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.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment.

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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.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address Environmental Review and Environmental Impact Assessment.

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