in response to a request from Congress. The agency then held a series of public meetings to receive input from states, industry, environmental and public health groups, and individual citizens. In addition, the study was reviewed by the Science Advisory Board (SAB), an independent panel of scientists, to ensure the agency conducted the research using a scientifically sound approach.

The initial research results and study findings will be released to the public in 2012. The final report will be delivered in 2014. To ensure that the study is complete and results are available to the public in a timely manner, EPA initiated some activities this summer that were supported by the SAB and provide a foundation for the full study.

The final study plan looks at the full cycle of water in hydraulic fracturing, from the acquisition of the water, through the mixing of chemicals and actual fracturing, to the post-fracturing stage, including the management of flowback and produced or used water as well as its ultimate treatment and disposal. Earlier this year, EPA announced its selection of locations for five retrospective and two prospective case studies.

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Proposed Rules On Disclosure Of Inert Pesticide Ingredients

In response to two petitions under the Administrative Procedures Act seeking disclosure of selected inert ingredients on pesticide labels, EPA is initiating rulemaking to increase public availability of the identities of the inert ingredients in pesticide products.

The proposed rulemaking would be intended to assist consumers and users of pesticides in making informed decisions and reduce the presence of potentially hazardous ingredients in pesticides. In an advance notice of proposed rulemaking issued on December 23, 2009, EPA sought public comment on a variety of approaches under consideration, including disclosure based on hazard and broader disclosure of inert ingredient identities.

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Final Health Assessment For Trichloroethylene TCE

U.S. Environmental Protection Agency (EPA) has released the final health assessment for trichloroethylene (TCE) to the Integrated Risk Information System (IRIS) database. The final assessment characterizes the chemical as carcinogenic to humans and as a human noncancer health hazard. This assessment has undergone several levels of peer review including, agency review, interagency review, public comment, external peer review by EPA’s Science Advisory Board in January 2011, and a scientific consultation review in 2006 by the National Academy of Sciences.

TCE is one of the most common man-made chemicals found in the environment and is frequently found at Superfund sites across the country, TCE’s movement from contaminated ground water and soil, into the indoor air of overlying buildings (known as vapor encroachment), is of concern to regulators. TCE toxicity values as reported in the assessment will be considered in:

• Establishing cleanup methods at the 761 Superfund sites where TCE has been identified as a contaminant


• Understanding the risk from vapor intrusion as TCE vapors move from contaminated groundwater and soil into the indoor air of overlying buildings


• Revising EPA’s Maximum Contaminant Level for TCE as part of the carcinogenic volatile organic compounds group in drinking water, as described in the agency’s drinking water strategy


• Developing appropriate regulatory standards limiting the atmospheric emissions of TCE – a hazardous air pollutant under the Clean Air Act
  

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Report On Reanalysis of Key Issues on Dioxin Toxicity

The US Environmental Protection Agency (EPA) has announced plans to complete the non-cancer portion of EPA’s Reanalysis of Key Issues Related to Dioxin Toxicity and Response to NAS Comments, and post the final non-cancer assessment to the Integrated Risk Information System (IRIS) by the end of January 2012. After completing the non-cancer portion, EPA plans finalize the cancer portion of the dioxin reanalysis as quickly as possible.

The decision to split the dioxin assessment into two portions, one being the cancer assessment and the other being the non-cancer assessment, follows the release by the Science Advisory Board (SAB) of its final review report of EPA’s Reanalysis of Key Issues Related to Dioxin Toxicity and Response to NAS Comments on August 26, 2011. This reanalysis report responded to the recommendations and comments included in the National Academy of Sciences' (NAS) 2006 review of EPA's 2003 draft dioxin assessment.

The SAB report indicates that EPA selected the most appropriate scientific studies to support the non-cancer health assessment and the oral reference dose derived in the draft assessment. The SAB also commended that EPA had responded to many of the recommendations offered previously by the NAS.

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EPA - California Environmental Justice Agreement Concerning Methyl Bromide Use

U.S. EPA has entering into an agreement with the California Department of Pesticide Regulation (CDPR) to resolve a civil rights complaint filed in 1999 under Title VI of the Civil Rights Act of 1964 (Title VI). Title VI prohibits intentional discrimination and discriminatory effects on the basis of race, color, and national origin by recipients of federal financial assistance. The complaint alleged that CDPR’s annual renewal of the registration of methyl bromide in 1999 discriminated against Latino school children based on the health impacts of this pesticide. The Office of Civil Rights’ analysis of pesticide use in California from 1995 to 2001, raised concerns that there was an unintentional adverse and disparate impact on Latino children resulting from the use of methyl bromide during that period. This concern was based on the high percentage of Latino children in schools near fields where methyl bromide was applied for the period from 1995-2001. EPA communicated its concerns to CDPR on April 22, 2011.

CDPR has agreed through this Agreement to expand on-going monitoring of methyl bromide air concentrations by adding a monitor at or near one of the Watsonville, CA area schools named in the original complaint. The purpose of the additional monitor is to confirm that there will be no recurrence of earlier conditions. CDPR will share the monitoring results with EPA and the public and will also increase its community outreach and education efforts to schools that are in high methyl bromide usage areas.

California is one of the few states with a program to evaluate and register pesticides for state use beyond national requirements. Since 2001, EPA and the State of California have implemented regulations that address methyl bromide exposure levels. In its 2009 Re-registration, EPA required additional mitigation measures for use of methyl bromide nationwide, including in California. In issuing the Amended Re-registration Eligibility Decision (RED) for methyl bromide in 2009, EPA determined under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Food Quality Protection Act (FQPA) that there is a reasonable certainty of no harm from dietary and all other non-occupational exposures from methyl bromide in the general public when it is used in accordance with its labeling directions. To confirm the effectiveness of these mitigation measures and that exposure levels in communities remain below the Agency’s level of concern, EPA has required the manufacturers of methyl bromide to conduct ambient air monitoring studies in major use areas including California and Florida.

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Toxicity Testing and Environmental Sampling For BPA

As a follow up to the BPA Action Plan released in March 2010, the U.S. Environmental Protection Agency (EPA) is requesting public comment on possible toxicity testing and environmental sampling to study BPA’s potential environmental impacts. Comments on the Advance Notice of Proposed Rulemaking (ANPR) must be received on or before September 26, 2011.

BPA is used in the manufacture of a wide range of consumer and industrial products including food-can liners, hard polycarbonate plastics, epoxy paints and coatings, and thermal papers, including some cash register receipts. In January 2010 the U.S. Food and Drug Administration (FDA) announced it would further examine potential human health effects and reduce exposure to BPA in the food supply, which represents the greatest potential source of exposure to people. EPA, FDA, Centers for Disease Control, and the National Institute of Environmental Health Sciences are currently studying ways to better determine and evaluate the potential health consequences of BPA exposures. At the conclusion of that research, EPA will determine if additional actions may be needed to address human health concerns from non-food use exposures.

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Updates To IRIS Reporting Systems

The U.S. Environmental Protection Agency has announced plans to improve its Integrated Risk Information System (IRIS) program as part of an ongoing effort initiated in 2009 to strengthen the program. The latest actions are in response to recommendations received from the National Academy of Sciences (NAS). IRIS is a publicly available on-line database that provides high quality science-based human health assessments used to inform the agency’s decisions on protecting public health and the environment. The IRIS database includes more than 540 chemical substances, containing crucial information about how they impact human health.

Under the proposed action, all new IRIS assessment documents will be shorter, clearer and more visual, concise, and transparent. Documents will be more rigorously edited to eliminate inconsistencies and address redundancies and will include more graphical and tabular representations of data. Related discussions will also be consolidated into concise narrative descriptions. EPA will evaluate and describe the strengths and weaknesses of critical studies in a more uniform way. EPA will also indicate which criteria were most influential in evaluating the weight of the scientific evidence supporting its choice of toxicity values.

EPA will also create a new peer consultation step early in the development of major IRIS assessments to enhance the input of the scientific community as assessments are designed.

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Locations For EPA Hydraulic Fracturing Study Proposed

As part of the congressionally mandated hydraulic fracturing study. EPA has identified seven case studies it will use in the assessment of potential impacts of hydraulic fracturing on drinking water resources. The sites identified were selected following input from stakeholders, including the public, local and state officials, industry, and environmental organizations. EPA will begin field work in some of the selected regions this summer.

The studies will take place in several regions across the country, and are broken into two study groups. Two of the seven sites were selected as prospective case studies where EPA will monitor key aspects of the hydraulic fracturing process throughout the lifecycle of a well.

These areas are located in:
Haynesville Shale - DeSoto Parish, LA
Marcellus Shale - Washington County, PA

Five retrospective case studies were selected and will examine areas where hydraulic fracturing has already occurred for any impact on drinking water resources. These are located in:

Bakken Shale - Kildeer, and Dunn Counties, ND
Barnett Shale - Wise and Denton Counties, TX
Marcellus Shale - Bradford and Susquehanna Counties, PA.
Marcellus Shale - Washington County, PA
Raton Basin - Las Animas County, CO

The information gathered from these case studies will include literature review, collection of data and information from states, industry and communities, laboratory work and computer modeling.

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EPA To Review Nanoscale Materials In Pesticides

The U.S. Environmental Protection Agency has announced plans to obtain information on nanoscale materials in pesticide products. EPA will gather information on what nanoscale materials are present in pesticide products to determine whether the registration of a pesticide may cause unreasonable adverse effects on the environment and human health.

A number of organizations, as well as government, academic and private sector scientists, have considered whether the small size of nanoscale materials or the unique or enhanced properties of nanoscale materials may, under specific conditions, pose new or increased hazards to humans and the environment. EPA also has acknowledged that nanoscale materials have a range of potentially beneficial public and commercial applications, including pest control products.

The new proposed policy options will be published in the Federal Register. The notice is expected to also propose a new approach for how EPA will determine whether a nanoscale ingredient is a “new” active or inert ingredient for purposes of scientific evaluation under the pesticide laws, when an identical, non-nanoscale form of the nanoscale ingredient is already registered under FIFRA.

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EPA Ban On Sale of Mouse and Rat Poisons To Residential Consumers

The U.S. Environmental Protection Agency has announced that it intends to ban the sale to residential consumers of the most toxic rat and mouse poisons, as well as most loose bait and pellet products. The agency is also requiring that all newly registered rat and mouse poisons marketed to residential consumers be enclosed in bait stations that render the pesticide inaccessible to children and pets and reduce the opportunity that wildlife consume bait or poisoned rodents.

In 2008, EPA gave producers of rat and mouse poison until June 4, 2011 to research, develop and register new products that would be safer for children, pets and wildlife. Over the past three years, EPA has worked with a number of companies to achieve that goal, and there are now new products on the market with new bait delivery systems and less toxic baits. These products are considered to be safer to children, as well as pets and wildlife, but still provide effective rodent control for residential consumers.

While many companies that produce rat and mouse poison products have agreed to adopt the new safety measures, a handful of companies have advised EPA that they do not plan to do so. Consequently, EPA intends to initiate cancellation proceedings under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) to remove them from the market:

In addition to requiring more-protective bait stations and prohibiting pellet formulations, EPA intends to ban the sale and distribution of rodenticide products containing brodifacoum, bromadiolone, difethialone and difenacoum directly to residential consumers because of their toxicity and the secondary poisoning hazards to wildlife. These rodenticides will still be available for use by professional pest control applicators and will also be allowed for use in agricultural settings.

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New Design for the Environment Safer Product Labeling Program Requirements

U.S. Environmental Protection Agency (EPA) has announced that more than 2,500 products are now authorized by the agency under its Design for the Environment (DfE) Safer Product Labeling Program to carry the DfE label. DfE-labeled products do not contain known chemicals of potential concern, including minor product components, like dyes and fragrances. EPA has also announced that it soon will require manufacturers with products that bear the DfE logo to disclose their ingredients to consumers. Products that carry the DfE label include all-purpose cleaners, laundry and dishwasher detergents, drain line maintainers, car and boat care and other products.

Before allowing the DfE logo to be used on a product label, EPA conducts a scientific evaluation to ensure that candidate products are formulated from the safest possible ingredients. The DfE label means that EPA has screened each ingredient for potential human health and environmental effects and that the product contains only ingredients that, in EPA’s scientific opinion, pose the least concern among chemicals in their class.

EPA is also implementing a requirement that new DfE-labeled products list all ingredients (other than trade secrets) on the product label or in another easily accessible location. New DfE-approved products also will have to meet additional life-cycle requirements such as sustainable packaging and limits on volatile organic compounds. The new disclosure and life-cycle requirements will be phased in for existing DfE products.

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EPA Action Plan To Address MDI and TDI Hazards Under TSCA

U.S. Environmental Protection Agency (EPA) has released action plans to address the potential health risks of methylene diphenyl diisocyanate (MDI), toluene diisocyanate (TDI), and related compounds, used in certain applications such as spray foam insulation, sealing concrete or finishing floors. The plans identify a range of actions the agency is considering under the authority of the Toxic Substances Control Act (TSCA).

Actions to address concerns associated with TDI, MDI, and related compounds include issuing rules to call in data on any past allegations of significant adverse effects, obtain unpublished health and safety data from industry sources, require exposure monitoring studies for consumer products, and possibly ban or restrict consumer products containing uncured MDI or TDI. EPA plans to continue to work with other federal agencies, the polyurethanes industry, and others to improve labeling and to provide product safety information for polyurethane products containing uncured compounds, especially in consumer products.

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IRIS Assessments Continue for Methanol, MTBE, ETBE, Acrylonitrile

U.S. Environmental Protection Agency (EPA) announced its plan to address the four draft Integrated Risk Information System (IRIS) assessments that were placed on hold in June 2010, pending a review of some of the underlying studies relied on in the assessments. The four assessments were for methanol, methyl tertiary-butyl ether (MTBE), ethyl tertiary-butyl ether (ETBE), and acrylonitrile.

EPA put the assessments on hold because of a report written by the National Toxicology Program (NTP), a program administered by the National Institute of Environmental Health Sciences (NIEHS). The report outlined a review of research completed by the Ramazzini Institute, a lab in Italy that conducts animal testing to evaluate the potential cancer-causing effects of chemicals. The report recommended that further pathology reviews be carried out to resolve differences of opinion between NTP scientists and the Ramazzini Institute in the diagnoses of certain cancers reported in the study.

EPA and NIEHS have decided to jointly sponsor an independent Pathology Working Group (PWG) review, in cooperation with the Ramazzini Institute, of selected studies, including the methanol cancer assessment study. The review has begun and will continue over the next several months. The results will be made public and the cancer assessment for methanol will remain on hold until its completion.

The Ramazzini Institute diagnosed leukemias, lymphomas, or tumors in studies of MTBE and ETBE, and acrylonitrile. Based on other available data, EPA has determined that reliance on Ramazzini Institute study results is not necessary to continue with assessment development for MTBE, ETBE and acrylonitrile, including an assessment of cancer risks. Therefore, work on the assessments for the three chemicals will continue during the PWG review. When the four assessments (methanol, MTBE, ETBE, acrylonitrile) were put on hold in June 2010, two completed and publicly posted assessments (vinyl chloride and 1,1-dichloroethylene) were also identified as relying substantially on Ramazzini data. EPA plans to evaluate the results of the PWG review to inform conclusions about Ramazzini Institute tumor findings for these two assessments.

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New Robot Screening System Released To Predict Chemical Effects

Several federal agencies have unveiled a new robot screening system that will test 10,000 different chemicals for potential toxicity, including chemicals found in industrial and consumer products, food additives and drugs. The robot system, which is located at the National Institutes of Health Chemical Genomics Center (NCGC), was purchased as part of the Tox21 collaboration established in 2008 between the U.S. Environmental Protection Agency (EPA), the National Institute of Environmental Health Sciences National Toxicology Program, and NCGC, and U.S. Food and Drug Administration (FDA) in 2010. Tox21 merges existing research, funding and testing tools to develop ways to more effectively predict how chemicals will affect human health and the environment.

Tox21 has already been used to screen more than 2,500 chemicals for potential toxicity using robots and other innovative chemical screening technologies, including different types of oil spill dispersants used during the BP oil spill in the Gulf of Mexico.

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New Contaminants Proposed For SDWA Monitoring

U.S. Environmental Protection Agency (EPA) is proposing 30 currently unregulated contaminants for monitoring in water systems. Under the authority Safe Drinking Water Act (SDWA), EPA currently regulates more than 90 contaminants in drinking water. The SDWA requires that EPA identify up to 30 unregulated contaminants for monitoring every five years. This current proposal is the third Unregulated Contaminant Monitoring Regulation and includes requirements to monitor for two viruses and 28 chemical contaminants that could be present in drinking water and do not currently have health-based standards.

EPA is requesting public comment on the proposed list of 30 contaminants until May 2, 2011. Following the comment period, EPA will consider input and finalize the list in 2012, with sampling to be conducted from 2013 to 2015. Sampling will take place at all systems serving more than 10,000 people and at a representative sampling of systems serving less than 10,000 people.

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Confidential Business Information CBI Eligibility Denied By EPA

The U.S. Environmental Protection Agency has notified five companies that the identities of 14 chemicals associated with a number of health and safety studies submitted under the Toxic Substances Control Act (TSCA) and claimed as confidential are not eligible for confidential treatment. Last year, EPA put in place a plan to review confidentiality claims for the name of chemicals addressed in health and safety studies. Under these new procedures EPA is moving to declassify many chemical identities so they are no longer secret. EPA expects that more chemical names connected with health and safety studies will be released in the future. The agency plans to deny confidentiality claims for chemical identity in health and safety studies provided to the agency under TSCA unless the chemical identity contains process or mixture information that is expressly protected by the law.

Under TSCA, companies may claim that information they submit to EPA should be treated as confidential business information (CBI) and not be disclosed to the public. Companies that manufacture, process, or distribute chemicals are required to immediately provide notice to EPA if they learn that a chemical presents a substantial risk of injury to health or the environment. The reports are made available on EPA’s website, but when the identity of the chemical has been claimed confidential by a company, the name of the chemical has been removed from the copy of the report that is made public.

EPA has begun reviewing past CBI claims for chemical identity in health and safety studies. Where EPA determines that the information is not eligible for confidential treatment under the law, the agency will notify companies of the determination and that EPA will make the information public on the 31st day after receiving the determination unless the company challenges the disclosure in federal court.

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EPA Proposing Adding Vapor Intrusion To CERCLA Hazard Ranking

U.S. EPA is proposing to amend the ranking system used to assess potential “Superfund” sites to include potential vapor intrusion. The Hazard Ranking System (HRS), required by the Superfund statute, is the primary mechanism used by EPA to assess the relative threat associated with actual or potential releases of hazardous substances. Sites that score 28.50 or greater under the HRS are eligible for inclusion on the National Priorities List (NPL). The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation. A score of 28.50 does not represent a specified level of risk but is a cutoff point that serves as a screening-level indicator of the highest priority releases or threatened releases.

The HRS includes four scoring pathways - ground water, surface water, air and soil exposure. Additional pathways have been identified by EPA as posing significant threats to human health and the environment, and one such pathway is vapor intrusion. Vapor intrusion occurs when contaminants enter into indoor spaces, generally residences, from environmental sources such as contaminated ground water or contaminated soil.

Historically, EPA's Superfund program has responded to vapor intrusion contamination by two mechanisms: (1) through its emergency response program at sites not on the NPL, or (2) through sites placed on the NPL because of other pathway-related risks. In May 2010, the Government Accountability Office (GAO) issued a report that concluded that if vapor intrusion sites are not assessed and, if needed, listed on the NPL, some seriously contaminated hazardous waste sites with unacceptable human exposure may not otherwise be cleaned up. In response, EPA is proposing to add a new HRS pathway so that sites with vapor intrusion contamination can be evaluated for inclusion on the NPL.

EPA initiated rulemaking in January 2011, and current expects final rules to be completed by January 2012.

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Perchlorate and VOC Standards For Drinking Water Supplies

U.S. Environmental Protection Agency has announced the agency’s decision to develop to regulate perchlorate in drinking water. The decision will lead to the development of the first-ever national standard for perchlorate. In a separate action, the agency also plans to establish a drinking water standard to address a group of up to 16 toxic chemicals that may pose risks to human health. According to EPA, scientific research indicates that perchlorate may disrupt the thyroid’s ability to produce hormones that are critical to developing fetuses and infants. Monitoring data show more than 4% of public water systems have detected perchlorate and 5 - 17 million people may be served drinking water containing perchlorate. Perchlorate is both a naturally-occurring and man-made chemical that is used in the manufacture of rocket fuel, fireworks, flares and explosives, and may be present in bleach and in some fertilizers. This decision reverses a 2008 preliminary determination by the previous administration. EPA expects to continue to evaluate potential perchlorate health effects and occurrence in public water systems. The agency will also evaluate the feasibility and affordability of treatment technologies to remove perchlorate and examine the costs and benefits of potential standards. EPA will also be developing one regulation covering as many as 16 volatile organic compounds (VOCs), includes trichloroethylene (TCE) and tetrachloroethylene (PCE) as well as other regulated and some unregulated contaminants that are discharged from industrial operations. The VOC standard will be developed as part of EPA’s new strategy for drinking water to address contaminants as groups rather than individually in order to provide public health protections more quickly and also allow utilities to more effectively and efficiently plan for improvements.

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Minnesota Priority Chemicals For Toxic Free Kids Act

The 2009 Minnesota Toxic Free Kids Act (Minn. Stat. 2010 116.9401 – 116.9407) requires the Minnesota Department of Health (MDH) to create two lists of chemicals: “Chemicals of High Concern” and “Priority Chemicals.” Under the Law, the Minnesota Pollution Control Agency (MPCA) is also required to make recommendations about mechanisms to reduce and phase out the use of priority chemicals in children’s products and to promote the use of safer alternatives.

The list of Priority Chemicals was required to be published no later than February 1, 2011, but MDH can update the list whenever a new priority chemical is designated.

On January 31, 2011, the MDH published its Priority Chemicals, which include:

Bisphenol A (BPA) (CAS 80-05-7)
Butyl benzyl phthalate (BBP) (CAS 85-68-7)
Cadmium (CAS 7440-43-9)
Decabromodiphenyl ether (decaBDE) (CAS 1163-19-5)
Dibutyl phthalate (DBP) (CAS 84-74-2)
Di (2-ethyhexyl) phthalate (DEHP) (CAS 117-81-7)
Formaldehyde (CAS 50-00-0)
Hexabromocyclododecane (HBCD) (CAS 3194-55-6)
Lead (CAS 7439-92-1)


In 2010, MDH released its list of “Chemicals of High Concern”. Click here for more information on Chemicals of High Concern.

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Minnesota EQB Proposes Mandatory Environmental Review Threshold For GHG

The Minnesota Environmental Quality Board (EQB) has published its intent to adopt rules without a public hearing that would add a specific threshold number applying to greenhouse gas (GHG) emissions to the mandatory EAW category for air pollutants at part 4410.4300, subpart 15. The level proposed is a combined total of 100,000 tons per year of GHGs, expressed as carbon dioxide equivalents. The gases to which this threshold would apply are carbon dioxide; methane; nitrous oxide; hydrofluorocarbons (HFCs); perfluorocarbons (PFCs); and sulfur hexafluoride. Written comments on the proposed rule amendment are being accepted by EQB until February 23, 2011.

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Final Rule For HPV Chemicals Issued Under TSCA

The U.S. Environmental Protection Agency (EPA) is issuing a final rule under the Toxic Substances Control Act (TSCA) requiring manufacturers of nineteen high production volume (HPV) chemicals to test the health and environmental effects of the chemicals and submit the data to the agency.

The chemicals covered under the final rule have wide spread consumer and industrial applications. For example, diphenylmethanone is used in consumer products and may be found in personal-care products; 9, 10-anthracenedione is used to manufacture dyes; C12-C24 chloroalkenes are used as metalworking fluids; pentaerythritol tetranitrate (PETN) is a blasting and demolition agent; and leuco sulfur black is a fingerprinting agent.

The rule follows up on the voluntary HPV Challenge Program Chemical List launched by EPA that included chemicals used in household products such as hobby/craft glues, personal-care products, home cleaning products, home maintenance products, and automotive products. Companies voluntarily supplied data on more than 2,200 HPV chemicals under the voluntary program. However, no health and environmental effects data was provided on the 19 chemicals in the rule. Through this final rule, EPA is now requiring testing be conducted. In 2011, EPA expects to require testing of additional chemicals for which the agency has not received data.

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